Legal Question in Landlord & Tenant Law in Michigan
Landlord threatnes to evict me
I had received free two months special with a lease agreement which states that it would be defaulted upon a late payment. I made a late payment on November and the rental office filed a complaint through a district court. The district attorney dismissed the case because the rent was paid prior to the court date. Unluckily, during the winter break which I was out of state for awhile, I was late on a payment once more and the rental office filed another compliant against me for two months of special with that month�s rent. Because the court date was during the winter break and despite the fact that I had my mails forwarded, I did not received the court notification early enough to show up on the court date. When I came back, I paid all the rental payment including this February's rent minus the two months special. When the rental office requested that I pay for the two months special, I argued that it was dismissed through the district court hence I'm not entitled to pay. The office still threatens to evict me in any moment. My question is, is it possible for the rental office to resubmit a payment complaint which was dismissed previously? Shouldn�t I be eligible to stay until end of February since the payment was already accepted?
1 Answer from Attorneys
Re: Landlord threatnes to evict me
If I understand the facts correctly, you were to receive two months free rent as long as your payments were timely made during the lease period. However, you were late twice, so the manager is requiring you to pay the two months rent. I believe the management's position is correct. The fact that you had a complaint dismissed for non-payment of rent, I believe, is not relevant. If that is correct, you can be sued for the two months rent.
This communication does not establish an attorney-client relationship.
Good luck.
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