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G

goodnews

Guest
I am in Michigan. I have a lease with a tenant that is missing the required statement:

NOTICE: Michigan law establishes rights and obligations for parties to rental agreement’s. 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.

She didn't pay rent this month and I sent her a 7 day notice. Now, I don't know if I should file in court because the (month to month) lease isn't valid. I have tried to find anyone who can help me with this with no real luck.
 


C

carpe223diem997

Guest
I don't understand how that would effect your ability to take action against your tenant for failure to pay her rent. She still signed an agreement stating she would pay a said amount each month she resides on the premises and failure to do so will result in such and such consequences. If you feel that you cannot treat it as a month to month then treat as if it were a lease. If she fails to pay after the end of business on the 7th day of her notice then you have every right to pursue legal action against your tenant regardless of the notice. As long as you have her signature agreeing to the terms of the lease the notice won't matter. If it really concerns you have her sign an adendum which includes that particular portion of the contract.
 
G

goodnews

Guest
Thank you for the advice! I considered having her sign a new lease but she won't. (VERY difficult tenant!) I did talk to a lawyer, and he said that a lease can get you in alot of trouble. that is why I was so worried about it. But, I spoke w/ a new attorney, and he said besically what you just said, that an agreement is an agreement and she can't just decide not to pay rent. Thank you!
 

abezon

Senior Member
Just send her a copy of the notice. The lack of the provision does not affect your ability to sue her for non-payment. The MOST she can do is ask you to remedy the error, and if you don't do so within 20 days, sue you to terminate the tenancy & get her attorney fees. Big deal.

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554.635 Notices. [M.S.A. 26.1138(35) ]
Sec. 5. ***
(2) A lessor may cure a violation of section 4 by giving written notice to all tenants who are currently parties, with the lessor, to a rental agreement which does not include a required statement. The notice shall set forth the statement as provided in section 4.

(3) Notices under this section may be given personally or sent by first class or certified mail to the tenant at the address of the leased premises.


554.636 Actions; court costs and attorney fees; joinder; actual damages; effect of judicial construction; “tenant” defined. [M.S.A. 26.1138(36) ]
***
(2) If a rental agreement fails to contain a provision as required by section 4 . . . and if the landlord fails to cure the violation by exercising the notice provisions of section 5 within 20 days after the tenant, or, where there is more than one plaintiff, each tenant, gives written notice to the landlord of the provision required by section 4 . . . , a tenant may bring an action for any of the following relief: (a) To avoid the rental agreement and terminate the tenancy.

(b) To . . . require the lessor to exercise the notice procedure provided in section 5 to cure the violation in all rental agreements in which the provision occurs and to which the lessor is currently a party.

(c) To enjoin the lessor from failing to comply with section 4 in any rental agreement subsequently entered into and to require the lessor to exercise the notice procedure provided in section 5 to cure the violation.

(d) To recover damages in the amount of $500.00, or actual damages, whichever is greater.
 

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