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Can You Be Evicted for Disconnecting a Smoke Detector

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  • 08-16-2015, 09:15 PM
    crystalmi
    Re: Can You Be Evicted for Disconnecting a Smoke Detector
    Quote:

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

    I don't see a reference in the Michigan statute allowing eviction for violation of terms in the lease, that are not expressed in the statute, (i.e. a continuing hazard/injury.)

    Granted, I don't see the statute limiting termination of the lease or eviction to causes expressed in the statute, either...
  • 08-16-2015, 09:17 PM
    jk
    Re: Can You Be Evicted for Disconnecting a Smoke Detector
    Quote:

    Quoting crystalmi
    View Post
    I don't see a reference in the Michigan statute allowing eviction for violation of terms in the lease, that are not expressed in the statute, (i.e. a continuing hazard/injury.)

    Granted, I don't see the statute limiting termination of the lease or eviction to causes expressed in the statute, either...

    the lease allows for it so as long as statute does not prohibit it, it is an available remedy.
  • 08-16-2015, 10:15 PM
    adjusterjack
    Re: Can You Be Evicted for Disconnecting a Smoke Detector
    Quote:

    Quoting crystalmi
    View Post
    I don't see a reference in the Michigan statute allowing eviction for violation of terms in the lease, that are not expressed in the statute, (i.e. a continuing hazard/injury.)

    Granted, I don't see the statute limiting termination of the lease or eviction to causes expressed in the statute, either...

    I agree that the lease provision governs as long as the provision is not prohibited by the statute.

    However, I would still like to read the complete smoke detector provision of the lease and I'm sure JK would like to see it, too.

    Please quote it word for word.
  • 08-16-2015, 11:17 PM
    crystalmi
    Re: Can You Be Evicted for Disconnecting a Smoke Detector
    Quote:

    Quoting adjusterjack
    View Post
    I agree that the lease provision governs as long as the provision is not prohibited by the statute.

    However, I would still like to read the complete smoke detector provision of the lease and I'm sure JK would like to see it, too.

    Please quote it word for word.

    Posted just a short while ago: http://www.expertlaw.com/forums/show...931#post904931

    I made two posts which it combined. The part above the auto-inserted "Updated" is the lease language. The ellipses only omit totally irrelevant stuff, like listing other default'able offenses. (Otherwise it's a 20 page lease.)
  • 08-16-2015, 11:36 PM
    Mr. Knowitall
    Re: Can You Be Evicted for Disconnecting a Smoke Detector
    Quote:

    Quoting crystalmi
    View Post
    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.)

    You missed this one: "(i) After termination of the lease, pursuant to a power to terminate provided in the lease or implied by law."
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