Legal Question in Landlord & Tenant Law in Michigan
My boyfriend's parent bought a condo for my boyfriend's exwife to rent out and potentially buy. They do not have a contract or lease agreement since they are cordial and helping her out because of the grandkids. She is on the title, so that the taxes are cheaper. She has lived there for almost 3 years and had paid the rent and maintenance. My boyfriends exwife remarried and for the last year and a half or more, her husband has been paying rent/ maintenance by check stating it's for "rent." a few days ago my boyfriend's exwife's husband toldy boyfriend's dad (owner of the condo) that they are moving out of the condo on June 1st and are not paying rent for march, April, and may since they painted the condo (was not a necessity) and put in recessed lighting ( not a necessity). Can they do this? What should / can the landlord do?
1 Answer from Attorneys
They can do whatever they want, but it doesn't mean it's legal. If the tenant is skipping out on rent, then the landlord would need to sue them, for money damages if they have already vacated the premises, or for possession & money damages, if they are still residing in the condo. Since they already told the parents ahead of time that they don't plan to pay any rent, then as soon as their rent becomes due and they don't pay, they should start eviction proceedings.
If their lease is only month to month, with no written lease giving them 6 months, 12 months, etc., the landlord can terminate the lease for any reason and/or no legal basis, by giving 30 days notice and then file an eviction complaint if necessary. A landlord can terminate a lease and evict people regardless of whether they want to pay rent, if there is no "term" in writing. Landlords can't be forced to keep tenants when there is no agreement otherwise.
In order to minimize their damages, the parents should start eviction proceedings either when rent becomes past due, or at any point, since the rental term is only month to month, and they can evict without any legal basis.
If they would like to retain a lawyer to handle the eviction, please feel free to contact me.
Thanks.
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