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What are my Rights under Landlord and Tenant Rights in Michigan?
I've been on a month to month lease due to written expired on 7/2012,So i re-negotiated new terms on the lease agreement and rental amount verbally with the Property Manager to begin 9/2012 and end 8/31/2013 I agreed to pay a higher rental amount with the understanding the Landlord or property manager would fix the needed repairs to the home. Now I was just sent a 30 day notice to leave dated for 4/15/2013 due to Lease Termination [EXPIRED} Landlord wanting to recover the Property, But recently just found out that the Landlord is in Pre Forclosure ! I'm still paying my rent and doing all that i agreed to do with the re-negotiations but wondering what are my rights if any? Regarding the Pre Forclosure??? Do i have to move asap? Do i have any rights as a tenant? Do i have to continue to pay rent? Any help is appreciated? Just don't know what to do, and it's just me and my Son. Thank you. We are located in Michigan.
NEVER said i was not paying or intended to stop paying my rent! Basically was curious as to how long i'm able to stay in the home. The date of my proposed moving out was for 4/15/2013. Back in 4/2012 there were negotiations between myself and the Property Manager for my Landlord, as too I would agree to pay an increased amt of 75.00 Per month and the Lease term would be until 8/31/2013. Now the 30 day move out i was issued was for recovery of the home so they could sell due to being in PreForclosure.. My Number one question is?? If the Landlord has not served me actual court papers to move out {a real legal eviction/lease termination} how long does the process take? I have never missed a rental payment and don't feel like starting now. Just wondering about legal rights and length of time it takes to do an actual eviction once the REAL PAPERS are served to me.
5 Answers
- linkus86Lv 78 years agoFavorite Answer
As far as you are concerned you still have an agreement in place that you must adhere to honoring. Your landlords financial issues with his lender are none of your concern and have no effect on your agreement with the landlord. Yes, you must still pay rent. No you do not have to move, but apparently are anyway. Because you are renting on a month to month term you may discover your landlord will not honor your 30 day notice until May 1 and require a full month of rent from you which is completely legal for him to do. The required 30 day notice is a minimum notice, not a specific notice, thus you are required to pay rent through each rental term (month). You may move out at any time, as using the property is not dependent on your responsibility to pay rent. And please don't shoot yourself in the foot suggesting the landlord use the deposit to pay for the last months rent as this is illegal and will only serve to make you in breach of contract forfeiting the deposit completely and still being on the hook for the last month of rent.
- n2mamaLv 78 years ago
You have not been evicted, you have been given notice that your landlord is ending your tenancy. The verbal agreement you had does not provide you any protection in this circumstance. You will be viewed by the courts as being a month-to-month tenant, which means your landlord has to give you 30 days notice to vacate, which he has done. His foreclosure has nothing to do with this. He does not have to serve you with anything more than he already has (unless you either stop paying rent or refuse to vacate, in which case he WILL evict you). You really don't want to go that direction, as he will win and you will then have a much harder time renting anything in the future.
- jackieLv 58 years ago
Unless both you and the LL signed a new lease you are considered a month to month tenant which legally allows the LL to issue you a 30 day notice if he wants to end your tenancy. If he issued the written notice on 4/15/13 you have until 5/14/13 to move out. You must still pay rent until 5/14. The foreclosure does not affect your rights as a tenant or your obligation to pay rent.
Good luck.
- 7 years ago
We rent on a month to month basis, no lease. Our landlord called us a month ago and stated that his brother the owner was going through bankruptcy and the house might be sold as part of that. He offered to sell us the house but we are not interested due to the amount of repairs it needs. We found and rented another house and our rent is paid up here through march 1st. Today my husband called the landlord to tell him we were moving and the landlord stated we could not without 30 days written notice, is this true?
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- KiniLv 78 years ago
I dont understand your problem. If landlord gave you 30 days notice, you have to move. With no lease, he can give you notice any time. If he is in foreclosure, that does not obviate your rent payment. It is still due to landlord. You dont live free. Yes, under foreclosure you have only 30 days to move. What rights are you asking for? You have to pay rent. I dont see what your problem is.
