Full question:
I live in Michigan and I have a residential lease with my landlord for payment of $ 1000 per month. I have not made the payment for past two months since the landlord increased the rent to $ 1500 without giving me enough time to arrange for it. The landlord warned me over the phone that he will terminate the lease if I do not make the payment soon. Can my landlord do so? If so what are the rules under Michigan laws which I should be aware of?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Michigan
Answer:
Generally, your lease would provide specifically all the key rules of renting out the premises. It would include the rent amount, due date, mode of payment, notice period for increasing rent by landlord, late payment fees, consequences of nonpayment and other rules as agreed by both of you.Michigan State laws cover a number of such rent-related problems, although Michigan does not have a state law on the notice period the landlord must give the tenants in order to increase the rent, usually, the landlord must provide the same amount of notice as the interval between times of rent payment, which would generally be 30 days. However, if you have a long-term lease, the landlord may not increase the rent until the lease ends and a new tenancy begins except where the lease itself provides for an increase.
Regarding the termination, the Michigan state law sets detailed rules and procedures for ending a tenancy when a tenant has not paid the rent. Michigan landlords must give tenants at least seven days for payment after warning them. If the tenant does not do so, the landlord may file for eviction. The Mich. Comp. Laws § 554.134(2) provides for rules on termination for nonpayment of rent. Also, for a general idea of tenant rights when it comes to paying rent under Michigan landlord-tenant law, see http://www.legislature.mi.gov/documents/publications/tenantlandlord.pdf.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
