Tenant Wanting to Terminate Lease Early

[Jayded]

My question involves Landlord Tenant Law in the State of: Michigan

I have just received a letter via regular mail that my current tenant plans to vacate my property on Aug 15th. My lease with this tenant does not expire until Oct 1st, 2008. This tenant believes that because I did not file a Certificate of Compliance with my township that her lease is void? She has always paid her rent late, and has been 15 days behind since the start of her lease last October. I have visited the property several times and there are many damages from the tenant. There is a damage checklist in which the tenant signed when she moved in proving such.


I was wondering if you could kindly explain to me what my next step should be as I have not yet responded to her mail. What are my options? Is not filling this paperwork with the township grounds for her to end her lease? I am quite sure the damage to the property will far exceed the security deposit she paid, and this tenant will still owe 2 1/2 months rent according to my lease at the time she plans to move out.

[LawResearcherMissy]

In what township are you?

In most townships (though this does vary), the lease is in fact void without a valid COC.

If you have not already done so, file it. I don't think it will make the current lease valid, so you will likely be best off if you simply accept her desire to terminate, and hold her responsible for the damages. Due to the lack of a valid COC, it's doubtful that a claim for the unpaid rent would hold up in court, but the damages should if it becomes necessary to drag her to small claims court.