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refadmin wrote:
Dear Tiffany:
You likely have a clause in the lease that permits the Michigan forum and such a clause can be legal. Furthermore, the termination fee is the liquidated damages clause and is also permissible. If your damages would be less than the liquidated damages however, you may consider negotiating this or disputing it in a court of law.
You likely have a clause in the lease that permits the Michigan forum and such a clause can be legal. Furthermore, the termination fee is the liquidated damages clause and is also permissible. If your damages would be less than the liquidated damages however, you may consider negotiating this or disputing it in a court of law.
23/12 10:49:41
Tiffany wrote:
My husband and I live in Kentucky but our apartments are owned by a business in Michigan. So they file court filings and such in Michigan, not sure if that is legal. I was just wondering is there a limit on the termination fee? They want to charge us $1200 to terminate early and forfeit our security deposit. This is exactly what it says:
Tenant may terminate this agreement before the expiration of the original term by: Giving Landlord 60 Days written notice; plus paying all monies due through date of termination; plus paying an additional amount equal to $1200 as liquidated damages plus the security deposit and pet deposit shall also be forfeited as liquidated damages. Any advice, we don't want to pay that outrageous amount or forfeit our Security deposit.
Tenant may terminate this agreement before the expiration of the original term by: Giving Landlord 60 Days written notice; plus paying all monies due through date of termination; plus paying an additional amount equal to $1200 as liquidated damages plus the security deposit and pet deposit shall also be forfeited as liquidated damages. Any advice, we don't want to pay that outrageous amount or forfeit our Security deposit.
23/12 09:40:20
refadmin wrote:
Dear Jeff:
Under the law, all leases for a year or more need to be in writing in order to comply with the statute of frauds. Since there was no writing, you will prevail in any argument that you had a lease for a year or more. Leases for less than a year do not have to be in writing. Typically, when there is no written lease, the default is a month-to-month lease which requires 30 days notice to terminate.
Under the facts you provided, it appears that you have complied with your responsibilities and would not be obligated to pay anything further. Consider calling their bluff.
Under the law, all leases for a year or more need to be in writing in order to comply with the statute of frauds. Since there was no writing, you will prevail in any argument that you had a lease for a year or more. Leases for less than a year do not have to be in writing. Typically, when there is no written lease, the default is a month-to-month lease which requires 30 days notice to terminate.
Under the facts you provided, it appears that you have complied with your responsibilities and would not be obligated to pay anything further. Consider calling their bluff.
19/12 07:39:09
Jeff wrote:
I was living with my girlfriend and a friend of ours in a two bedroom apartment in Michigan from August-October of 2008. We had a falling out, and I offered to take the apartment. I had not signed the lease however, the two women had though, so they told me I had to leave. I agreed to pay November's rent and I did. They politely asked me to pay December's rent due to insufficient funds on their part, which I also did, but informed them this was the last month I would be helping out as I am looking to move into a new apartment and cannot afford two rent payments. They are threatening to take me to court to make me pay for the remaining months of the lease based on a verbal contract, which I don't believe we had. But even if we did, am I actually legally obligated to this lease that I had not signed? Also does it matter that I offered to take the apartment because I knew they couldn't afford it without me?
19/12 05:03:52
refadmin wrote:
Your landlord is obligated to keep the premises safe and secure. In order to lay a foundation for constructive eviction, you will need to put your concerns and demands in writing. Consider also contacting the local police department to find out about crime at the complex. If there is a high incidence of crime there, you can argue that you were fraudulently induced into signing the lease.
16/12 15:20:03
K. wrote:
I recently leased a one room apartment in Warren MI until next August. I verbally discussed with the landlord whether there were any serious crimes in the area and he said there were no cases during the last couple of years at the complex. Since moving in I have found out that my neighbor had someone break into his apartment through the window with the air conditioning unit the complex keeps in all year and refuses to take out during the winter. Also, two nights ago there was a situation involving a residents boyfriend getting angry and discharging a gun on the property. Do I have any protection from being kept in a lease where i feel my life is in danger? It only takes one stray bullet to kill someone and I would like to end my lease.
16/12 14:29:22
dkh wrote:
I signed a 12 month lease for a four bedroom apartment. I have been living there for four weeks. This was advertised as a four bed room with garbage disposal, Dishwasher, microwave included. Sense I moved in I found out that the widow do not seal and you can feel air through them, the microwave doesn't rotate. The dishwasher doesn't even clean pre-cleaned dishes and the garbage disposal is not to be used for anything (according to their maintenance man)except for the dishwasher to empty it left over water through the piping under the sink or if you wash you dishes what ever is left in the strainer at the end. I had put some carrot peels only it to be disposed Not even the tops or the bottoms. this maintainence person is always rude and abrupt and makes me feel uncomfortable when he is here or even when he leaves notes( they are just nasty mean). Here is the point. I sign ed a lease that says it has a garbage disposal for occupant use . But I am being told that garbage disposals are not meant for anything other than dishwasher residue.There are so amny things that are wrong with the apartment that I can't list them. I feel that I have been a victim of false advertisement. Do I have any recourse? I am not apposed to moving out. But now I have used all my money for moving and I moved 60 miles. I feel that I have been swindled.
12/11 18:02:39
refadmin wrote:
The landlord must be given an opportunity to cure the illegal provisions in the lease. Consider writing to the landlord requesting that he fix the illegal provisions, provide you with the lead paint disclosure, and inventory checklist, and fix the boiler. Tell him that if he does not fix the boiler, you will have it fixed and withhold the amount from the rent in an escrow account. Send the correspondence certified mail return receipt requested.
13/10 12:02:38
Upset_Renter wrote:
Hello- I am currently in the middle of a 7-month lease in Michigan. I want to terminate the lease agreement after the 3rd month. We did not receive a lead-paint addendum (80 year old building) The landlord did not give us an inventory checklist to detail necessary repairs at all. We did not receive the location of the holder of our security deposit. Our bathroom door does not close- this was noted on the day we signed our lease and 2 months later, after excuse after excuse it is still not fixed. The radiator heating is kept at a constant "low" temperature because the boiler and pipes do not work properly. (as described by the landlord). Most evenings it is around 60 degrees in our apartment. The pipes in the apt above us leaked 4 days ago- causing water damage in our ceiling. The landlord has yet to even inspect this in our apartment.
The lease agreement itself contains several (I believe) illegal provisions (landlord not responsible for repairs, landlord held harmless for any damage or injury to tenant, family guests or property, waiving of MI eviction laws with the following provision: for non-payment of rent or other lease violations, the tenant will have 3 to 7 days to cure, and if not cured at this point, the agreement will immediately terminate and tenant will vacate the premises immediately)
What role does the landlord's noncompliance with state laws at the conception of the lease play in terminating it? If I notify landlord of above illegal lease terms and it is not changed within 20 days, what will we have to do to terminate the lease on day 21?
Thank you so much!
The lease agreement itself contains several (I believe) illegal provisions (landlord not responsible for repairs, landlord held harmless for any damage or injury to tenant, family guests or property, waiving of MI eviction laws with the following provision: for non-payment of rent or other lease violations, the tenant will have 3 to 7 days to cure, and if not cured at this point, the agreement will immediately terminate and tenant will vacate the premises immediately)
What role does the landlord's noncompliance with state laws at the conception of the lease play in terminating it? If I notify landlord of above illegal lease terms and it is not changed within 20 days, what will we have to do to terminate the lease on day 21?
Thank you so much!
11/10 20:54:49
refadmin wrote:
Dear Lisa:
Under the facts you mentioned, I do not see any way for you to get out of your lease at this time. However, in your situation, it seems appropriate for you to talk to the management and tell them that it will be impossible for you to keep the noise down considering the age of your children, and that you would be agreeable to severing the relationship if you can move out without any consequences - without a breach of lease claim.
Under the facts you mentioned, I do not see any way for you to get out of your lease at this time. However, in your situation, it seems appropriate for you to talk to the management and tell them that it will be impossible for you to keep the noise down considering the age of your children, and that you would be agreeable to severing the relationship if you can move out without any consequences - without a breach of lease claim.
11/10 12:39:48
Lisa wrote:
We entered into a 6month lease until our house get repaired and on that lease it says no more than 4 people in this 2bdrm.Our lease ends in December,and we just recieved a letter from management saying we are noisy but we have a 2 & 3yr old toddlers and they even said in the daytime.So we are being harassed to keep to babies quiet in the daytime plus our other kids have to come back and live with us Nov.1 and we can't have 12 people live in a 2 bdrm.So is there anyway we can break our lease ?
11/10 00:08:38
Mike Fetcko wrote:
Hello,
I have run into some difficulty with a landlord and here is my story. My father in law passed away suddenly in his home that he has rented for 20 years from his neighbors that treated him like a son. Now the neighbor is now living in Texas and is having her Grandson take care of the property, since my father in law was land cartaker, if you will for over 20 years.
This is where the problem lies. There was never a signed lease, it was just by word of mouth. The grandson is trying to nice but really is being heart less at the same time. He is not power of attorney over his grandma yet, but supposed it is in the works. He is pretty much giving my family a couple of weeks to remove all of my father in laws belongings and vacate the premises. This has all started before my father in law, while he was in the hospital fighting for his life. According to the grandson's lawyers, or the land owner's lawyers he should lock up the premises and we would have to make appointment to get the things out of the house.
I am just totally confused about what to do in this regard. I know in my heart alot of this is coming straight from the grnadson and not from the grandmother as we have never seen this guy before. Any insight that you have on this matter would be great. Thanks for your time.
Sincerely,
Mike
I have run into some difficulty with a landlord and here is my story. My father in law passed away suddenly in his home that he has rented for 20 years from his neighbors that treated him like a son. Now the neighbor is now living in Texas and is having her Grandson take care of the property, since my father in law was land cartaker, if you will for over 20 years.
This is where the problem lies. There was never a signed lease, it was just by word of mouth. The grandson is trying to nice but really is being heart less at the same time. He is not power of attorney over his grandma yet, but supposed it is in the works. He is pretty much giving my family a couple of weeks to remove all of my father in laws belongings and vacate the premises. This has all started before my father in law, while he was in the hospital fighting for his life. According to the grandson's lawyers, or the land owner's lawyers he should lock up the premises and we would have to make appointment to get the things out of the house.
I am just totally confused about what to do in this regard. I know in my heart alot of this is coming straight from the grnadson and not from the grandmother as we have never seen this guy before. Any insight that you have on this matter would be great. Thanks for your time.
Sincerely,
Mike
09/09 08:39:28
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21/09: Lease Law - Michigan
It is important for both the landlord and the tenant to be aware of the numerous laws that govern all aspects of the landlord-tenant relationship. The most important of these laws are:The Truth in Renting Act, MCL 554.631 to 641;
The Landlord Tenant Act, MCL 554.601 to 616;
The Summary Proceedings Act, MCL 600.5701 to 600.5759;
The Elliott-Larson Civil Rights Act, MCL 37.2101 to 37.2804;
The Persons with Disabilities Civil Rights Act, MCL 37.1101 to 37.1607;
Lease or license of residential premises / covenants / modifications, MCL 554.139; and
Damages for forcible entry and detainer / unlawful interference with possessory interest, MCL 600.2918.
Tenants who are having difficulties with their landlords can and should refer to these laws to hold their landlords accountable. For example, according to the Truth in Renting Act, landlords must EXCLUDE certain provisions from their leases and if included, they are automatically considered void. The tenant can make the landlord fix a lease with these illegal provisions and if the landlord does not, the tenant can take the landlord to court and win statutory damages and fees. Landlords are likewise required to INCLUDE certain provisions such as the name and address at which notice shall be given to the lessor and a very specific statement regarding the fact that the agreement must comply with applicable Michigan laws.
For those who are interested in knowing the landlord's obligation to maintain the premises, reference should be made to MCL 554.139. This law requires that landlords must keep the premises and all common areas fit for the use intended. They must also be kept in reasonable repair and in compliance with applicable health and safety laws of the state and of the local unit of government.
Tenants who are worried about the return of all or part of their security deposit should pay particular attention to the Landlord and Tenant MCL 554.601 to 616 as this act regulates security deposits. Landlords cannot collect more than 1 and 1/2 times the monthly rent as a security deposit. Furthermore, they cannot require a security deposit unless they notify the tenant no later than 14 days from the date a tenant assumes possession in a written instrument of the landlord's name and address as well as the name and address of his bank. There is also a requirement of a particular notice regarding the tenant's responsibility to forward their new mailing address to the landlord within 4 days after termination of occupancy: “You must notify your landlord in writing within 4 days after you move of a forwarding address where you can be reached and where you will receive mail; otherwise your landlord shall be relieved of sending you an itemized list of damages and the penalties adherent to that failure.” An inventory checklist is required at the commencement and termination of the tenancy. If a landlord wants to keep all or part of the security deposit for damages or other obligation, he must mail to the tenant, within 30 days after the termination of occupancy, an itemized list of damages claimed, including the estimated cost of repair of each property damaged item and the amounts and bases on which he intends to assess the tenant. The notice of damages shall include the following statement in 12 point boldface type which shall be at least 4 points larger than the body of the notice: “You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages.”. Failure by the landlord to comply with the notice of damages requirement within the 30 days after the termination of occupancy, constitutes agreement by the landlord that no damages are due and he shall remit to the tenant immediately the full security deposit.
Tenants of an advanced age should be aware of MCL 554.601a, which allows early termination of a lease if the tenant becomes eligible to take possession of a subsidized rental unit in senior citizen housing or becomes incapable of living independently.
Regarding discrimination, the Elliott-Larsen Civil Rights Act provides protection from discrimination in housing accommodations on the basis of religion, race, color, national origin, age, sex, or marital status. There is an exemption in the law where the landlord or a member of the landlord's immediate family resides in one of the units. However, the Civil Rights Act of 1866 prohibits discrimination on the basis of race in ALL property transactions; and since federal law trumps state law, the federal law must be followed. Therefore, landlords can NEVER discriminate on the basis of race. Also, persons with disabilities are protected from discrimination. Landlords must accommodate disabled persons unless they demonstrate that the accommodation would impose an undue hardship or that they or their immediate family resides in 1 of the units under certain circumstances.
Finally, a tenant is entitled to quiet enjoyment of the premises and landlords are prevented from interfering with that enjoyment unless they are acting pursuant to court order, or the interference is only temporary in order to make needed repairs or inspection as provided by law. Landlords are not allowed to enter a tenant's property whenever they want, nor are they allowed to eject a tenant in a forcible or unlawful manner. A tenant who is put out or held out of their rented property in a forcible and unlawful manner, is entitled to recover 3 times the amount of his actual damages or $200.00, whichever is greater, in addition to recovering possession. Furthermore, a tenant whose possession has been unlawfully interfered with by the landlord or their agents shall be entitled to recover the amount of his actual damages or $200.00, whichever is greater, for each occurrence and, where possession has been lost, to recover possession. Landlords cannot use or threaten force, nor can they remove or destroy a tenant's personal property. They cannot change the locks without immediately providing keys, nor can they board up the premises. They cannot interrupt a service procured by the tenant or which the landlord is under a duty to furnish, if that service is so essential that its interruption would constitute constructive eviction, including heat, running water, hot water, electric, or gas service. Lastly, they cannot introduce noise, odor or other nuisance.
Any person involved in a landlord-tenant relationship must be aware of these laws. Landlords must inform their staff as for example, if certain language is not included in leases and certain time frames are not met, rights can be very limited. Tenants who must breach their lease in advance pray for the landlord to miss the 30-day deadline. If the notice of damages retained from the security deposit does not go out within 30 days after the tenant terminates the tenancy, all rights to the security deposit and any other damages are waived. Also, it must be clear that deference must be made to the federal Civil Rights Act and no discrimination on the basis of race must ever occur. The landlord-tenant relationship is tenuous at best. Knowledge of the applicable law by both parties sets forth expectations, reduces unnecessary problems, and lays a foundation for a positive relationship.