Legal Question in Landlord & Tenant Law in Michigan
My lease for a house is up 12/29/09. I deal with a property mgmt co. According to the lease it automatically renews for 1 year with the same terms unless either party gives written notice at least 60 days prior to the end of the lease. The homeowner does not want to renew and I was not provided the 60 days notice and the mgmt co agrees with this statement. I have a good rental history and even received an email from the co saying thanks for being a good tenant. They say that the lease is non-renewable and they only have to give 30 days and I have to be out by Dec 29. I only want until Jan 31 to vacate, however if I stay until then they will increase the rent for Jan by 50% because it will be a holdover. I only want time to relocate without paying the increase. What legal standing do I have?
1 Answer from Attorneys
According to your lease, you are the power player in your game. If you did not receive 60 days notice, then according to your lease, it has been renewed with a 1 year term. The terms of the written lease will prevail in a court of law. It is true that if there is no written lease, then only 30 days notice is required, but in your case, there is a written lease. Furthermore, they may not increase the rent 50% as a holdover. According to your written lease, your rent is the same. Throw this at them too - they are a debt collector and are required to abide by the Fair Debt Collection Practices Acts. As such, they may not tell untruths when attempting to collect. They must have certain statements in their first communication to you. Put your demands in writing and threaten that you will take them to court not only for breaching your lease, but for violating the Michigan and Federal Fair Debt Collection Practices Acts.
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