Is a lease vaild if the landlord doesn't have a rental license for the home?

[Michigander]

What is the name of your state (only U.S. law)? Michigan I rented a home on the last page of the lease I asked that if the house hadn't passed rental inspection by june 1st 2008.I get my 500 deposit back.Both the landlord and us signed it .Well of course it didnt pass inspection till July 22 2008 and I didnt get the 500 back .Is the lease vaild since the landlord broke it by not paying the 500 on June 1st 2008?

 

[Cvillecpm]

Probably not.....if the property was being inspected and it was the fault of the inspectors, etc. the landlord performed in good faith.

Why wasn't the inspection cleared sooner? If you wanted your $500 back, you should have vacated. It was your choice to remain at the property

 

[Michigander]

No it wasn't the inspector fault

it was his he lied and said it would pass the inspection the following monday.When in reality he had more to do to pass inspection then he told us he had.I moved in because he said it was done and I had to be out of the house I was renting.

 

[Cvillecpm]

....and you remained in the house. Your option would have been to move out to get your $500 back.

 

[Michigander]

It is still a default of the lease

why would I have to move again and try to drag him to court and get the deposit back? i liked the house I just didnt like him so I made sure i had something that void the lease anytime i needed it.

 

[BL]

Technically if the LL had no legal right to rent it until it passed inspection , the LL can not collect rent during that time .

However , you NEEDED a place to move to and the LL provided it .

The place has now passed inspection .

You can request pro-rated rent return/credit for the days it was not legal to rent .

Doing so may get you on the bad side of the LL/tenant relationship , where the LL might look for any reason to terminate your lease , or just not renew it .

As was said , had you moved out , you would be due your SD then .

Your call .

 

[MIRAKALES]

This is probably a Michigan State specific question to address rental licenses…
In most states, a rental license is only an acknowledged registration of the rental premises. A rental license neither confirms or denies whether premises are in good or habitable condition during tenancy. The rental license may have simply lapsed or temporarily expired until renewed. It is a violation of the municipal code to not renew rental license and continue to rent . The owner/manager can receive a ticket for the violation but the existing lease agreement is not voided.

For the record, this is not a valid reason to terminate lease agreement. Only a court of law or government agency can legally terminate a lease agreement without the mutual consent of both LL and tenant. It would seem more professional to locate properties that meet tenant’s requirements, including a LL that aligns with tenant’s personality rather than searching for diabolic methods to “void the lease anytime needed.”

Some food for thought… Tenants that have paid rent for illegal apartments cannot demand reimbursement or refund of rent. After receiving the benefit of use of premises most courts will not consider reversal of the initial rental agreement and payments. The rent paid up to the point of notification is non-refundable in the case of illegal rentals. The issue is likely the same in the case of an expired rental license.

 

[Michigander]

thanks for all the replies

The house was condemened prior to no rental lease ,so I think the judge,which this case is going in front of, will look at it much diffrent.The house was in horrible shape but it seemed to me the LL was going to fix it.1500 had been paid prior to me moving in. How was i going to come up with 1500 for another place in such short notice. I added the 500 statement to protect myself ,it shows he didnt keep his part of the bargain.

 

[MIRAKALES]

The house WAS condemned prior to no rental lease, so I THINK the judge, which this case is going in front of, will look at it much different. The house WAS in horrible shape but it seemed to me the LL was going to fix it. 1500 had been paid prior to me moving in. How was i going to come up with 1500 for another place in such short notice. I added the 500 statement to protect myself, it shows he didn't keep his part of the bargain.

The property was vacant and condemned and in need of restoration PRIOR to being refurbished and put into habitable use. The property owner performed repairs (obtained permits to restore premises). In order for property to receive a rental license it must pass inspection and meet municipal building code standards.

The speculations about the court invalidating the lease agreement due to the temporary lapse of a rental license are not likely. The owner/manager can receive a ticket for the violation but the existing lease agreement is not voided. The property meets municipal and state building regulations. The lapse in rental license was for a period of less than two months (7 weeks). According to Michigan law (code enforcement), property owner should allow ninety (90) days for an inspection -- application, inspection, corrections for re-inspection. It is a violation of the municipal code to not renew rental license and continue to rent.

• What part of the LEASE agreement does tenant (YOU) believe LL violated?
• What made the premises UNINHABITABLE post-occupancy (June 1, 2008) and prior to rental license (July 22, 2008)?

A state inspector must acknowledge the violation in order to receive a ticket. The owner/manager can only receive a ticket for the violation. In fact the legal remedy for not obtaining a rental license is a fine -- this is a matter between property owner and state. Accordingly, the State of Michigan (code enforcement) does not deal with lease agreements with valid and current rental licenses.

 

[Michigander]

I signed the lease may 11th ,I moved in June 1st .A clause in the lease states the landlord will make the following repairs plum,elec,build,zoning all must be approved by the city before the tenant moves in(broken lease) he knew they weren't done,he told me they would pass the following Monday (after I moved in) **************....the improvements should take no longer then one month from the signing of the lease(broken lease) **************...otherwise this agreement is null "rental licensce is dated July 22 " ......and tenant would have a right to refund of deposit ,unless the tenant agree to extended this grace period .I never signed anything .I just lived there for 10 months with no lease.I didnt say I had to move .He is trying to take me to court for the remainder of the lease 2 months at 1000 per month and damages ,5000 he says .He wants 8k and he only paid 16k for the house .I am descent I have rented many homes,never was sued before.This is his first rental .He is arabic and never did or understood anything that took money from his pocket but he sure was willing to take mine.Like I said, I liked the house I didnt like him.

 

[justalayman]

haven't read all the answers.

is the lease valid; most likely

is it enforceable; no

does it invalidate the lease: no

does it make it voidable; most likely.

 

[MIRAKALES]

I signed the lease may 11th, I moved in June 1st. A clause in the lease states the landlord will make the following repairs plum,elec,build,zoning all must be approved by the city before the tenant moves in(broken lease) ********** the improvements should take no longer then one month from the signing of the lease(broken lease) **********...otherwise this agreement is null "rental licensce is dated July 22 " ......and tenant would have a right to refund of deposit, unless the tenant agree to extended this grace period for repairs. WRONG

The LEASE AGREEMENT between LL and tenant is a separate issue from the RENTAL LICENSE between LL and government. The premises where apparently habitable during the entire tenancy with functional plumbing, electric, structure, etc. Otherwise, it would not be possible for tenant to occupy and use the premises. There is no lease violation. Regardless of whether LL and tenant have personality conflicts, regardless of the cost value of the premises, regardless of whether a rental license was approved, regardless of whether the improvements where completed as advised, the only agreement between LL and tenant is the lease agreement. Tenant has no legal entitlement to refund of deposit or expectation of authority to provide an extended "grace period" for repairs.

Tenant signed an annual lease agreement to occupy the premises from June 1, 2008 to May 31, 2009. LL is only responsible for providing habitable living conditions. Despite tenant’s disposition, there is no lease violation on the part of the LL that effects the lease agreement with tenant. The approval of repairs by government are not an issue for tenant. The improvements promised within one month by LL are not an issue of lease violation. The APPROVAL required for rental license and the IMPROVEMENTS promised within one month are not a basis to invalidate the lease agreement.

The time for tenant to file a complaint about the validity of the lease agreement was between the dates of occupancy (June 1, 2008) and dates of rental license (July 22, 2008) when the premises may have been in violation. The rental license violations only exist from the date when an inspection is documented on record. The lease agreement violation only exists when the premises are not made available or are inhabitable. There are no inspection violations on record. There premises were available and habitable. There are no lease violations to make “this agreement null” or void.

Suggestion: Tenant should keep rent current without any tenant lease violation until the expiration of lease. Tenant should give LL proper thirty (30) day notice to vacate at the expiration of lease. Tenant should locate a property suitable to their needs and move-in in accordance with lease agreement. Otherwise, tenant will create a public record due to non-payment of rent which will be available for any potential LL to view.

 

[BL]

The house was condemened prior to no rental lease ,so I think the judge,which this case is going in front of, will look at it much diffrent.The house was in horrible shape but it seemed to me the LL was going to fix it.1500 had been paid prior to me moving in. How was i going to come up with 1500 for another place in such short notice. I added the 500 statement to protect myself ,it shows he didnt keep his part of the bargain.

The LL had NO legal business renting a condemned house , if in fact it was condemned .

Condemned means uninhabitable .

Uninhabitable means a LL is NOT entitled to rent or collect rent until it is habitable and passes code inspections , and the LL is clear to rent the property .

If so, the Judge would look at all the factors in deciding any awards .

 

[Michigander]

Thanks For All the Replies

I went to court today and the Judge didn't even mention anything to the LL about having a rental license.I was being sued for two months broken lease 1000.00 a month ,and 1000 in late fees and 5000 in damagesfor a total of 8000,he only paid 16,000 for the house .it turned out I only had to pay 1573.oo which 1500 was the security depoist. It was a fair judgement .The LL was trying to get his house redone at the cost of me and the Judge seen through him.I didn't have to pay the two months broken lease because water was leaking into the basement and I told him for a month to please repair it.He didn't so I moved.All I can say is read your leases very careful before you sign them and take photos of everthing.Since I had a photo of a broken stair he was trying to charge me 250 for i think it pretty much made his damges worthless.I know LL are doing you a favor but for 20 years I haven't had a problem till now .This was this LL first rental "lesson learned"**************..

 

[BL]

That sounds fair .

Just a side note:

It's not up to a Judge to ask if a LL has a rental license.

It's up to the litigants to present their case and evidence .