Landlord Not Allowing Move in
My question involves landlord-tenant law in the State of: Michigan
Today is our move-in date and the landlord refuses to give us our keys. My fiance and I have paid the security deposit for each of us and the first month's rent. Total = $1224. Now, we are 15 days late for the second month's rent for just me. She doesn't have to pay again until October because she is on the financial aid plan for college students. I owe $375 for the month. We offered to pay half today and they wouldn't take that and give us our keys.
Also, we have a cat and were told that we could pay the $500 pet fee throughout the year. They told us it is actually a $200 deposit (THAT MUST ALSO BE PAID TODAY!) and then the $300 spread out with rent. Now, when we first signed the lease we wanted to get the pet lease form out of the way and signed and they told us to wait until move-in date to deal with that. They would not give us the forms. When my fiance attempted to get the keys today they gave her the forms. They are ridiculous! There is even a part about how if you leave your pet alone for more than 8 hours then they can remove the pet. Is this legal if we paid the fees?
The manager at the leasing office was EXTREMELY rude to my fiance. We are regretting signing this lease now. We only did so because they were one of few apartments that would lease for a smaller period of time than other complexes, since we are leaving in December.
Would the Landlord void the lease by not giving us the keys by the move in date, allowing us to get our money back and move in to somewhere more reasonable?
EDIT: Also, we only have 9 days left on our current lease. We have no other place to go since we are over 2.5 hours away from home.
Re: Landlord Not Allowing Move in
The most a Michigan landlord can require for a security deposit is 1 - 1/2 months rent - and that's whether the landlord characterizes the amount as a security deposit or "a security deposit and the last month's rent." You seem to be describing a situation in which your landlord is charging first and last months' rent at move-in - rent for the current month, rent for the last month, and a security deposit (presumably) of 1/2 month's rent. That would be proper and, if you aren't prepared to pay the rent required by your lease contract to take possession, your landlord has the right to demand that you show him the money.
I don't know what your lease says about the pet fee or when it must be paid. If the lease provides that it's a $200 nonrefundable cleaning fee that must be paid at move-in, then that's what the lease provides. You need to tell us what your lease says.
Re: Landlord Not Allowing Move in
I'm a little confused: you said that you've already paid first month's rent and today is your move-in, but you're already two weeks late for the 2nd month's rent? Did the lease take effect a month ago, and you just waited a month to move in, or what is the deal there? Please clarify.
As far as the pets, the 8-hour clause is most likely included as a means of giving management the right of exigent entry for animals that are being neglected/abused, such as being left out in the rain or snow all night long. It does seem unreasonably short of a period of time, so you may want to check on that with someone who knows Michigan law as pertains both the rental agreements AND animal care/control regulations. Regardless, if you sign it, it is binding unless it proves to be unlawful.
Going back to the keys, they do not have to take partial rent payments (even if they did they would still hold the right to serve an eviction notice for nonpayment of the remaining portion of the rent). However, again you need to check your lease language carefully for the effective date of your lease - there may be specifics in MI law about which I am not aware, but generally speaking a landlord cannot withhold keys from a tenant in lawful possession unless an eviction process has been followed and either the law or the court gives them the right to do so.
If your lease took effect a month ago then you should have received your keys at that time, in which case the landlord would now have to file an unlawful detainer (eviction) and follow the process to lock you out. If the lease hasn't yet taken effect and your landlord was just going to let you move in a few days early, then technically (unless you have an agreement in writing stipulating otherwise) they can withhold the keys until your actual effective date. And if your effective date is today, then how is it that you're already two weeks late for the 2nd month's rent when you haven't even finished the 1st month yet? Unless you're on a 60-day rent cycle (extremely unusual), that part does not make any sense.
Re: Landlord Not Allowing Move in
Quote:
Quoting
CPO_MK
I'm a little confused: you said that you've already paid first month's rent and today is your move-in, but you're already two weeks late for the 2nd month's rent? Did the lease take effect a month ago, and you just waited a month to move in, or what is the deal there? Please clarify.
As far as the pets, the 8-hour clause is most likely included as a means of giving management the right of exigent entry for animals that are being neglected/abused, such as being left out in the rain or snow all night long. It does seem unreasonably short of a period of time, so you may want to check on that with someone who knows Michigan law as pertains both the rental agreements AND animal care/control regulations. Regardless, if you sign it, it is binding unless it proves to be unlawful.
Going back to the keys, they do not have to take partial rent payments (even if they did they would still hold the right to serve an eviction notice for nonpayment of the remaining portion of the rent). However, again you need to check your lease language carefully for the effective date of your lease - there may be specifics in MI law about which I am not aware, but generally speaking a landlord cannot withhold keys from a tenant in lawful possession unless an eviction process has been followed and either the law or the court gives them the right to do so.
If your lease took effect a month ago then you should have received your keys at that time, in which case the landlord would now have to file an unlawful detainer (eviction) and follow the process to lock you out. If the lease hasn't yet taken effect and your landlord was just going to let you move in a few days early, then technically (unless you have an agreement in writing stipulating otherwise) they can withhold the keys until your actual effective date. And if your effective date is today, then how is it that you're already two weeks late for the 2nd month's rent when you haven't even finished the 1st month yet? Unless you're on a 60-day rent cycle (extremely unusual), that part does not make any sense.
I agree with CPO. There are a few things that don't make any sense. Can you clarify CPO's questions so we can help you out?