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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: 6 years ago.
Category: Real Estate Law
Expert:  Attorney & Mediator replied 6 years ago.
Just to clarify where is the property located, in Michigan or Florida?

Thanks


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Customer: replied 6 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 6 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





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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 6 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 6 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 6 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.


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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.

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