Michigan landlord tenant lease agreement question?
Hi, I m a paralegal and I have to do the legwork on this. I get that I shouldn t rely on yahoo answers for this, but in hoping this can point me in the right direction. About client:
Has been living in the same apartment for years. Lease is yearly. Has been paying rent late the last year or so so he doesn t think they would allow him to renew lease this time. Lease is up at the end of Nov (so a little over a week from now). He asked the landlord s manager about a month ago if he d be allowed to renew, she said she did not know and would get back to him. Never did. Now he just emailed the landlord s assistant today asking if he can renew the lease and if not, if he can have an extra 30 days; she emailed him back saying she will get back to him on that. Again, lease is up in a little over a week.
I think there is some sort of clause stating they must give him ample amount of time if they choose not to let him renew the lease. They have not. Anyone will legal knowledge on what his rights are? Citations appreciated. Thanks!
- 3 years ago
This is a total lie.
- Nuff SedLv 73 years ago
It's his job to GET the one-year lease renewed, as such an agreement favors the tenant more than the landlord. If he fails to convince them to renew for another year he's going to be living with a month-to-month question of whether that's his final month, when the landlord hands him 30-day notice. If it were me, and I didn't expect to be leaving any time soon, I would have my attorney draft a modification to the existing lease, extending it for another year, and send two signed copies to the landlord and requesting one be signed and sent back (or hand delivered) immediately.
- Casey YLv 73 years ago
The lease automatically transitions to month to month if proper notice was not served. Until they provide him with a notice to quit (leave), that place is his in perpetuity with continued rent payments.
- SlickterpLv 73 years ago
They must give him notice per state law, usually 30 days, same as he must give notice. He has the right to stay and keep paying rent until such time as he recieves notice to vacate.
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- loanmasteroneLv 73 years ago
If this person has been living on the same rental for years, in all probably there has only been one lease. That would be the first lease signed by the tenant, landlord or property manager.
If there is a current lease signed by the tenant last year, the tenant would automatically convert to a month to month tenancy. The current lease would still be in effect with a few state rental laws that would be required to be observed.
If no notice has been issued by the landlord or property manager, this could be the reason. If the tenant would no longer be allowed to reside in the rental unit, the landlord or property manager would have issued a notice to that effect by now.
As a paralegal you might would want to avail yourself of the month to month tenancy laws of your state.
I hope this has been of some benefit to you, good luck.
- MaxiLv 73 years ago
Depends on the laws where this is, 'normally' the landlord or tenant have to give notice of non intent to renew the contract, 'normally that is 30 days, some places the landlord needs to give 60 days, so research landlord/tenant laws where this rental is
- R PLv 73 years ago
I find it interesting indeed that you claim to be a paralegal yet you don't know where to look for the answer to your legal question.
More than likely management has to give your client written notice to vacate. Most (not all) states require 30 days notice given prior to the beginning of the next rental period IF the lease is silent as to the amount of required notice.Source(s): FL landlord
- A HunchLv 73 years ago
If a formal renewal is not signed and the tenant is not given a notice of end of tenancy, the tenancy continues.
He will be on a month to month tenancy with all the terms the same as the most recent signed lease.
If they want him to vacate the unit by the end of Nov, they needed to provide notice by the end of Oct. It does not matter that Nov is when the lease ended.
- SimplytheFACTSLv 73 years ago
typically, the lease will just roll month to month, and they only need to give legal notice (often 1 month) if they are going to terminate it.
- Max HooplaLv 73 years ago
If he is an otherwise good tenant collect the late fees. Tenants who don't tear the property up are worth their weidht in gold.