Legal Question in Landlord & Tenant Law in Michigan

I'm currently buying an office building I've been in a lease with. The lease states "notices are deemed given at time mailed at the post office in a registered or certified post paid envelope". The property owner states since he never signed for my notice to purchase. Notice wasnt given. Does the landlord have to "sign" or since our lease states that its given when mailed fall in my favor


Asked on 8/03/10, 6:46 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

If the lease was drafted by the Landlord, any ambiguity in the terms will be construed against him. If the lease clearly states that notice is given at time of mailing and not time of receipt, then you are correct, and it sounds like your Landlord is trying to get out of the purchase part of the lease. If you had a "lease with option" to purchase, it is important that you actually paid some sort of consideration for that option to purchase. A real estatate attorney can review your lease and apply the law more accurately to the facts of yoru case.

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Answered on 8/09/10, 6:25 am


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