Comments
Brian Voishich wrote:
Can I break a lease because of family hardship where I would have to move to take care of my dad?
14/11 12:22:23
refadmin wrote:
Unless there is a provision allowing for this in your lease, then probably not. You may be able to get out of your lease on other technicalities as where the landlord has failed in his obligations. Refer back to the article above to check on his obligations. However, if you are unable to continue your lease and must leave because you have to take care of your father, do whatever you have to in order to fulfill your responsibilities to your father. Family should always come first and the landlord does have to mitigate his damages by finding another tenant to replace you. However, if he cannot, then you may be accountable for the remainder of the lease. You may want an attorney to take a look at your lease and discuss your situation to see if you have any outs.
14/11 14:27:03
Kerri Eckert wrote:
I want to break my lease as I have a chance to move into a house I want to buy. The ceiling had a leak last month and a piece of the drop ceiling fell down on my bed. The landlord wanted me to put a bucket there to catch the dripping water! I told him I would not live like that. He had someone come and get the frozen snow off the roof which was causing a leak. His properties are in bad shape according to the contractor who came. Do I have a leg to stand on when this happens again? I need an out. If I pay the lease in full there should not be a problem though right?
11/01 20:57:11
refadmin wrote:
Landlords have a responsibility to keep the premises in reasonable repair and fit for their intended use. Generally speaking, if the landlord is not living up to their responsibility, the rent can be withheld and put in an escrow account or the tenant can have the damage repaired and deduct the repair amount from the rent. Notice must be given to the landlord in advance so that they have an opportunity to respond and/or repair.
From the facts stated, it does not appear that there are grounds to break a lease. If a tenant pays the lease in full and does not damage the property, then arguably they have complied with their lease and should not have a legal problem.
Disclaimer: I have not seen your specific lease nor do I have all the facts. You should not rely upon this information to make your decisions as in my blog, I discuss legal principles rather than give specific advice.
From the facts stated, it does not appear that there are grounds to break a lease. If a tenant pays the lease in full and does not damage the property, then arguably they have complied with their lease and should not have a legal problem.
Disclaimer: I have not seen your specific lease nor do I have all the facts. You should not rely upon this information to make your decisions as in my blog, I discuss legal principles rather than give specific advice.
11/01 22:22:13
Tony Trachsel wrote:
Just a general question...
I am taking my landlord to Small Claims in a week for not paying me my security deposit within the 45 day required time period. The itemized list of charges were re-negotiated about a week after they had been sent out because they were all incorrect (charged for a mattress when we had an unfurnished apartment, as well as all of the water consumption for the 2 years we lived there was taken out of the deposit when we had payed quarterly for water).
I guess my main question would be if there were any general things I should do prior so we do not get blindsided by something ridiculous.
Tony
I am taking my landlord to Small Claims in a week for not paying me my security deposit within the 45 day required time period. The itemized list of charges were re-negotiated about a week after they had been sent out because they were all incorrect (charged for a mattress when we had an unfurnished apartment, as well as all of the water consumption for the 2 years we lived there was taken out of the deposit when we had payed quarterly for water).
I guess my main question would be if there were any general things I should do prior so we do not get blindsided by something ridiculous.
Tony
22/01 13:31:42
refadmin wrote:
You should be very prepared by knowing the facts of the case and having the evidence in support of your arguments. It is always a good idea to have the facts presented in a time-line like fashion.
Furthermore, have extra copies of documents for the judge so when you are arguing for your position, you can impress her by requesting that you approach and give her a copy of the material you are referencing.
Anticipate his arguments as to why he did not follow the law and prepare for them. As a landlord he should be well-aware of his legal responsibilities and therefore has no excuse for violating the law.
You might also bring with you copies of the law in your favor. Sometimes the law is ignored and in those situations, you must argue that the law is the law and you should be able to rely on the judicial system to enforce the law.
Furthermore, have extra copies of documents for the judge so when you are arguing for your position, you can impress her by requesting that you approach and give her a copy of the material you are referencing.
Anticipate his arguments as to why he did not follow the law and prepare for them. As a landlord he should be well-aware of his legal responsibilities and therefore has no excuse for violating the law.
You might also bring with you copies of the law in your favor. Sometimes the law is ignored and in those situations, you must argue that the law is the law and you should be able to rely on the judicial system to enforce the law.
22/01 15:37:18
Megan98308 in Michigan wrote:
My lease states that to terminate, I have to pay a $250 lease termination fee, AND continue to be liable for rent payments until the apartment is re-rented or until the lease expires. Is this legal? I have already broken lease, given 30 days notice, paid up rent, and paid the termination fee. If I paid to terminate the lease, shouldn't it be terminated and I no longer liable for rent?
29/01 13:33:48
refadmin wrote:
It is impossible to answer the question without having seen your lease. The law does prevent a landlord from collecting lost rent when the unit is being rented. The statutory law does not prevent a termination fee from being included in the lease. It does provide that certain provisions are illegal however, a termination fee is not such a provision. Therefore, depending on the language of your lease, the provision providing for a termination fee may not be illegal. If you want me to take a look at your lease, contact me directly via email.
04/02 16:26:02
jack burtzlaff wrote:
"I live in Michigan. My landlord has my security deposit of $3,800.00. That is quite a bit of money. I gave my forwarding address to the realtor who set up the rental unit for us. She represented the landlord. My forwarding address was sent to the landlord and via the representative. She responded to my email, thanking me for the address (on the 5th day). She also indicated there was damage to several items and she was going to get estimates. This occurred 25 days ago. We have been out of the unit for 31 days with no word from my landlord. What are my rights here?"
08/02 14:16:30
refadmin wrote:
I have responded to your question by way of an article on the topic which I have posted on the front page of the site today. It is entitled, 'How To Get Your Security Deposit Back From Your Landlord'.
08/02 17:52:44
Amar wrote:
Hi, I have to break the lease because I got a new job in a different place. I got a one-month lease discount when I started the lease term. Lease agreement includes a lease break clause where I have to pay 2-months rent. That would cost me a total of 3-months rent to break the lease. Do I need to pay the lease break fee if I break the lease because of employment reasons?
Best regards.
Best regards.
12/02 15:32:57
refadmin wrote:
Unless there is a provision for such an early termination, you are required to comply with the lease provisions. There is no statutory or caselaw that will provide support for your argument to terminate based upon employment.
The statutory law that does provide for early termination follows:
554.601a Termination of lease; conditions; applicability of section to leases entered into, renewed, or renegotiated after effective date.
(1) A rental agreement shall provide that a tenant who has occupied a rental unit for more than 13 months may terminate a lease by a 60-day written notice to the landlord if 1 of the following occurs:
(a) The tenant becomes eligible during the lease term to take possession of a subsidized rental unit in senior citizen housing and provides the landlord with written proof of that eligibility.
(b) The tenant becomes incapable during the lease term of living independently, as certified by a physician in a notarized statement.
(2) This section applies only to leases entered into, renewed, or renegotiated after the effective date of this section, in accordance with the constitutional prohibition against impairment of contracts provided by section 10 of article I of the state constitution of 1963.
The statutory law that does provide for early termination follows:
554.601a Termination of lease; conditions; applicability of section to leases entered into, renewed, or renegotiated after effective date.
(1) A rental agreement shall provide that a tenant who has occupied a rental unit for more than 13 months may terminate a lease by a 60-day written notice to the landlord if 1 of the following occurs:
(a) The tenant becomes eligible during the lease term to take possession of a subsidized rental unit in senior citizen housing and provides the landlord with written proof of that eligibility.
(b) The tenant becomes incapable during the lease term of living independently, as certified by a physician in a notarized statement.
(2) This section applies only to leases entered into, renewed, or renegotiated after the effective date of this section, in accordance with the constitutional prohibition against impairment of contracts provided by section 10 of article I of the state constitution of 1963.
12/02 16:52:06
Melissa wrote:
I moved in with a friend. We signed a lease and I got a copy for my school. This is the only copy I have. The landlord's representative never gave me a copy. My friend and I had problems and she moved out. I resigned a lease with my boyfriend on it. I have not gotten this lease back since then. I sort of remember the date when the lease was up. It is very soon and I contacted the representative recently about the lease and when the lease is up. He apparently wasn't aware I didn't have my lease and told me to look at my own. I contacted him again and told him I had looked through my things and did not have the lease. I have told other people about how he had not given me the lease back. And also other tenants do not have their lease either. I had told him about this 9 days ago and he has not contacted me. I want to move out of here to another apartment and was wondering if I could under these circumstances.
13/02 16:30:51
refadmin wrote:
It may be in your best interest to inform your landlord in writing that you plan to move in 30 days. If he responds that you will be in breach of your lease, then it will be appropriate for you to request a copy of the lease and that he identify the provisions which you have breached.
Failure to provide a copy of the lease alone is not grounds for early termination of the lease, unless such a provision is contained in the lease itself.
Failure to provide a copy of the lease alone is not grounds for early termination of the lease, unless such a provision is contained in the lease itself.
14/02 00:34:02
Tyler Kraus wrote:
We live in MI and want to terminate our lease to buy a house. We do not to pay the rest of our lease, which does not say anything about termination. I called the company about it and they said that I would have to pay the rest of the lease until the end or until it is re-leased. Are they just blowing smoke or can I get out of it. Because the lease is silent on termination, do I have a defense?
14/02 20:24:17
refadmin wrote:
Please send me a .pdf copy of your lease and I can let you know. Without seeing the lease, I cannot competently inform you. However, typically, there is an obligation to pay the rent for the full term of the lease upon the tenant's breach of the lease by early termination.
14/02 21:17:28
Marisa wrote:
I live in MI. I have lived in my apt since August. My complex has had three different managers. In December, the manager indicated in a letter to my that they lost my Sept rent. I paid with a money order and did not receive a receipt for rent. I purchased the money order at Felpausch, and they said they could find record of it, but it would take a long time. Now the apartment is trying to sue me for Sept rent that they told me they lost. Can they do this?
15/02 11:37:21
refadmin wrote:
If the money order has not been cashed, then it is only fair that you assist them by working with Felpausch to get a replacement. Write a letter to Felpausch and send a copy to your landlord. If they think you are not making efforts to work with them, then they may have cause to take action against you. However, if you are communicating with them, working with Felpausch and current on your other rent, then they would have a very difficult time winning a case in court.
A person / corporation can always sue someone else. Whether they will be successful on the merits is another question.
A person / corporation can always sue someone else. Whether they will be successful on the merits is another question.
15/02 11:55:30
stephanie wrote:
I live in Michigan. I moved into my apartment in Jan. 2007. My lease says "for a period of twelve and a half (12 1/2) months. From January 16, 2007 to January 31, 2007. My landlord just gave me a termination of tenancy notice because in my lease it says if I stay beyond the lease, my rent increases by $100.00 per month. He says that I owe him $1300.00 for all the months I was there "without a lease", and a $50.00 late fee for each month, adding $650.00 to the bill. I am wondering which part of the lease is to be interpreted as correct? the "twelve and a half months"? or the "January 31, 2007"?
Also, does the landlord HAVE to give me a notice before my lease is up, telling me what my options are? (sign new lease at new amount, stay in hold over at such amount, or leave?) or is it my responsibility to notify him when my lease is up?
Also, does the landlord HAVE to give me a notice before my lease is up, telling me what my options are? (sign new lease at new amount, stay in hold over at such amount, or leave?) or is it my responsibility to notify him when my lease is up?
16/02 08:30:41
refadmin wrote:
I assume that the period quoted was meant to say, January 31, 2008 versus January 31, 2007. That being said, it sounds like your landlord is construing the lease provision to provide for $100.00 per month in back rent for the 12 1/2 months. However, unless you have misquoted your lease, this is not what the lease states. When I read the provision, I interpreted it to mean $100 per month for future rent, and not past rent. If provisions in the lease are ambiguous, as yours seems to be, the law requires that they be interpreted in favor of the tenant because the landlord was in the best position to have made the provisions clear. Therefore, your landlord should not prevail on his claim for that dollar amount.
Furthermore, the landlord does not have to give you notice before the lease is up, but does have to give you notice of a change in the lease terms, such as the rent. He also does have to give you proper notice of eviction.
Furthermore, the landlord does not have to give you notice before the lease is up, but does have to give you notice of a change in the lease terms, such as the rent. He also does have to give you proper notice of eviction.
16/02 23:21:56
KW wrote:
I am interested in renting an apartment in Michigan, but have a question about a lease that I signed that is supposed to start on March 1, 2008. If I change my mind about the apartment before March 1, can I legally get out of the lease agreement at that time?
Thanks for any help,
Katherine
Thanks for any help,
Katherine
25/02 08:43:14
refadmin wrote:
Unless there is undue influence or fraud, once you sign a lease, you are obligated to its terms. Your best bet is to try to work this out with the landlord / property owner. If there was any discussion in the negotiation stage about the possibility of your withdrawal or if there is a clause you can rely on in the lease, then use those factors in support of your position.
Typically, if there is a question or concern about whether a potential tenant wants the property, they should not sign a lease. Once the lease is signed, this evidences that they have read the terms and agree to them, thereby entering into the commitment for the property.
Typically, if there is a question or concern about whether a potential tenant wants the property, they should not sign a lease. Once the lease is signed, this evidences that they have read the terms and agree to them, thereby entering into the commitment for the property.
25/02 13:25:36
Chad S wrote:
How does a house qualify as a two unit? I rent a house. My landlord is trying to call the upstairs area, unit two. It is empty. This house has only one address and no kitchen or shower/tub upstairs and only one utility meter that I pay.
03/03 09:24:19
Tony wrote:
I signed a lease in MI and recently quit my job. I still have 9 months on my lease. The landlord told me that I must pay $1450.00 as a Market Return Fee and Leasing Fee in addition to paying rent until the apartment is leased or the lease contract is paid in full. The lease does not mention the Market return Fee or Leasing Fee. I need to get out of the lease. Nothing is wrong with my unit, but the basement where the washer and dryers are is pretty run down and looks to have some water damage.
08/03 19:33:03
refadmin wrote:
Dear Tony:
The fact that the basement is run down with some water damage is unlikely to qualify as a breach of the landlord's obligation. However, on the upside is the fact that a court will not uphold fees which are not agreed to in the lease. If you do breach your lease and move out early, the landlord must mitigate his damages by looking for tenants to lease your unit. Furthermore, they must comply with the law with regard to the security deposit.
If you need further assistance, please so inquire.
The fact that the basement is run down with some water damage is unlikely to qualify as a breach of the landlord's obligation. However, on the upside is the fact that a court will not uphold fees which are not agreed to in the lease. If you do breach your lease and move out early, the landlord must mitigate his damages by looking for tenants to lease your unit. Furthermore, they must comply with the law with regard to the security deposit.
If you need further assistance, please so inquire.
11/03 00:05:29
refadmin wrote:
Dear Chad S.:
You must look to the property maintenance code, within your city or township ordinances. The term "rental unit" will be defined. Typically, the definition refers to particular living quarters within a dwelling intended for occupancy. Furthermore, part of the property maintenance code will likely require a property owner to obtain a certificate of compliance before the owner may rent the property. The failure to obtain a certificate of compliance constitutes a civil infraction. Certainly, you are not obligated to pay for any other tenant's utilities and should raise that issue with the landlord.
You must look to the property maintenance code, within your city or township ordinances. The term "rental unit" will be defined. Typically, the definition refers to particular living quarters within a dwelling intended for occupancy. Furthermore, part of the property maintenance code will likely require a property owner to obtain a certificate of compliance before the owner may rent the property. The failure to obtain a certificate of compliance constitutes a civil infraction. Certainly, you are not obligated to pay for any other tenant's utilities and should raise that issue with the landlord.
12/03 00:45:03
joeandlacey wrote:
We rent one room out of a house occupied by the LLs. The LLs have allowed their friend from high school move into one of the open rooms. The young man has made our lives a living hell. No one asked us if we wanted a coke fiend living with us (he claims to be clean now and we can't prove otherwise). From constant swearing to leaving broken glass in our cat's food (no exaggeration, but the LLs just can't believe it), we have had too much and want out now.
The LLs still expect us to pay the rest of our lease, about 5 months rent. They have told us that if we leave, they will take us to court for the money. Is there no provision that lets us break a lease when the living situation is so drastically changed by the LL? Also, is it significant that we learned the LLs have never paid taxes for rent received (I.E. does their defrauding the government void the lease in anyway)?
The LLs still expect us to pay the rest of our lease, about 5 months rent. They have told us that if we leave, they will take us to court for the money. Is there no provision that lets us break a lease when the living situation is so drastically changed by the LL? Also, is it significant that we learned the LLs have never paid taxes for rent received (I.E. does their defrauding the government void the lease in anyway)?
12/03 04:53:01
Dawn wrote:
PLEASE HELP!!!! I am trying to break my lease because of a hot water issue. There is an addendum to my lease which states "penalty for early termination is one month's rent." I interpreted this to mean that I am able to terminate at any time as long as I pay the penalty. At most, I think it's reasonable to assume that 30 days notice would be required since the penalty is for one month's rent. However, my landlord says that it is implied that he needs two months notice since in another part of the lease it refers to holdovers and says in that event, two months notice is required. This is in a completely different part of the lease and I had no idea that I was to "assume" that it also referred to the notice required for early termination. I am in FL and when I moved in I gave him first and last months' rent and a deposit equal to one month's rent. I gave him notice on March 8th that I was terminating the lease. He wants to keep the money for my deposit and last months rent that I initially paid. Is this right? What happens when there is no meeting of the minds and I thought one thing and he thought another???
12/03 14:34:05
refadmin wrote:
Dear Joe and Lacey:
You have a great argument in breaking your lease in that the landlords have breached their covenant of quiet enjoyment by allowing the other tenant to move in and occupy the other room in such a way that it interferes with your occupancy and quiet enjoyment of the premises. You can negotiate with the landlords indicating that you have a solid countersuit for your damages in being forced to terminate a lease without having alternative arrangements for living quarters, all at quite an expense to you.
If they will not settle, you can leave and take it from there. If they retain a portion of the security deposit keep an eye on your timelines and their compliance with the laws. You must also follow certain timelines in your defense. Ultimately you would take it before a judge or magistrate who would make a decision. Certainly the more details you have regarding the disruptions the better. Your preparation is most important.
You have a great argument in breaking your lease in that the landlords have breached their covenant of quiet enjoyment by allowing the other tenant to move in and occupy the other room in such a way that it interferes with your occupancy and quiet enjoyment of the premises. You can negotiate with the landlords indicating that you have a solid countersuit for your damages in being forced to terminate a lease without having alternative arrangements for living quarters, all at quite an expense to you.
If they will not settle, you can leave and take it from there. If they retain a portion of the security deposit keep an eye on your timelines and their compliance with the laws. You must also follow certain timelines in your defense. Ultimately you would take it before a judge or magistrate who would make a decision. Certainly the more details you have regarding the disruptions the better. Your preparation is most important.
12/03 15:20:25
refadmin wrote:
Dear Dawn:
I have not researched FL law. I do know that typically ambiguities in a contract are interpreted to favor the draftee, that is you because the property owner is in the best position to define the terms. In your situation, you both have interpretations. The court will typically decide what is reasonable when there are differences in the interpretation of the contract. You must work out a settlement with your landlord or take it up with the courts. If he keeps your deposit, pay attention to the timelines because his noncompliance could amount to his forfeit of damages.
I have not researched FL law. I do know that typically ambiguities in a contract are interpreted to favor the draftee, that is you because the property owner is in the best position to define the terms. In your situation, you both have interpretations. The court will typically decide what is reasonable when there are differences in the interpretation of the contract. You must work out a settlement with your landlord or take it up with the courts. If he keeps your deposit, pay attention to the timelines because his noncompliance could amount to his forfeit of damages.
12/03 15:23:41
Curtis wrote:
Hi, I read your article and was hoping you could help. I moved out of the house I was living in to move to a friend's because I was not spending nearly anytime at my own residence. I was never on the lease. I was merely allowed by the other residents of the house to share a room with another occupant. I never signed anything, a lease or a sublet contract. Now that I have moved out, the current tenants are asking for me to pay rent for the months until the lease ends or they will take me to small claims court. What would the result of this action be? Considering that there have been no agreements in writing, I don't think that I owe them anything. Also, they are trying to get money for utilities as well, even though for the last 2 months I have spent maybe 10 hours in the house, mainly just to move my belongings out.
Thanks
Thanks
13/03 22:16:47
refadmin wrote:
In Michigan, the result of the action would likely be that they would lose. You cannot be held responsible for their lease. At most, you would be responsible for a month's rent as where in a month-to-month lease, you should provide one month's notice to move out. Additionally, on the utilities, you have a strong defense. If you did not sign a lease or enter into a verbal agreement on the utilities, who is to say that you agreed to pay for any utilities. Some landlords do pay for some or all of the utilities.
13/03 22:26:13
Darla wrote:
Hello, We are renting a home, and would like to purchase a home, can we break our lease?
17/03 17:15:46
refadmin wrote:
There is no law that provides for breach of lease if an opportunity to purchase a home arises. You are bound by the legal provisions of your lease. Without additional facts, I cannot offer you any further information.
17/03 18:57:09
Sporkbob wrote:
My wife and I currently reside in an apartment that we would like to move out of because I got a new job in another part of the state. The lease includes 3 addendums. The first is a standard addendum that states that a 60 day notice must be furnished prior to vacating the premises at which point all rent concessions must be paid back. We initialed all sections and signed this document in the space at the bottom. The second states that the lease may be terminated with a 60 day notice after 6 months in the lease provided the tenant receives a job transfer to somewhere more than 50 miles away and they will lose their job if they do not transfer. We initialed all sections of this but did not sign and date this page at the bottom in the space provided. The leasing agent said we did not need to although she no longer works at that leasing office. The third is similar to the second but provides a way out of the lease in the event that the tenant purchases a home. The same situation applies wherein we initialed all sections but did not sign and date. Aside from the previous mention of the new job, we have had oodles of problems with water damage, mold, broken heaters, etc. I won't go in to those however as we failed to keep good records of them. We furnished the rental company our 60 day notice based on the provisions of the first addendum, and two weeks later they wrote back saying they would hold us to our lease. Do we have legal standing to leave providing we pay through our last month of rent plus all of the lease concessions?
-Thanks!
-Thanks!
17/03 23:56:30
refadmin wrote:
It sounds like you fall within the addendum regarding the new job. As long as you comply with the lease and the addendums, the landlord / owner will not have a cause of action against you. Furthermore, you should check your timelines on the security deposit very carefully, because if they do not follow the timelines, they could forfeit any and all damages including but not limited to the security deposit. I have an article on getting your security deposit back from your landlord in the landlord / tenant category that you should review.
18/03 16:40:14
amber wrote:
I rent a home in Michigan and have requested that the landlord fix the carpet where nails are coming through. Two of my three children have been hurt yet the carpet is still not fixed. The landlord has threatened to turn off our water if we do not get it changed over in our name even though it states in the lease that it will be billed quarterly. We were late this month for the first time on rent and he has literately harassed me daily. I have saved all of the messages, pictures of the nails and the wounds it inflicted on my children. My eight month old will go in the morning for a tetanus shot. The lease does not state how many days allowed late just the late fees that will be applied. Can you please tell me if I should consult a lawyer, pay the early termination fee of lease? What about the security deposit?
20/03 22:55:20
refadmin wrote:
Your landlord is required to maintain the premises in reasonable repair so that they are fit for their intended purposes.
If you are at risk of having your children hurt from the nails, you are obligated to fix them yourself or take some other emergency action to fix them, as for example, placing a rug over the nails. You should write a certified letter to your landlord providing him with an opportunity to fix the nails or you will have them fixed and withhold the amount of the repair from the rent in an escrow account. This should get him to repair the defect.
Harassing you daily is not acceptable and is a violation of the law, to wit, the state and federal fair debt collection practices acts. These laws provide for damages in the event that the creditor breaks the law. I have an article on what creditors cannot do in collecting debt under the Consumer Law category of this website.
If you are at risk of having your children hurt from the nails, you are obligated to fix them yourself or take some other emergency action to fix them, as for example, placing a rug over the nails. You should write a certified letter to your landlord providing him with an opportunity to fix the nails or you will have them fixed and withhold the amount of the repair from the rent in an escrow account. This should get him to repair the defect.
Harassing you daily is not acceptable and is a violation of the law, to wit, the state and federal fair debt collection practices acts. These laws provide for damages in the event that the creditor breaks the law. I have an article on what creditors cannot do in collecting debt under the Consumer Law category of this website.
21/03 14:08:43
Jayme wrote:
Our landlord rented us a 4 bedroom home in Michigan for 3 adults and a child. This home was leased from November 2007-April 2008. November was a warm month for us but when December came around the upstairs had to be blocked off as the home has NO insulation what-so-ever as well as no electrical outlets upstairs to run a space heater. This created an issue for us. I moved into the enclosed porch area downstairs while the other two adults moved into bedrooms and the child slept in the living room. This was not going to work as one of the mothers was going through a custody battle and needed the room for the child. The landlords after much arguing agreed to move the child and one adult out breaking the lease with no extra charge and moved the rent from 750.00 to 500.00. In the lease it stated that we were to pay utilities. We take care of heat and electric. We moved the electric into our name in November. The landlord called and said they wanted to refinance the house and it couldn't look like anyone was living there at the time. They moved the electric BACK into their name and we were waiting to move it back. They had us put away all our personal belongings and pretend we were cousins in from out of town just staying there. I rec'd an email on January 4th stating the following:
Jayme,
Nice talking with you last night. I just want to verify 2 things real quick:
1) Starting on February 1st the rent is going to be decreased to $500/month for you and Robin.
2) I just contacted Consumers Energy and it is in Jon's name as we had switched it temporarily so please contact consumers at 800-477-5050 and switch it in either yours or Robins name through the duration of the lease the end of April.
If there are any questions feel free to let me know.
In that email please refer to #2, I transfered service that day to my name and the next billing cycle it was mailed to my parent's address as there is no mailbox on the premises and it does state duration of lease therefore I had no idea about back electric bills that were not paid.
Now they are coming back and stating that we owe 400 dollars to a collection company for electric bills and they will end up keeping our security deposit. After such a run around do you believe that there is anything that we can do legally? The township and city have no renting regulations as well. They have in our lease a place livable for 4 individuals and it cannot be to code for people to live there!!!
They never redrew a lease up when the mom and child moved out.
Please help!!!
Jayme,
Nice talking with you last night. I just want to verify 2 things real quick:
1) Starting on February 1st the rent is going to be decreased to $500/month for you and Robin.
2) I just contacted Consumers Energy and it is in Jon's name as we had switched it temporarily so please contact consumers at 800-477-5050 and switch it in either yours or Robins name through the duration of the lease the end of April.
If there are any questions feel free to let me know.
In that email please refer to #2, I transfered service that day to my name and the next billing cycle it was mailed to my parent's address as there is no mailbox on the premises and it does state duration of lease therefore I had no idea about back electric bills that were not paid.
Now they are coming back and stating that we owe 400 dollars to a collection company for electric bills and they will end up keeping our security deposit. After such a run around do you believe that there is anything that we can do legally? The township and city have no renting regulations as well. They have in our lease a place livable for 4 individuals and it cannot be to code for people to live there!!!
They never redrew a lease up when the mom and child moved out.
Please help!!!
24/03 11:44:01
refadmin wrote:
If you were not aware of the heating situation before you moved in, then the landlords should make an accommodation for you, and it sounds like they did. If you were unsatisfied with that arrangement, then it was your obligation to make that known at the time. It appears then that the heating issue has been resolved.
When the terms of the lease were changed, a new lease was created although not in writing. Under the Statute of Frauds, leases for less than one year do not need to be in writing. The terms of the old lease would not necessarily be carried over into the new lease.
With regard to the utilities, the question is whose obligation was it to pay those bills. The lease obligates you to pay them but that lease has been changed. It boils down to what was the agreement with regard to the utilities. When the landlord put the utilities in his name, did you understand that he was going to pay them and you would not be obligated to reimburse him? Did he present you with any bills during the time they were in his name?
If you had the understanding that you were obligated to pay the utilities through your occupancy though they would not be billed in your name, (the fact that the utilities were put in another's name is not determinative of the obligation to pay) then you should be required to pay them. If your landlord should have presented you with the bills but did not and the matter went to a collection agency, then you should receive some compensation for the damage to your credit rating.
The courts considers what is reasonable when the terms of the agreement are uncertain or vague. Using your logic what do you think is reasonable? The courts do not like to see anyone get a windfall.
When the terms of the lease were changed, a new lease was created although not in writing. Under the Statute of Frauds, leases for less than one year do not need to be in writing. The terms of the old lease would not necessarily be carried over into the new lease.
With regard to the utilities, the question is whose obligation was it to pay those bills. The lease obligates you to pay them but that lease has been changed. It boils down to what was the agreement with regard to the utilities. When the landlord put the utilities in his name, did you understand that he was going to pay them and you would not be obligated to reimburse him? Did he present you with any bills during the time they were in his name?
If you had the understanding that you were obligated to pay the utilities through your occupancy though they would not be billed in your name, (the fact that the utilities were put in another's name is not determinative of the obligation to pay) then you should be required to pay them. If your landlord should have presented you with the bills but did not and the matter went to a collection agency, then you should receive some compensation for the damage to your credit rating.
The courts considers what is reasonable when the terms of the agreement are uncertain or vague. Using your logic what do you think is reasonable? The courts do not like to see anyone get a windfall.
24/03 12:35:46
Jayme wrote:
Well I guess with the heating situation I was looking for more of a reason like unsuitable house for what it was rented for, just for something to fall back on. The lease states utilities and that is all. We take care of heat. Our water got shut off and that was when we didn't even know there was a water bill! Then we called the landlord and they said that they pay that...there is nothing that states we pay the electric in general and he didn't say anything about reimbursing during that time. They said they did not get bills so they didn't give us bills. I think that this is damaging his credit rating as the electric was in his name at that point.
24/03 15:02:04
refadmin wrote:
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 fact that the upstairs did not have heat, is a breach of this obligation. However, it appears that you worked that breach out by negotiating a reduced rent. Presumably that area is not being used for living. You could argue that it is still not fit for the use intended, to wit, to occupy at all.
It sounds like you did not come to an understanding with regard to the utilities. In that case, the court would determine what is reasonable. If your landlord led you to believe that you were not responsible for the water and yet is attempting to recover this charge from you, then you can dispute this. Make sure that you notify the landlord of your dispute in a timely manner. Do it in writing in a certified letter.
There are specific timelines/deadlines within which you and your landlord must communicate regarding the security deposit. Make sure that these are followed. The landlord's failure to do so can amount to a waiver of all damages.
Take a look at my blog article regarding getting your security deposit back from your landlord.
Arguably, the fact that the upstairs did not have heat, is a breach of this obligation. However, it appears that you worked that breach out by negotiating a reduced rent. Presumably that area is not being used for living. You could argue that it is still not fit for the use intended, to wit, to occupy at all.
It sounds like you did not come to an understanding with regard to the utilities. In that case, the court would determine what is reasonable. If your landlord led you to believe that you were not responsible for the water and yet is attempting to recover this charge from you, then you can dispute this. Make sure that you notify the landlord of your dispute in a timely manner. Do it in writing in a certified letter.
There are specific timelines/deadlines within which you and your landlord must communicate regarding the security deposit. Make sure that these are followed. The landlord's failure to do so can amount to a waiver of all damages.
Take a look at my blog article regarding getting your security deposit back from your landlord.
24/03 18:32:37
Lisa Coleman wrote:
My niece rented an apartment in Warren MI about 6 months ago. My sister had to co-sign for her because my niece is recently out of school with very little credit history. The Landlord said that they would just put my Sister's name as the Tenant, rather than preparing the co-signer documents. My niece is the only person who lives in the apartment, a fact about which the Landlord was fully aware. Recently, the manager of the apartment complex told my sister that the lease was illegal because in Michigan the person named on the lease as the tenant must occupy the premises, so they have to do all new paperwork. They have had other managment issues with the complex and would rather just get out of the lease. If the parties to the lease are not appropriate and against Michigan law, is the lease illegal and therefore void?
25/03 18:26:14
refadmin wrote:
The contract is fraudulent, against public policy and void, without any legal effect. It does not bind your niece or your sister. Essentially there is only a month-to-month lease with your niece and the apartment owner.
25/03 22:36:10
Liz Archer wrote:
I have not signed a lease yet, but I have filled out an application and paid a $250 administration fee. I do not wish to live there any longer. Is there anything I can do to get my money back?
26/03 01:14:07
refadmin wrote:
You can get the money back if it the agreement you entered did not provide for a non-refundable administration fee. The agreement to provide the $250.00 as consideration was part of a contract, the terms of which are understood by the parties.
Ask for the money back. To preserve proofs, you should make the request in writing. However, when negotiating, it is sometimes more effective to communicate in person either by telephone or face-to-face, and then follow-up by confirming the conversation in writing. If the money will not be returned, make sure you document the reason why.
Ask for the money back. To preserve proofs, you should make the request in writing. However, when negotiating, it is sometimes more effective to communicate in person either by telephone or face-to-face, and then follow-up by confirming the conversation in writing. If the money will not be returned, make sure you document the reason why.
26/03 03:45:32
Tonya wrote:
I moved out and turned in the keys the first week of February but still honored my lease until the end of March when it ended. When I asked about my security deposit the landlord indicated in a letter that I shouldn't expect to get any of it back due to damage. It was a vague letter and contained no breakdown. He said it would be reviewed at the end of March. I don't believe he is being honest about the damages and some water damage occurred after I turned in the keys which he stated in the letter.
He is in violation with the city since you had no permit to rent so therefore is renting illegally.
My questions are:
1. Does the fact that he's non-compliant before and when my lease ended void the lease and any right to my security deposit?
2. Am I responsible for damages after I moved out and turned in my keys even though my lease wasn't up?
3. Does the landlord have 30 days from the date the keys are turned in or 30 from the end of the lease to provide a breakdown of damages?
He is in violation with the city since you had no permit to rent so therefore is renting illegally.
My questions are:
1. Does the fact that he's non-compliant before and when my lease ended void the lease and any right to my security deposit?
2. Am I responsible for damages after I moved out and turned in my keys even though my lease wasn't up?
3. Does the landlord have 30 days from the date the keys are turned in or 30 from the end of the lease to provide a breakdown of damages?
03/04 11:44:34
Cat wrote:
My daughter signed a one-year lease in January. She has been offered a job in Lansing and will be moving. The owner of the apt. is in the process of selling the property. My sons have offered to take over my daughter's lease for the duration, but the owner is saying that if she moves she has to pay the lease till the end. He says the lease goes with the property when he sells. How can that be? The house didn't sign the lease and there is no lease with the person buyng the house.
03/04 17:57:23
refadmin wrote:
Dear Cat:
When a tenant terminates her lease early, she is liable for the tenant's damages caused by the early termination. She is only liable for the remainder of the lease if the landlord cannot find another tenant to take her place. The landlord must make a good faith effort to find the other tenant and would, if before the court, have to prove the effort. Therefore, if your daughter has offered tenants to take her place, then the landlord, if they would otherwise be acceptable as tenants, must allow them to rent. If the landlord does not allow this, then he has failed to mitigate his damages.
When the landlord states that the lease goes with the property, he may mean that he sold the property with the lease in mind. The buyer was likely interested in part because the property was leased. Undoubtedly the buyer would not care whether it was your daughter or another who was the tenant.
When a tenant terminates her lease early, she is liable for the tenant's damages caused by the early termination. She is only liable for the remainder of the lease if the landlord cannot find another tenant to take her place. The landlord must make a good faith effort to find the other tenant and would, if before the court, have to prove the effort. Therefore, if your daughter has offered tenants to take her place, then the landlord, if they would otherwise be acceptable as tenants, must allow them to rent. If the landlord does not allow this, then he has failed to mitigate his damages.
When the landlord states that the lease goes with the property, he may mean that he sold the property with the lease in mind. The buyer was likely interested in part because the property was leased. Undoubtedly the buyer would not care whether it was your daughter or another who was the tenant.
03/04 21:26:45
refadmin wrote:
Dear Tonya:
The fact that he does not have a license to lease does not void your contract or affect your security deposit. If you would have been put out of the unit because of the failure, then you would have a cause.
If you terminate your lease early, you are responsible for the landlord's damages caused by your early termination. You are not responsible for any physical damage to the property caused after your lease was terminated.
As to the timeline of the security deposit refund, it is not so simple. Read my blog article on How to Get Your Security Deposit Back. The landlord is not permitted by law to be so vague. In fact, he has to itemize his damages and he has to do it within 30 days of his notification that you have moved out and provided a forwarding address. He also has to rely on his inventory list in order to prove his damages. If he has no inventory list, he will have to provide rather conclusive proof that you caused the damage alleged.
The fact that he does not have a license to lease does not void your contract or affect your security deposit. If you would have been put out of the unit because of the failure, then you would have a cause.
If you terminate your lease early, you are responsible for the landlord's damages caused by your early termination. You are not responsible for any physical damage to the property caused after your lease was terminated.
As to the timeline of the security deposit refund, it is not so simple. Read my blog article on How to Get Your Security Deposit Back. The landlord is not permitted by law to be so vague. In fact, he has to itemize his damages and he has to do it within 30 days of his notification that you have moved out and provided a forwarding address. He also has to rely on his inventory list in order to prove his damages. If he has no inventory list, he will have to provide rather conclusive proof that you caused the damage alleged.
03/04 21:36:43
deb wrote:
My daughter and a friend leased a 2br apartment (in GR MI)for a one year term in 12/07. They are having personal issues and no longer wish to live together. My daughter discussed with the management regarding moving into a one bedroom apartment and they are requiring both of the girls to move into one bedroom apartments (or one into a 1br and the other keep the 2br-meaning that they will be renting 2 apartments insteaed of just 1) AND renew both their leases for a period of one year. Are they allowed to make them renew the lease? Her preference would be to just move out and into another complex but understands that she signed a one year lease...but this will actually make her committed to live there for 18 months.
08/04 07:12:37
Ramona wrote:
I recently purchased a home and need to terminate my 13 month lease 3 months early. I sent a notice 60 days in advance of my move out date and agreed to pay the early termination fee. Now they tell me I have to also pay the rental concessions because of my default for the 10 months I lived there. But in the lease it has to separate clauses on default and early termination. Do I have to pay the default penalties if there is a distinction between default and early termination in the agreement. I followed all of the early termination procedures.
08/04 12:01:18
refadmin wrote:
Dear Deb:
The landowner / landlord can renegotiate whatever terms he wishes as long as they are in compliance with the law. There is nothing illegal about negotiating the terms which you indicate.
If your daughter wants out of the lease, she can terminate early and pay damages depending on the lease provisions and the landlord's obligation to mitigate his damages by re-renting. It is likely that a court would find the landlord's offer to be reasonable and even beyond his obligation.
The landowner / landlord can renegotiate whatever terms he wishes as long as they are in compliance with the law. There is nothing illegal about negotiating the terms which you indicate.
If your daughter wants out of the lease, she can terminate early and pay damages depending on the lease provisions and the landlord's obligation to mitigate his damages by re-renting. It is likely that a court would find the landlord's offer to be reasonable and even beyond his obligation.
08/04 13:24:50
refadmin wrote:
Dear Ramona:
Without seeing your lease, I cannot offer more information other than to say that the landlord will not be allowed to double-dip and yet an early termination fee does not necessarily equate to damages in the event of default.
Without seeing your lease, I cannot offer more information other than to say that the landlord will not be allowed to double-dip and yet an early termination fee does not necessarily equate to damages in the event of default.
08/04 13:27:41
Muir wrote:
I have been informally legally advised that to terminate a month-to-month lease in Michigan, one must give 30 days notice, and that demands to give 30 days notice from the first of the month and pay all of the rent for the subsequent month (instead of prorating) OR forfeit the security deposit will not stand up in court.
I found a page at MichiganLegalAid.org that also says the notice of termination of a month-to-month lease can be given at any time in the month, unless the lease specifically states that it must be given on the first or last of the month. This is not the case in my lease.
However, I have also found other pages that say a landlord cannot notify a person that they have to move out within 30 days if they do not inform the person by the first of the month. If that stipulation applies to landlords, would it not also apply to tenants? Finally, is there a specific law regarding the pertinent information (such as with security deposits), or is it simply case law?
I appreciate any advice that you could give in this matter. Thank you for your time.
I found a page at MichiganLegalAid.org that also says the notice of termination of a month-to-month lease can be given at any time in the month, unless the lease specifically states that it must be given on the first or last of the month. This is not the case in my lease.
However, I have also found other pages that say a landlord cannot notify a person that they have to move out within 30 days if they do not inform the person by the first of the month. If that stipulation applies to landlords, would it not also apply to tenants? Finally, is there a specific law regarding the pertinent information (such as with security deposits), or is it simply case law?
I appreciate any advice that you could give in this matter. Thank you for your time.
10/04 08:24:54
refadmin wrote:
Statutory law in Michigan addresses year-to-year periodic tenancies only, requiring one-year notice to terminate year to year tenancy. Common law defines month-to-month tenancies and requires notice equal to the interval of payment. Notice is not void because it gives a termination date other than the date of the start or end of rental period. Notice terminates the tenancy at end of a period equal to the interval of payment.
10/04 14:09:49
Jason W wrote:
Is legal for the property management company of my apartment complex to send me a bill from them for water. There are no water meters on or around the building. I have no clue as to how they come up with the amount. When we first moved in, we had major leaks and the bill is still about the same even after they were fixed. The leaks lasted almost a month and there had to be a lot more water used that month than there has been after.
15/04 13:59:16
refadmin wrote:
Dear Jason, it is only legal for them to bill you for water if that is what was agreed upon in your lease. Certainly you can dispute the bill and ask for an explanation in writing of how the bill is calculated.
15/04 21:59:39
Jennifer wrote:
Me and my fiance signed a 12-month lease of an apartment in January 2008. We now have plans to move out of state at the end of October. Our lease agreement states that we forfeit our security deposit and pay 1 1/2 months rent in the event of early termination. Wouldn't giving a 5-month notice be plenty of time for the landlord to get a new tenant and be aware of our move so that we do not have to pay or lose our security deposit? This complex DOES have 6-month leases, but unfortunately we did sign a 12-month lease. When I was single, and lived in a subsidized apt, I broke my lease to move out of state, and the landlord I had there told me that was a legal reason to break a lease, and I got every penny back. Is moving out of state, with proof of a new address in that state, a legal way to break a lease without losing out of your pocket?
25/04 23:27:37
refadmin wrote:
Dear Jennifer:
Michigan law MCL 554.134 provides that if the rent reserved in a lease is payable at periods of less than 3 months, the time of notice is sufficient if it is equal to the interval between the times of payment. Notice is not void because it states a day for the termination of the tenancy that does not correspond to the conclusion or commencement of a rental period. The notice terminates the tenancy at the end of a period equal in length to the interval between times of payment.
You must abide by your promises in the lease and by the law. Therefore, you must pay rent for 12 months and provide one month notice. The landlord has the duty to mitigate his damages.
The fact that the landlord may take the security deposit plus one and 1/2 months rent to receive a windfall would be frowned upon in a court of law. Therefore, I suggest that you send a certified letter to the landlord indicating your position and your intent to dispute the damages if he does attempt to collect a windfall.
Make sure you provide notice of your forwarding address within 4 days of vacating the unit. Furthermore, when you get your notice of damages to be taken from the security deposit, make sure you provide your written objection to them in a timely manner.
I am not aware of a law providing for an exception related to a job transfer. I do not believe there is one. I did find, MCL 554.601a which sets forth conditions for termination of the lease, however a job transfer is not one of them and this statute is the place in which I would expect to find such an exception. MCL 554.601a provides that:
(1) A rental agreement shall provide that a tenant who has occupied a rental unit for more than 13 months may terminate a lease by a 60-day written notice to the landlord if 1 of the following occurs:
(a) The tenant becomes eligible during the lease term to take possession of a subsidized rental unit in senior citizen housing and provides the landlord with written proof of that eligibility.
(b) The tenant becomes incapable during the lease term of living independently, as certified by a physician in a notarized statement.
(2) This section applies only to leases entered into, renewed, or renegotiated after the effective date of this section, in accordance with the constitutional prohibition against impairment of contracts provided by section 10 of article I of the state constitution of 1963.
There is no harm in putting your request in writing to the landlord however. Furthermore, your logic and arguments make sense and are persuasive. These are arguments an attorney would make on your behalf in arguing why the landlord has no right to your security deposit. A certified letter with these arguments will do you well to provide the history to the court should the need to defend or prosecute on the security deposit arise.
Michigan law MCL 554.134 provides that if the rent reserved in a lease is payable at periods of less than 3 months, the time of notice is sufficient if it is equal to the interval between the times of payment. Notice is not void because it states a day for the termination of the tenancy that does not correspond to the conclusion or commencement of a rental period. The notice terminates the tenancy at the end of a period equal in length to the interval between times of payment.
You must abide by your promises in the lease and by the law. Therefore, you must pay rent for 12 months and provide one month notice. The landlord has the duty to mitigate his damages.
The fact that the landlord may take the security deposit plus one and 1/2 months rent to receive a windfall would be frowned upon in a court of law. Therefore, I suggest that you send a certified letter to the landlord indicating your position and your intent to dispute the damages if he does attempt to collect a windfall.
Make sure you provide notice of your forwarding address within 4 days of vacating the unit. Furthermore, when you get your notice of damages to be taken from the security deposit, make sure you provide your written objection to them in a timely manner.
I am not aware of a law providing for an exception related to a job transfer. I do not believe there is one. I did find, MCL 554.601a which sets forth conditions for termination of the lease, however a job transfer is not one of them and this statute is the place in which I would expect to find such an exception. MCL 554.601a provides that:
(1) A rental agreement shall provide that a tenant who has occupied a rental unit for more than 13 months may terminate a lease by a 60-day written notice to the landlord if 1 of the following occurs:
(a) The tenant becomes eligible during the lease term to take possession of a subsidized rental unit in senior citizen housing and provides the landlord with written proof of that eligibility.
(b) The tenant becomes incapable during the lease term of living independently, as certified by a physician in a notarized statement.
(2) This section applies only to leases entered into, renewed, or renegotiated after the effective date of this section, in accordance with the constitutional prohibition against impairment of contracts provided by section 10 of article I of the state constitution of 1963.
There is no harm in putting your request in writing to the landlord however. Furthermore, your logic and arguments make sense and are persuasive. These are arguments an attorney would make on your behalf in arguing why the landlord has no right to your security deposit. A certified letter with these arguments will do you well to provide the history to the court should the need to defend or prosecute on the security deposit arise.
28/04 15:54:43
Frustrated Shopper wrote:
I have been looking at apartments to rent in the April 2008. During visits to inspect several apartment complexes, I have asked the apartment manager/representative to provide a copy of the lease so I could review the terms. Three out of the five mger/reps told me they would not provide a lease copy because it was there policy. One mgr/rep said they would have to check and get back with me and one provided a lease but it seemed she had to think about it first. All of these apartments that I have viewed were in Canton, MI. My questions are:
1. Is refusing to provide a copy of the lease when I am in the "shopping" stage a violation of any MI laws?
2. Is it a violation of any MI laws to ask for my Driver's license to hold temporarily while I am touring their apartment model?
I want to be an informed customer, protect myself from signing contracts, and I don't wish to provide my personal information in such a unsecure manner; yet it seems this is common practice. What suggestions might you have?
1. Is refusing to provide a copy of the lease when I am in the "shopping" stage a violation of any MI laws?
2. Is it a violation of any MI laws to ask for my Driver's license to hold temporarily while I am touring their apartment model?
I want to be an informed customer, protect myself from signing contracts, and I don't wish to provide my personal information in such a unsecure manner; yet it seems this is common practice. What suggestions might you have?
03/05 00:36:52
Nic wrote:
Hi I Recently moved here. I am renting and have been for 3 months, the house is 500 a month and is a verbal agreement . when asked if theres anything wrong with the house before moving the answer was no. Three months later we find out that basements are not supposed to have mold as great as what we have, not told of the mold and all the problems of health issues of my family; asthma, severe weak immune systems, baby under 1 year old. We are currently having problems health wise that cannot be ignored. My problem is were poor right now and since the landlord gave no written lease can she throw us out and can we sue? Please Help I dont know what to do.
04/05 19:17:49
Phil wrote:
Hi, I have a Lease in Michigan which was for 6 months, and expires on 5/31/08. I turned in a hand written notice of intent to vacate at the end of May on 5/1/08. The complex stated I must give them a 60 day written notice not 30 day, so I must pay for an additional month. My lease states a 60 day notice is required but there isn't a penalty attached to that statement, rather the penalty is attached to a statement about my not being out of the apartment on 5/31/08 I incur double penalties or 2 months rent. So in Michigan is 30 days sufficient since the lease is at an end or am I stuck for another 30 days rent even though the apartment will be vacant?
Thank you in advance for your insight.
Thank you in advance for your insight.
06/05 17:55:16
refadmin wrote:
Dear Frustrated Shopper:
It is not a violation of Michigan Law to not provide you with a copy of the lease, nor is it a violation to hold your driver's license. However, I would question any landlord who has such policies. Certainly any person considering entering into a contract should be given the opportunity to have their attorney review the contract on their behalf. This conduct represents a lack of candor that should make any consumer wary.
I suggest sitting down with the landlord to negotiate the terms of the contract and when the time comes to execute the contract, take it in hand and let the landlord know that you will return it signed once your attorney has an opportunity for review. If the landlord does not allow this, then tell him/her that you will be reporting their conduct to the Attorney General's office.
Furthermore, Michigan law does provide in MCL 554.634, that a rental agreement shall state in a prominent place in type not smaller than the size of 12-point type, or in legible print with letters not smaller than 1/8 inch, a notice in substantially the following form:
“NOTICE: Michigan law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person.”
You should look for this provision in the lease and point to it when speaking with the landlord in support of your desire to have an attorney look at the contract. However, again, if you have to take this position with the landlord, this is a red flag that future negotiations with the landlord are ominous.
It is not a violation of Michigan Law to not provide you with a copy of the lease, nor is it a violation to hold your driver's license. However, I would question any landlord who has such policies. Certainly any person considering entering into a contract should be given the opportunity to have their attorney review the contract on their behalf. This conduct represents a lack of candor that should make any consumer wary.
I suggest sitting down with the landlord to negotiate the terms of the contract and when the time comes to execute the contract, take it in hand and let the landlord know that you will return it signed once your attorney has an opportunity for review. If the landlord does not allow this, then tell him/her that you will be reporting their conduct to the Attorney General's office.
Furthermore, Michigan law does provide in MCL 554.634, that a rental agreement shall state in a prominent place in type not smaller than the size of 12-point type, or in legible print with letters not smaller than 1/8 inch, a notice in substantially the following form:
“NOTICE: Michigan law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person.”
You should look for this provision in the lease and point to it when speaking with the landlord in support of your desire to have an attorney look at the contract. However, again, if you have to take this position with the landlord, this is a red flag that future negotiations with the landlord are ominous.
07/05 02:30:56
refadmin wrote:
Dear Nic:
Your landlord cannot just throw you out. You have a lease though not written, the terms of which required a 30 day notice for eviction unless you fail to pay your rent and then Michigan law provides for a shortened notice period of 7 days. Furthermore, you can make arguments to get out of your lease including that you were induced to enter the contract by fraud in that the landlord failed to notify you of the mold. Consider notifying your landlord in writing that if the mold is not immediately remediated, you will be forced to vacate the premises. If you are forced to vacate, and the landlord sues you for early termination, you will have laid a foundation for your defense.
In order to prevail in a lawsuit, you would have to prove your landlord's fraud and would have to connect the fraud to your damages. If you want also to sue for injury from the mold, you would have to prove that the mold caused the injury.
Your landlord cannot just throw you out. You have a lease though not written, the terms of which required a 30 day notice for eviction unless you fail to pay your rent and then Michigan law provides for a shortened notice period of 7 days. Furthermore, you can make arguments to get out of your lease including that you were induced to enter the contract by fraud in that the landlord failed to notify you of the mold. Consider notifying your landlord in writing that if the mold is not immediately remediated, you will be forced to vacate the premises. If you are forced to vacate, and the landlord sues you for early termination, you will have laid a foundation for your defense.
In order to prevail in a lawsuit, you would have to prove your landlord's fraud and would have to connect the fraud to your damages. If you want also to sue for injury from the mold, you would have to prove that the mold caused the injury.
07/05 02:40:03
refadmin wrote:
Dear Phil:
You and your landlord are allowed to contract for longer periods than the law provides. Therefore, if you knowingly and willingly entered the contract for 60 days notice to vacate, than that is a binding term. However, if the contract is ambiguous, than any ambiguities would be resolved in your favor. Also, your landlord is required to comply with the notices of damages and other requirements, so make sure that you check all applicable time periods. (Your landlord has only 45 days within which to sue you for any damages and thereafter is prevented.)
I suggest putting your concerns / arguments in writing and going from there.
You and your landlord are allowed to contract for longer periods than the law provides. Therefore, if you knowingly and willingly entered the contract for 60 days notice to vacate, than that is a binding term. However, if the contract is ambiguous, than any ambiguities would be resolved in your favor. Also, your landlord is required to comply with the notices of damages and other requirements, so make sure that you check all applicable time periods. (Your landlord has only 45 days within which to sue you for any damages and thereafter is prevented.)
I suggest putting your concerns / arguments in writing and going from there.
07/05 03:09:20
al wrote:
Hello.
I have a question about late fees. I live in Detroit MI, and in my lease it says that if rent is paid after the 5th of each month, a $50 late fee will be charged, plus an additional $5 per day. Various sources say this is illegal because it is considered 'excessive'; however, my landlord says it is legal because it was in the lease.
Interestingly, previous property managers did not enforce this $5 per day fee, but the new manager insists upon it. The fee will be applied if even $5 or $10 is still owed and these fees will be charged even for weekends and holidays when the office is closed. Is this acceptable?
I have a question about late fees. I live in Detroit MI, and in my lease it says that if rent is paid after the 5th of each month, a $50 late fee will be charged, plus an additional $5 per day. Various sources say this is illegal because it is considered 'excessive'; however, my landlord says it is legal because it was in the lease.
Interestingly, previous property managers did not enforce this $5 per day fee, but the new manager insists upon it. The fee will be applied if even $5 or $10 is still owed and these fees will be charged even for weekends and holidays when the office is closed. Is this acceptable?
13/05 16:29:07
refadmin wrote:
As to the late fees, the argument could be made that they are excessive. However, this is just an argument and it will not prevent the landlord from attempting to collect on the fees. You could withhold payment of the fees however, your landlord could evict you for nonpayment of rent / breach of lease agreement; and furthermore, sue you in court for the fees and any costs incurred.
Ultimately if you cannot come to a settlement on the fees, you must take the matter to court if you still feel that they are excessive. You may be hard pressed to prevail in your arguments however, because you had an opportunity to negotiate the fees and indeed signed the lease agreement.
Your arguments are stronger with regard to the calculation of the fees applicable to weekends / holidays. Ambiguities in the lease agreement will be construed in favor of the lessee (you) and therefore, if the lease is ambiguous on the calculation / application of the fees to weekends and holidays, then the language will be construed in your favor.
Bottom line: There is no bright line on this - just arguments either way.
Ultimately if you cannot come to a settlement on the fees, you must take the matter to court if you still feel that they are excessive. You may be hard pressed to prevail in your arguments however, because you had an opportunity to negotiate the fees and indeed signed the lease agreement.
Your arguments are stronger with regard to the calculation of the fees applicable to weekends / holidays. Ambiguities in the lease agreement will be construed in favor of the lessee (you) and therefore, if the lease is ambiguous on the calculation / application of the fees to weekends and holidays, then the language will be construed in your favor.
Bottom line: There is no bright line on this - just arguments either way.
13/05 20:28:42
Matt wrote:
My Dad recently passed away... he signed a one-year lease on May 1st and passed away May 10th. He is the only one listed as a "resident" on the lease and my mother is listed as an occupant. All terms of the lease state that the "resident" is responsible for the terms and there is no provision in the lease regarding death of the resident. Furthermore, my dad who passed away is the only one who signed the lease. Can the apartment complex hold my mother to the terms of the lease including the early termination penalties?
16/05 00:11:58
Lorenzo wrote:
Help! I would like to terminate my lease because of a change in job situation, but I still have six more months to go. The lease requires 60 days advance notice for termination and imposes an "abandonment fee" equal to the cost of 3 months rent!!! Is this legal in Michigan? Basically the landlord is requiring that I pay 5 months of the 6 to leave early. Does Michigan endorse such a penalty in favor of a landlord for common life situation changes?
20/05 13:58:41
refadmin wrote:
Dear Matt:
Unfortunately, your father entered a binding legal contract. His death does not cancel the contract. Your mother as an occupant does have rights as a tenant with a month-to-month lease. Since your father's estate can be held responsible for the some or all of the contract, your mother should stick it out there until the lease runs out.
Unfortunately, your father entered a binding legal contract. His death does not cancel the contract. Your mother as an occupant does have rights as a tenant with a month-to-month lease. Since your father's estate can be held responsible for the some or all of the contract, your mother should stick it out there until the lease runs out.
24/05 22:30:35
refadmin wrote:
Dear Lorenzo:
Michigan courts would likely admonish such provisions which would be considered unfair or unconscionable. Your argument would be that under the law, the landlord is required to mitigate damages by finding another tenant to replace you. In this market, it is not difficult to find such a tenant because families ousted out of their homes are taking up residency as tenants. The landlord's provision effectively negates his legal requirement to mitigate damages.
When considering your actions question what your peers would say because if the case went in front of a jury, it would be a jury of your "peers". This would be a tough sell for the landlord.
Furthermore, the landlord has strict deadlines and requirements with regard to evicting a tenant and collecting damages. You will want to watch out for landlord mistakes which can lead to a landlord's avoidance of all damages collectible from you had timelines and other requirements been met.
Michigan courts would likely admonish such provisions which would be considered unfair or unconscionable. Your argument would be that under the law, the landlord is required to mitigate damages by finding another tenant to replace you. In this market, it is not difficult to find such a tenant because families ousted out of their homes are taking up residency as tenants. The landlord's provision effectively negates his legal requirement to mitigate damages.
When considering your actions question what your peers would say because if the case went in front of a jury, it would be a jury of your "peers". This would be a tough sell for the landlord.
Furthermore, the landlord has strict deadlines and requirements with regard to evicting a tenant and collecting damages. You will want to watch out for landlord mistakes which can lead to a landlord's avoidance of all damages collectible from you had timelines and other requirements been met.
24/05 22:37:09
Enny wrote:
MY DAUGHTER CO-SIGNED MY APT LEASE FOR THE FIRST YEAR ONLY. I SIGNED THE SECOND AND THIRD YEAR ONLY. MY SIGNATURE IS ON THE SECOND AND THIRD YEAR LEASE. IF I BREAK THE LEASE FOR MEDICAL REASONS, CAN MY DAUGHTER BE HELD RESPONSIBLE? IF NOT, CAN YOU LET ME KNOW PLEASE. THANK YOU.
28/05 19:53:42
refadmin wrote:
Dear Enny:
Your daughter is not responsible for the lease she did not sign. She appears to be a month-to-month tenant and would not under those circumstances be responsible for the yearly lease. You should also have an "out" so to speak on your lease for the medial reasons if you are required to move for medical reasons.
Your daughter is not responsible for the lease she did not sign. She appears to be a month-to-month tenant and would not under those circumstances be responsible for the yearly lease. You should also have an "out" so to speak on your lease for the medial reasons if you are required to move for medical reasons.
28/05 21:03:30
Holly wrote:
I have signed a year lease for an apartment with two other roomates. The lease does not start for another 35 days and I have stopped in to see if there was something I could do to terminate the lease because I will be moving to a different city for employment reasons. The lease does not have an early termination agreement except for military. They will not budge AT ALL and claim that even if I have not moved in yet; will not be living there; and would be willing to pay a months rent, that I HAVE to pay for all 12 months regardless. They also claimed that because I signed the lease, it took up a spot that they could have given to someone else which is not true because my 2 roomates will still be living there and that is only occupying one apartment still. Please offer any advice.
08/07 11:08:00
refadmin wrote:
Dear Holly:
In such circumstances, a landlord would not necessarily be entitled to 12 months because he has a duty to mitigate his damages by finding a substitute tenant. I assume your roommates will be responsible for the rent. Under such circumstances, a landlord would have trouble proving his damages.
Put your concerns in writing and notify the landlord of your moving address.
In such circumstances, a landlord would not necessarily be entitled to 12 months because he has a duty to mitigate his damages by finding a substitute tenant. I assume your roommates will be responsible for the rent. Under such circumstances, a landlord would have trouble proving his damages.
Put your concerns in writing and notify the landlord of your moving address.
08/07 14:20:10
Rhy wrote:
We moved into our current place on the weekend. A professional cleaner was supposed to clean the premises which didn't happen, and this along with other concerns were brought up before moving in. We had no choice but to move in and now that we are in the property, we have found alot more that's of concern. We signed a month-month lease for a period of nine months. We would like to get out of this contract? what are the options?
09/07 08:35:08
refadmin wrote:
Dear Rhy:
The concerns must be substantive enough to amount to a breach of the lease agreement and/or the landlord's obligation to keep the premises in reasonable repair and fit for their intended use.
You must lay a foundation through written correspondence and documentary evidence. Write a certified letter to your landlord expressing your concerns. Take photographs for your records.
The concerns must be substantive enough to amount to a breach of the lease agreement and/or the landlord's obligation to keep the premises in reasonable repair and fit for their intended use.
You must lay a foundation through written correspondence and documentary evidence. Write a certified letter to your landlord expressing your concerns. Take photographs for your records.
09/07 13:24:14
BrandonK. wrote:
Hello,
I'm moving to MI and am just about to sign a lease as a roomate to my firend (who has already signed), she just got her first bill and they're charging first months rent in its entirety, even though they won't allow us to move in until the 22nd. I read the references you had in the article, but could find no mention of any laws about pro-rating. I don't know the specific terms of the lease since I don't have a copy yet, but I was wondering if there's was anything in the laws that prohibited a landlord from charging an entire months rent but preventing you from occupying the premises for that whole month?
Thank you
I'm moving to MI and am just about to sign a lease as a roomate to my firend (who has already signed), she just got her first bill and they're charging first months rent in its entirety, even though they won't allow us to move in until the 22nd. I read the references you had in the article, but could find no mention of any laws about pro-rating. I don't know the specific terms of the lease since I don't have a copy yet, but I was wondering if there's was anything in the laws that prohibited a landlord from charging an entire months rent but preventing you from occupying the premises for that whole month?
Thank you
21/07 11:46:07
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
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
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
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
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
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
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
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
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
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 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
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
Cam wrote:
I moved into an apartment with a roommate. It turns out that we are much less compatible than we initially thought and the roommate decided to move out. Before telling me this, she talked to the landlords who said she could move out so long as she found someone to take her place who was acceptable to them and myself. After she informed me of this, I decided it would be best if I moved out as well, knowing this would mean we are both responsible for finding people to assume our lease as we are both obligated for the rent. To me this made the most sense because it avoids one person selecting a roommate for the other and emphasizes the terms of the lease that we are "jointly and severally liable." In other words, I want to ensure that if we find one person but not two people to take on the lease, we are obligated to split the remainder of the rent, and neither one of us can get out of this responsibility. When I spoke to the landlords, they indicated that they were willing to allow my roommate to move out pending a replacement but were not amenable to my moving out. Can they stop me from moving out if we find a replacement? Can they release my roommate from her obligation to the lease without releasing me as well? Thank you.
14/08 10:52:06
Lydia wrote:
In Michigan, I paid a $100 security deposity to reserve an apartment. A week later I signed the lease and paid the rest of the month's rent which was $450. I went to the apartment and within several hours decided to move out. Something there was bothering my allergies. I cleaned very good and kept the air on, but I felt worse and worse. Later in the afternoon, I just left. I did not move any of my stuff in or anything. This was Saturday and the office is closed until Monday. I accept that I won't get the deposit or the rent already paid back. This seems reasonable. However, the lease states that the penalty for early termination is two month's rent at the market rate. So, this would be around $1400. Am I stuck paying this? It seems excessive - I was only there about 5 hours and the place is cleaner than it was before I got there. I understand a lease is a binding contract, but...? Is there any way to negotiate this or am I stuck? Thank you.
17/08 15:59:38
refadmin wrote:
Dear Lydia:
The amount you will have to pay will depend on the lease. You entered a binding contract and are planning to breach the contract by moving out without proper notice. A court would likely find that you were obligated to walk through the apartment before you signed the lease. Indeed an inventory checklist is required to be signed. If you were not provided an opportunity to walk through, then you would have a stronger defense to paying according to the lease.
The landlord does have to mitigate his damages. Read the legal requirements set forth in the articles and hold the landlord to his/her obligations.
Consider requesting that the landlord provide you with another apartment.
The amount you will have to pay will depend on the lease. You entered a binding contract and are planning to breach the contract by moving out without proper notice. A court would likely find that you were obligated to walk through the apartment before you signed the lease. Indeed an inventory checklist is required to be signed. If you were not provided an opportunity to walk through, then you would have a stronger defense to paying according to the lease.
The landlord does have to mitigate his damages. Read the legal requirements set forth in the articles and hold the landlord to his/her obligations.
Consider requesting that the landlord provide you with another apartment.
17/08 18:06:43
refadmin wrote:
Dear Sarah:
Your landlord has to follow all laws regarding the security deposit and its use. Refer back to the above article and hold the landlord to the law. Put all requests in writing.
I would not bother with spending the time and effort to get that 12 month of rent back and prove they rented the property. They will undoubtedly challenge you on that issue.
Your landlord has to follow all laws regarding the security deposit and its use. Refer back to the above article and hold the landlord to the law. Put all requests in writing.
I would not bother with spending the time and effort to get that 12 month of rent back and prove they rented the property. They will undoubtedly challenge you on that issue.
18/08 14:31:52
Nanette wrote:
My fiance entered into a lease over a year ago in an apartment complex in Muskegon, Michigan. He requested a non-smoking, no-pet, third floor apartment which he got. Approximately 10 months into his lease, he was notified by the owners that his building was being turned into a "pet friendly" unit. When the switch was made, the noise and the stench, not to mention the "messes" on the lawn became more than he could tolerate at times, and when he complained he was met with the comment that he could "...Move to another apartment" within the complex, which he refused to do due to the cost we would incure having to hire movers. approximately 3 weeks later his lease was up and he resigned for another year because the cost of renting month to month was far greater than what he was paying. We had hoped he would adjust to the noise and smell, long enough to take us up to the time he would be able to move in with me. We wound up rushing that date because of the noise at his complex (no sleeping with dogs barking all day and night). He notified the office of his move, cleaned the apartment, returned the keys, and told them how disapointed he was in the way they chose to conduct business - that was 45 days ago. Yesterday, we received a notice stating that until the apartment is rented, he is still bound to the additional years lease he re-signed, which he regrets.
My question is simple, do we have a legal leg to stand on if we refuse to comply with the remainder of the lease agreement? We both feel that the complex was wrong in changing the status of the building on him, refusing to pay his moving fees, and not giving him ample time to procure other living arrangements. Granted, he was offered the chance to rent one month at a time, but he couldn't afford it.
My question is simple, do we have a legal leg to stand on if we refuse to comply with the remainder of the lease agreement? We both feel that the complex was wrong in changing the status of the building on him, refusing to pay his moving fees, and not giving him ample time to procure other living arrangements. Granted, he was offered the chance to rent one month at a time, but he couldn't afford it.
22/08 11:14:18
refadmin wrote:
Dear Nanette:
Since your fiance re-signed knowing that the apartment complex was now "pet friendly", your legal position is weak. Essentially he came to the nuisance.
It was arguably a breach to change the status of the building, but he lost that argument when he re-signed the lease evidencing his agreement to the new terms. He could have also moved to the new unit and sued for his moving fees, but again, that argument was lost when he re-signed the lease knowing that it would be pet friendly.
Make sure the landlord mitigates their damages and follows all rules with regard to the security deposit.
Since your fiance re-signed knowing that the apartment complex was now "pet friendly", your legal position is weak. Essentially he came to the nuisance.
It was arguably a breach to change the status of the building, but he lost that argument when he re-signed the lease evidencing his agreement to the new terms. He could have also moved to the new unit and sued for his moving fees, but again, that argument was lost when he re-signed the lease knowing that it would be pet friendly.
Make sure the landlord mitigates their damages and follows all rules with regard to the security deposit.
22/08 15:54:43
KHickey wrote:
A family member entered into a lease for an apartment with a friend who has lost his job and is making no effort to pay rent, or get another job. In fact, the person has been discovered to be using drugs. My family member wants this roommate to move out and keep the apartment herself. She has been paying the rent by herself in a timely fashion, but it was the roommates credit rating that got them into the apartment in the first place. Does she have any right to get the roommate evicted, and if so, does the landlord do that or does she have to do it? Will she have to sign a new lease?
26/08 16:59:25
refadmin wrote:
Dear KHickey:
If the family member and friend both signed the lease, they are both obligated on the lease. It would be up to the landlord to evict the co-tenant. The family member should meet with the landlord to discuss the matter. The law provides for an expedited eviction procedure, under certain circumstances in which drugs are involved.
If the family member and friend both signed the lease, they are both obligated on the lease. It would be up to the landlord to evict the co-tenant. The family member should meet with the landlord to discuss the matter. The law provides for an expedited eviction procedure, under certain circumstances in which drugs are involved.
26/08 17:13:52
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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.