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Can You Be Evicted for Disconnecting a Smoke Detector

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  • 08-15-2015, 08:17 PM
    crystalmi
    Can You Be Evicted for Disconnecting a Smoke Detector
    My question involves landlord-tenant law in the State of: Michigan

    I signed a 1 year personal lease that expires Dec 1. I had a poor credit score, but had available funds, so I prepaid the entire year. A few months ago a hardwired smoke detector in my bedroom started keeping me up at night, making a horrible screeching noise (not an alarm, just an electronic-type high pitched frequency noise) so I unplugged it. The city did a surprise inspection and saw this. She sent in an electrician to put a new one in that wouldn't make the horrible noise. She billed me for the electrician, which I promptly paid. A month later, my landlord is now saying they are starting eviction proceedings due to defaulting on the lease which says I can't remove them, and must notify them immediately if they malfunction. Any chance I get evicted?

    Even if this was considered a default, isn't the default considered "cured" so it can't be used now for an eviction? Isn't it too late to file this? Even if they filed while the smoke alarm was unplugged, wouldn't a judge have said you have "X" number of days to fix the smoke alarm, or I'll order eviction? I think they're just making a play for my remaining prepaid months. (Their contract includes an accelerated payment clause for remaining months of the lease, if any of its terms are violated.) Would it be good to hire an attorney, or is this going to get tossed out so quickly that I can defend myself? Or, did I make a real problem for myself?

    I'm hoping we can ignore mistakes on any of my previous mistakes, and just focus on possible eviction. I won't be pre-paying again, and I realize I shouldn't have unplugged it and not notified them. I've certainly said words I'm not proud of, but I'm hoping that isn't reason for eviction either.
  • 08-15-2015, 11:03 PM
    adjusterjack
    Re: Can You Be Evicted for Disconnecting a Smoke Detector
    Quote:

    Quoting crystalmi
    View Post
    my landlord is now saying they are starting eviction proceedings

    "Saying"?

    "Saying" doesn't mean squat.

    And eviction proceedings don't start until you first receive written notice of termination of tenancy. After that notice period the landlord would have to file for eviction in court.

    See 600.5714 (1) (d):

    http://www.legislature.mi.gov/(S(0md...e=mcl-600-5714

    That's the closest section I can find that applies to eviction for cause and I don't think having the smoke detector replaced at your own cost is something that any judge is going to allow eviction for.

    Here's the complete eviction statute:

    http://www.legislature.mi.gov/(S(0md...cl-236-1961-57

    You have the option of ignoring what the landlord is "saying." Don't even get into any more discussion about it. Learn how to say "no comment" and say it over and over again.

    My opinion is that the landlord has no case for eviction and might not have the nerve to follow through on the threat.

    If you do get a written notice of termination you have the option of ignoring that, too, and force the landlord to take you to court.
  • 08-16-2015, 12:14 AM
    jk
    Re: Can You Be Evicted for Disconnecting a Smoke Detector
    Actually given the lease specifically prohibits what you did, if it allows for termination for such actions your landlord can evict you.

    If if the lease does allow termination for the actions you performed, should the landlord file for an eviction, I would suggest looking for a ogre place to live.
  • 08-16-2015, 07:47 PM
    crystalmi
    Re: Can You Be Evicted for Disconnecting a Smoke Detector
    adjusterjack - Thanks, I'll be looking through those statutes soon.

    Quote:

    Quoting jk
    View Post
    Actually given the lease specifically prohibits what you did, if it allows for termination for such actions your landlord can evict you.

    If if the lease does allow termination for the actions you performed, should the landlord file for an eviction, I would suggest looking for a ogre place to live.

    As a follow-up, you don't think this having been fixed is something that would be considered cured and ignored?
  • 08-16-2015, 08:00 PM
    adjusterjack
    Re: Can You Be Evicted for Disconnecting a Smoke Detector
    Quote:

    Quoting crystalmi
    View Post

    As a follow-up, you don't think this having been fixed is something that would be considered cured and ignored?

    Naturally, I can't guarantee anything, but I believe that a judge would deny the eviction because the smoke detector was replaced and you paid for it. Therefore, neither the landlord nor the property has been damaged.

    I believe that the penalty of eviction would be so far beyond the scope of the breach as to be unconscionable.

    See:

    https://en.wikipedia.org/wiki/Unconscionability
  • 08-16-2015, 08:18 PM
    jk
    Re: Can You Be Evicted for Disconnecting a Smoke Detector
    Quote:

    Quoting crystalmi
    View Post
    adjusterjack - Thanks, I'll be looking through those statutes soon.



    As a follow-up, you don't think this having been fixed is something that would be considered cured and ignored?

    You can cure the disconnected smoke detector but you cannot go back in time and report what you were required to nor can you go back in time and not disconnect the smoke detector.

    while conditions can be cured, the actions that caused the conditions and that is what you were specifically prohibited or required to do.

    It's like getting a speeding ticket; you can slow down but you were speeding so you can get a ticket and be held responsible for it.

    and michigan allows evictions for a violation of the terms of the lease and that is what we are dealing with here.

    - - - Updated - - -

    Quote:

    Quoting adjusterjack
    View Post
    Naturally, I can't guarantee anything, but I believe that a judge would deny the eviction because the smoke detector was replaced and you paid for it. Therefore, neither the landlord nor the property has been damaged.

    I believe that the penalty of eviction would be so far beyond the scope of the breach as to be unconscionable.

    See:

    https://en.wikipedia.org/wiki/Unconscionability

    IF the lease specifically allowed for termination of the lease for such a violation, the law allows for an eviction for the reason.



    but when would evicting a person for creating a life threatening condition be excessive?
  • 08-16-2015, 08:24 PM
    adjusterjack
    Re: Can You Be Evicted for Disconnecting a Smoke Detector
    Quote:

    Quoting jk
    View Post

    IF the lease specifically allowed for termination of the lease for such a violation, the law allows for an eviction for the reason.

    I would like to see the lease provision quoted word for word before continuing the discussion.

    Quote:

    Quoting jk
    View Post

    but when would evicting a person for creating a life threatening condition be excessive?

    When it didn't happen.
  • 08-16-2015, 08:57 PM
    jk
    Re: Can You Be Evicted for Disconnecting a Smoke Detector
    Quote:

    adjusterjack;904923]I would like to see the lease provision quoted word for word before continuing the discussion.
    of course it will depend on the verbiage on the lease. I continue to say that each time I write something.


    Quote:

    When it didn't happen
    but it did happen. The smoke detector was disconnected and that was the life threatening condition. If there has been a fire a person could have been injured or lost their life due to the disconnection.


    the lack of a functioning smoke detector also put the landlords money in jeopardy as they are required to ensure there is a functional smoke detector as the law requires and are subject to penalty for failing to do so.




    I'm sorry you don't take the presence of a smoke alarm seriously. Apparently some areas of MI do. I could not find a state law speaking to it but at least two cities (the only two I checked which suggests it is common) have an ordinance prohibiting any person from tampering with a smoke detector.
  • 08-16-2015, 09:12 PM
    crystalmi
    Re: Can You Be Evicted for Disconnecting a Smoke Detector
    Tenant must regularly test all smoke and carbon monoxide detectors to ensure that they are working. Tenant must never remove the battery from the smoke-detection or carbon monoxide detection device except when necessary to replace it. Tenant must inform the Landlord immediately, in writing, of any defect or malfunction in the operation of any such device.
    ...
    Tenant shall be in default if Tenant does any of the following, or allows someone else to do any of the following... endanger any other tenant/occupant or neighbor... do anything to the structure or its surroundings that may be hazardous or that will cause Landlord's insurance to be cancelled or premiums to increase... damage any part of the Premises...
    ...
    If Tenant defaults, Landlord may have any and all rights and remedies legally permitted, including, without limitation, termination of this tenancy. Landlord may, upon written notice to Tenant, terminate this Lease... regain possession of and reenter the Premises as provided by law, and Tenant and all other occupants shall surrender the Premises to Landlord... If Tenant defaults, Landlord has the right to accelerate the payment of the rent reserved for the balance of the Term of this Lease and declare said amount immediately due and payable... Landlord's rights and remedies set forth in this Lease are cumulative in nature, and not exclusive of any other right or remedy allowed by law.

    - - - Updated - - -

    The detector was hard-wired so there's no battery, but it's more about the must inform the landlord clause and the endangering other tenants/occupants/neighbors.

    After having read through MCL 600.5701-5759 (Summary Proceedings to Recover Possession), I agree with adjustorjack that MCL 600.5714(1)(d) is the only section applying to eviction for cause (violation of lease terms.)

    MCL 600.5714(1)(d) states: "When the person in possession willfully or negligently causes a serious and continuing health hazard to exist on the premises, or causes extensive and continuing physical injury to the premises, which was discovered or should reasonably have been discovered by the party seeking possession not earlier than 90 days before the institution of proceedings under this chapter and when the person in possession neglects or refuses for 7 days after service of a demand for possession of the premises to deliver up possession of the premises or to substantially restore or repair the premises." (Emphasis added)

    This section doesn't apply because there's not a continuing hazard on or a physical injury to the premises.

    So I think the question comes down to if under the lease Tenant is said to be in default, if Landlord can terminate the lease when it is prepaid, keep the prepaid money, only upon the terms of the lease... When the statute refers to a continuing issue... And since the statute doesn't discuss a non-continuing issue, whether that omission means a Landlord can't peruse termination and eviction due to a non-continuing issue and causes part of the lease to be uninforceable, or whether that omission allows the language of the lease to cause termination and eviction under a scenario not expressed in the statute.
  • 08-16-2015, 09:13 PM
    jk
    Re: Can You Be Evicted for Disconnecting a Smoke Detector
    You did disconnect the smoke detector
    you did fail to notify the landlord of an issue with the smoke detector
    you did endanger other tenant/occupants or neighbors

    remedies available for the landlord are termination of the tenancy



    I wouldn't expect to win this one if they do file to evict you.
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