Comments
Sarah wrote:
I was signed a lease for 12 months. I informed my land lord that I would be moving out after the 11th month. My rent was $1100 and my security deposit was $1450. I didn't pay the last month of rent but they had held onto a rent check that they claimed they never recieved and cashed it for the last month of rent. I didn't leave a forwarding address until the 12th day when I fould that this happened and am now owed my security deposit. Since I moved out on the last day of the 11th month but paid for the 12th month when in fact would they need to give me my security deposit back? 30 days after move out of 30 days after my lease is actually up? If they rented the place in the 12th month am I owed any of that paid rent back? Is there any way to prove they rented to property?
Thanks!!!
Thanks!!!
13/08 15:18:31
refadmin wrote:
Dear Jennifer:
It would appear that the apartment owners/managers have sent the claim to their collections department which may be a law firm. The apartment owners want to collect what is owed to them via contract and they will do this through their collections firm. The debt will be reflected on your credit report as a co-signer.
It would appear that the apartment owners/managers have sent the claim to their collections department which may be a law firm. The apartment owners want to collect what is owed to them via contract and they will do this through their collections firm. The debt will be reflected on your credit report as a co-signer.
12/08 12:09:43
Jennifer wrote:
My ex boyfriend and I signed a lease for 6 months in Michigan. His credit was not good enough to get the apartment on his own so I co-signed. I lived there for 2 months and moved out. He was late paying the rent last month and its late this month. On the 15th the apartment sends it to their lawyers. What happens when they send it to their lawyers? Since I co-signed will it go on my credit?
12/08 11:10:29
refadmin wrote:
Dear Nicholas:
If there is a mistake in the lease, then the mistake should be fixed. You agreed to pay $2220 per month and that is what you are obligated to pay. A court will not allow you to have a windfall because of a mistake.
If there is a mistake in the lease, then the mistake should be fixed. You agreed to pay $2220 per month and that is what you are obligated to pay. A court will not allow you to have a windfall because of a mistake.
07/08 11:24:30
refadmin wrote:
Dear Tamara:
If you contacted the leasing office and were provided with assurances, you were reasonable to rely upon those, and therefore, reasonable to enforce those. You have relied upon the assurances to your detriment. That being said, rather than become involved in an expensive and stressful legal battle, consider abiding the original contractual terms.
If you cannot participate in month-to-month leasing, request a year-to-year lease.
If you contacted the leasing office and were provided with assurances, you were reasonable to rely upon those, and therefore, reasonable to enforce those. You have relied upon the assurances to your detriment. That being said, rather than become involved in an expensive and stressful legal battle, consider abiding the original contractual terms.
If you cannot participate in month-to-month leasing, request a year-to-year lease.
07/08 11:22:39
nicholas wrote:
I have a question about my lease it states: the rental of the premises, "out address", on a 12 month basis beginning august 15, 2007 through august 15, 2008 for a total sum of 22,640 payable in installments of 2220 per month... tenant agrees that rent will be mailed or delivered to landlord on or before the first of every month.... my question, the total sum, and monthly sums do not equal... what is the law on that and am I entitled to pay up to the 22,640 or do i need to pay the 2220 per month.... there is like a 4,000 dollor difference... thank you for your response!
05/08 21:13:09
Tamara wrote:
Hello,
I'd like to begin by stating that I have a government voucher which restricts me in my leasing terms. (I can't participate in month-to-month leasing) Because of this, I renewed my lease early (in September of 2007 instead of December) and since it is a 12 month lease, I thought it would end in September. To be sure I contacted the Leasing office, the Leasing Assistant Manager assured me that it would. Well today, the Leasing Manager called to say he would take me to collections because I am terminating my lease early. This will cause me to lose my voucher.
My question is: When does my lease actually expire? Twelve months after the early renewal date, in September? Or 12 months after the original contractual date of December?
I'd like to begin by stating that I have a government voucher which restricts me in my leasing terms. (I can't participate in month-to-month leasing) Because of this, I renewed my lease early (in September of 2007 instead of December) and since it is a 12 month lease, I thought it would end in September. To be sure I contacted the Leasing office, the Leasing Assistant Manager assured me that it would. Well today, the Leasing Manager called to say he would take me to collections because I am terminating my lease early. This will cause me to lose my voucher.
My question is: When does my lease actually expire? Twelve months after the early renewal date, in September? Or 12 months after the original contractual date of December?
05/08 15:53:20
refadmin wrote:
Dear Ms. Lin:
You did not sign the lease, but you were a tenant. You cannot be held to the terms of the lease your husband signed, but you can be held responsible for the terms of a month-to-month lease.
You did not sign the lease, but you were a tenant. You cannot be held to the terms of the lease your husband signed, but you can be held responsible for the terms of a month-to-month lease.
25/07 12:16:46
refadmin wrote:
Dear Christine:
It was astute of you to keep the envelope as this is your proof that you have not received the requisite 30 days, if that is the legal notice period. If your tenancy is a month-to-month than 30 days is the appropriate notice period.
As to the concerns about the habitability of the premises and landlord's obligations, 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.
Arguably, the issues that you mention represent the landlord's breach of the his obligations. The facts suggest a poor living condition and a poor relationship with the landlord. Consider contacting your landlord to let him know that you will move out move out but that you will require 30 days notice. Remember to give a forwarding address within 4 days. Keep track of the security deposit timeline so that you do not accidentally give it up and so that you can effectively argue for your deposit back should landlord miss his deadlines.
It was astute of you to keep the envelope as this is your proof that you have not received the requisite 30 days, if that is the legal notice period. If your tenancy is a month-to-month than 30 days is the appropriate notice period.
As to the concerns about the habitability of the premises and landlord's obligations, 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.
Arguably, the issues that you mention represent the landlord's breach of the his obligations. The facts suggest a poor living condition and a poor relationship with the landlord. Consider contacting your landlord to let him know that you will move out move out but that you will require 30 days notice. Remember to give a forwarding address within 4 days. Keep track of the security deposit timeline so that you do not accidentally give it up and so that you can effectively argue for your deposit back should landlord miss his deadlines.
25/07 12:12:53
christine shinavier wrote:
hello,
I received a 30 day eviction notice from my landlord the other day . The notice was signed July 9th and the mandatory move out date was August 9th , However the envelope was not post marked until July 22nd. Also if my landlord is telling me to move out am I responsible for the remainder of my lease. I owe him no money, he is evicting me because I have to use both my checks from work to pay the rent, I also drive limo and with the economy in michigan being bad I have not worked that job. He is mad that it takes me until the third week of the month to finish paying the rent. .. Please advise. also the house windows are so bad that in the winter I have to double plastic them and when the wind blows holes are blown thru the plastic . My bedroom has a large section in the outside wall that was never insulated so my room is cold, I have to keep the door shut so the rest of the house does not freeze, when I go in my room at night I turn on a space heater and the thermometer on the space heater reads anywhere from 45-55. will this help me to break the lease if it is not already broken by him evicting me ? PLEASE HELP ... sorry for the long explination.
thanks so much for you help
Christine \\
tee1972@yahoo.com
I received a 30 day eviction notice from my landlord the other day . The notice was signed July 9th and the mandatory move out date was August 9th , However the envelope was not post marked until July 22nd. Also if my landlord is telling me to move out am I responsible for the remainder of my lease. I owe him no money, he is evicting me because I have to use both my checks from work to pay the rent, I also drive limo and with the economy in michigan being bad I have not worked that job. He is mad that it takes me until the third week of the month to finish paying the rent. .. Please advise. also the house windows are so bad that in the winter I have to double plastic them and when the wind blows holes are blown thru the plastic . My bedroom has a large section in the outside wall that was never insulated so my room is cold, I have to keep the door shut so the rest of the house does not freeze, when I go in my room at night I turn on a space heater and the thermometer on the space heater reads anywhere from 45-55. will this help me to break the lease if it is not already broken by him evicting me ? PLEASE HELP ... sorry for the long explination.
thanks so much for you help
Christine \\
tee1972@yahoo.com
25/07 09:26:14
Lin RIngrose wrote:
I lived at a moble home communty where a lease agreement was put into place for renting the land. The front of hte lease relfects both my ex-husbands name along with mine however, he was the only one that actually signed the lease with the manager. We divorced, he failed to make his half of the payments and in January 2007 the company sent him the statement of deposit. He avoided, and now 7-08 a summons and complaint has been filed filed against both of us for the balance remaining after the deposit was applied. My question is can I be held liable for this debt if I had not signed the actual lease agreement? All renewals after the initial 12 month lease were month to month notification modify the monthly rent. No signatures were required.
22/07 20:42:09
refadmin wrote:
A landlord is bound by the terms of the lease, and therefore, you must obtain a copy of the lease so that you are informed. Typically, one should not have to pay for rent when one has not yet taken residence in the premises.
21/07 15:26:19
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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.