Eviction And Truth In Renting in Michigan

[Weave2mn]

My question involves landlord-tenant law in the State of: Michigan

I have a rather long question. I was having problems with my landlord and pipes freezing in the winter, so i started researching getting out of my lease and long story shorter I found illegal provisions in my lease and my lease does not include anything about the Michigan Truth in Renting Act and has other illegalities included. So I wrote a letter a month ago stating I was terminating my lease in thirty days if they did not fix the lease. They did not fix it within their 20 days and I moved out. Now they have given me eviction papers for not paying rent and we are scheduled to go to court this next week. My question is would I have a leg to stand on the claim that I have every right to terminate my tenancy because they didnt fix the lease or should I counter sue for my claim about the lease being void. Also I had paid the last month's rent (August) would that suffice as my last months rent if April was to be my last month, I told the LL in my letters to them that they should expect me out by the end of April and to use August's rent in lieu. Any help would be appreciated! Thanks sooo much!!

[LawResearcherMissy]

What to do when you find a prohibited provision

If you feel your lease contains a provision prohibited by the Truth in Renting Act, write your landlord a letter pointing out the questionable provision(s). Keep a copy of the letter for your own records. Once your landlord receives your letter, he or she has 20 days to correct the lease by notifying all of the tenants that he or she is voiding or altering the illegal provision. If the landlord fails to cure the lease within 20 days, you may seek relief in any of the following forms:

1. An action to void the rental agreement and terminate the tenancy;

2. An action to enjoin the landlord from including the prohibited provision in any future rental agreements he or she enters into and to require the landlord to remove the provision from all other existing rental agreements;

3. An action to recover damages in the amount of $250 or actual damages, whichever is greater.

If the lease fails to contain the landlord's name and address or the required notice, the tenant can:

1. Sue to void the rental agreement;

2. Sue to force the landlord to include the required notice statement in all rental agreements he or she enters into;

3. Sue for $500 or actual damages, whichever is greater.

http://www.tenant.net/Other_Areas/Mi.../p1/truth.html

Looking at that, I'd countersue, though you really should have sued to void the lease before you moved out.

Good luck.