Legal Question in Landlord & Tenant Law in Michigan

In a standard Landlord/Tenant matter the Lease governs the exact length. Even without a Lease a tenant is considered month-to-month and a 30 day notice is required by the tenant to vacate and the tenant is responsbile for rent during that 30 day period regardless of whether they are in actual possession or not. Your situation recognizes the possibility of the tenant dying and has a clause that is, in my opinion, not well written. On one hand it appears as if all you had to pay to take possession was the security deposit and the pro-rated amount for that month yet the clause in question makes it appear as if a full months rent is kept no matter when the tenant dies. If the Landlord is holding the security deposit to pay for the rent that he claims is owed you can dispute that in writing. There is a section of the Michigan Statutes (MCLs) that deals solely with security deposits. The Judge would ultimately have to decide if neither of you can because the money gets theoretically tied up. I could make a good argument for you that the clause says full month rent is kept means whatever was paid that month and therefore the prorated amount. Aldrich Legal Services, PLLC specializes in Real Estate law, along with Bankruptcy, Probate/Estate Planning, Family and other areas as well. If we can be of service to you please visit our website at aldrichlegalservices.com or call me at (734) 404-3000