Legal Question in Landlord & Tenant Law in Michigan

WE had a house fire on June 12, 2010. We are not staying in the house. It is a rental place. Our landlord raised rent without giving us 30 days notice. He also wants us to pay the entire month of July rent. What can we do.


Asked on 7/30/10, 9:26 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

You rent a house that was damaged by fire. If you moved out because the fire damage made the house uninhabitable the landlord may not charge you rent. Your landlord should have had the property insured for fire, and his insurance should cover "lost rents". You should have had renters insurance that would insure your belongnings. Your lease will dictate whether or not the lease terminates if the premises become inhabitable due to fire, flood, earthquake, etc. Even if your lease does not address termination of the lease upon destruction by fire, common law would hold that the contract is not possible to complete. As for the rent increase, if your lease states a specific rental amount, it cannot be increased over the life of the lease. If you are renting on a month to month basis, then the landlord can increase the rent with 30 days notice. He can also terminate the month to month tenancy with 30 days notice. If you have moved out, and the property has not been repaired, and will not be repaired during the term of your lease, and you do not intend to move back in, send your landlord a registered letter stating these facts, and providing your forwarding address, for him to return your damage deposit. Of course, I am assuming that you did not cause the fire either intentionally or negligently. A lawyer can review your lease and apply the law more completely to the facts of your case.

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Answered on 8/04/10, 3:17 pm


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