How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Attorney & Mediator Your Own Ques...

Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Real Estate Law
Satisfied Customers: 20012
Experience:  Lawyer,Former Broker and Just Answer Legal Mentor
1723468
Type Your Real Estate Law Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

on 3/2/11, landlord gave me handwritten "notice to quit termination

Resolved Question:

on 3/2/11, landlord gave me handwritten "notice to quit termination of tenancy" paper. Reasons: failure to sign lease, failure to pay utilities, failure to pay rent.

- Was given a FLORIDA lease w/ many blanks Apr/May of 2010. Never heard about it again until I got the notice from him.
- Was told on 2/28/11 that I needed to have the water bill put in my name and pay it. He said if I didn't take the bills, he would evict me. I took the bills and got "evicted" two days later.
- Have paid my rent on the 1st day of every month since he took over the property (Apr 2010).

Have to be out by 4/3. Is any of this legal?
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Attorney & Mediator replied 3 years ago.
Just to clarify where is the property located, in Michigan or Florida?

Thanks


_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is also limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 3 years ago.
Michigan and the "lease" he presented last year doesn't even include the address... some questions revolve around the legal address.
Expert:  Attorney & Mediator replied 3 years ago.
Thank you for your reply and additional information.

1) As the property is in Michigan, the landlord has to comply with Michigan law. So the Florida lease should not be used.

2) In Michigan the landlord can issue notice of 7 days for unpaid rent. Otherwise if you are current with rent, then notice to vacate would be the same for the time period you pay rent. So if you are obligated to pay rent every 30 days, then the landlord is obligated to give you at least 30 days notice to terminate the tenancy for anything other than unpaid rent.

Seven days notice can also be given for a violation of the lease terms (damaging the property as an example, but not for not signing the lease). If there is no signed lease you are considered a month-to-month tenant.

http://www.legislature.mi.gov/%28S%28a3y2smi2ew4vrqrxe1vfpa45%29%29/mileg.aspx?page=GetObject&objectname=mcl-600-5714



3) Michigan does not provide a requirement that you get a specific document as notice, but it does require certain information to be included. That information would need to be similar to the actual notice forms offered by the state. You can see those in the link here.

4) As stated a MI lease would be necessary for MI property, so it would be unreasonable for you to sign the FL lease. Therefore you are considered a month to month tenant and if rent is on time, the landlord should have sent you a 30 days notice to vacate.

5) What to do, you can let the landlord know your rights of counter-suing under a claim of retaliation and not following the proper notice requirements and for having paid rent on time. Hopefully he will back off. Otherwise you can consult with Michigan legal aid to assist you if you cannot afford a private attorney.

http://www.michiganlegalaid.org/call_library_topic_view?topic_id=1690000





_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 3 years ago.

He followed the proper notice requirements - handed paper on 3/2, with move out date of 4/3 - but he just out-and-out lied on all 3 reasons!! Also he demands that I need to call the water dept to have the bill changed to my name - I told him the water dept said anyone can change the name... but he refused, putting it all on me. Needless to say, I don't believe I'll be paying the water bill since he gave it to me on 2/28 and evicted me on 3/2.

Customer: replied 3 years ago.
Also, if we're not out on 4/3, can he have me physically removed or does he have to go thru the court?
Expert:  Attorney & Mediator replied 3 years ago.
As to the water bill. You are not obligated unless you signed something saying you would be. Further you can't sign a FL lease since the property is in Michigan. So it would be the landlord's obligation unless you verbally agreed to this before moving in.

Lastly if he lied on all three reasons, then you had the right to file a suit against the landlord for breach of contract, fraud and misrepresentation.

Just noticed your additional post. He can't force you out without a court order. If he sues you then you can counter-sue for the same reasons stated above.


_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Attorney & Mediator, Lawyer
Category: Real Estate Law
Satisfied Customers: 20012
Experience: Lawyer,Former Broker and Just Answer Legal Mentor
Attorney & Mediator and 3 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.
 
 
 
Chat Now With A Real Estate Lawyer
Attorney &amp; Mediator
Attorney & Mediator
Real Estate Lawyer
20012 Satisfied Customers
Lawyer,Former Broker and Just Answer Legal Mentor