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1) I want to walk away from the lease
2) The landlord does not have any deposit from me. Only the lease that I signed.
Please send me an example of a letter to back out of the lease.
I have two other questions.
1. I am providing below a section from the lease with the default and remedies. Can you tell me what would happen if then sue me to small claims court? Will it affect my credit history? What if they win the case then would I have to pay for the entire amount?
2.If the following is true then my understanding is that they have 20 days to fix it or the entire lease becomes void. Please confirm.
I believe they have violated several clauses of the Michigan Consumer Protection Act (MCL 445.901 to 445.922), for instance regarding the approval process of the lease, as well as waiving application and activity fees in concession addendum, which required an additional "event to occur subsequent to the consummation of the transaction."
The additional event was me sending a guarantor or a pre-paid approval form within 14 days after signing the lease application form). Please refer to the underlined section:
445.903 Unfair, unconscionable, or deceptive methods, acts, or practices in conduct of trade or commerce; rules; applicability of subsection (1)(hh).
(1) Unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce are unlawful and are defined as follows:
(a) Causing a probability of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services.
Eli thank you for your help. One last question.
I send the letter and I wait for the reply? In the meantime should I honor the rent?
In the previous correspondence you said that my Michigan Consumer Protection Argument would not stand a chance in front of a judge. But if you follow the link below, you will see at Q3, point 13 states that the Michigan Consumer Protection Act is included in the Michigan Truth in Renting Act.
I brought to their attention that I believe they have violated several clauses of the Michigan Consumer Protection Act (MCL 445.901 to 445.922), for instance regarding the approval process of the lease, as well as waiving the application and activity fees in concession addendum only if I provide a guarantor within two weeks of signing the lease. So the violation is related to the following in the Michigan consumer protection act:
"(w) Representing that a consumer will receive a rebate, discount, or other benefit as an inducement for entering into a transaction, if the benefit is contingent on an event to occur subsequent to the consummation of the transaction."
Again under the link above, Q 4 states that if the lease contains a provision that violates the truth in renting act then the provision is void. I have brought it to their attention and my understanding is that if they fail to fix it within 20 days I may bring an action to void the entire lease. How would I go about that.
I know that we are working under the assumption that the lease is void because I do not qualify but I want to be on the safe side and explore all the options.
Thank you for being honest. I will just go with the fact that I do not qualify for the lease because I cannot find a guarantor or pay in advance 1 month 1/2 of rent (pre-paid approval) although I signed it. I hope this matter won't escalate. I have sent then the letter and haven't heard back from them.
I am coming back to you again for your assistance.
I have sent the letter to the landlord (it is a company that manages a residence for students) as you have advised. I called back to check whether they had received it and what is the status of the matter. They refused to talk to me and said that I now have to deal with their lawyer. They provided me with his phone number but I have not been able to get a hold of him. The manager told me that as far as he is concerned I have a leasing agreement with them even if I did not fulfill the guarantor requirement. From your experience how likely is it that the lawyer takes this matter to small claims court ? And if they do can the judge rule that I have to pay for the 12 months of rent even though I have 1) not moved into the apartment (the lease starts on Aug 23) and 2) I do not intend to move in.
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