Legal Question in Landlord & Tenant Law in Michigan

my landlord never provided me with a copy of an amended lease. it was amended as a result of a burglary - i was moved to another larger apartment and new terms of rent and tenancy were hand written on the back of the original lease and we both initialed the changes. he said he would get me a copy for my records. i have been asking for my that copy every month since february, 2010 to no avail. finally, he admitted that he couldn't find it. the original terms of that lease had me renting until july, 2011, but i want to move out now. since there is no proof of the amended lease, no copy of it, can i be considered a month to month tenant, give my 30 days notice, move out, and not be liable, obligated or responsible for the lease until july, 2011? the landlord is being difficult and has threatened to take me to court to make me fulfill my original agreement until july, 2011. i don't know what to do. please help, thanks.


Asked on 11/13/10, 6:21 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

If you have a valid reason to break your lease, then you can break it. See an attorney before you do this. The landlord will have to tell the court that the reason that he doesn't have a copy of the lease to attach to his complaint for rent is because he lost it. Then the court will have to decide if an oral lease for the time period is enforceable. If the lease was for more than 1 year, it must be in writing to be enforceable. If it was in writing, but lost, the court may chose to "reform" the lease, to comply with the originally agreed upon terms. In either case, if you want to break the lease, you need a better excuse than the fact that the landlord lost the document.

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Answered on 11/18/10, 6:45 am


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