Can I change the terms of the lease with my tenant since I incur higher expenses?

Full question:

I leased out an apartment in Michigan. I created a lease for a rent of $1230 per month. The building being a condominium, I am incurring higher maintenance fees along with taxes and insurances. It was a mistake on my part not to consider these charges while agreeing on the rent amount. I would like to increase the rent and hence change the terms of the lease. Is it possible for the landlord to change the terms of the lease?

  • Category: Landlord Tenant
  • Subcategory: Lease Violation
  • Date:
  • State: Michigan

Answer:

The landlord and tenant may come to an agreement to change the lease at any time during the lease period. The only requirement is that the changes must be made in writing and duly signed by both the parties to the lease.

However, under Michigan law, the landlord may change the terms of the lease when the change is required by law; the change is to the property to protect health, safety, or peaceful environment; or the change is to cover higher costs by the landlord for taxes, utilities, or insurance. Nonetheless, a landlord must give written notice 30 days before changing the lease.

In your case, you may change the terms of your lease anytime and that too without the approval of the tenant since the change is to include higher costs incurred for maintenance and insurance. But it is always advisable to get the approval or at least properly notify the tenant before the changes are made to the lease.
 

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.

FAQs

The 3x rent rule is a common guideline used by landlords to determine if a tenant can afford the rent. It typically means that a tenant's gross monthly income should be at least three times the rent amount. While not a law, many landlords in Michigan use this rule to assess potential tenants' financial stability. However, landlords can consider other factors, such as credit history and rental history, when evaluating applicants. It's important to communicate clearly about income requirements during the application process.