Unsigned Lease - Demand for Rent

[Jamielynne49]

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

At the end of October 2009, my boyfriend was looking for a new place to live. He visited an apartment complex and talk to some of the ladies in the office. After a third visit he gave them a deposit of $399 after much hesitation when they never offered a receipt. In return they gave him the keys to the apartment, and told him they'd have him come in to sign his lease shortly.

In the mean time I decided I was going to move in to. We called the office several times. They FINALLY called us back and asked us to come in so I could fill out paperwork, and so my boyfriend could re-do some things on his application. We were told we would receive a call back.

We eventually moved in on December 15th, 2009. We called the office probably every other day and no one ever bothered to answer the phone or return or messages.

Then all of a sudden last week they send us a demand for posession notice saying if we don't pay them rent for the past 3 months they are going to evict us and take us to court????

The simple issue is I'm NOT going to pay when we never signed a lease and these people never bother to call us back! Is it really legal for them to take us to court based on what I've given you? It doesn't seem right to me. Regardless, we are leaving this place and found a new place to live with much more cooperative landlords...

[LawResearcherMissy]

Is it really legal for them to take us to court based on what I've given you? It doesn't seem right to me.

Absolutely, it's legal. And they'll win, too.

"They never called me back!" and "We didn't sign a lease!" will hold exactly no water with the judge. By accepting the keys and moving in, you created an implied month to month lease agreement, obligating you to pay the rent and follow all of the complex rules as if you had signed a lease.

Possession of the apartment began when your boyfriend accepted the keys.