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  1. #1
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    Default 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.

  2. #2
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    Default Re: Can You Be Evicted for Disconnecting a Smoke Detector

    Quote Quoting crystalmi
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    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.

  3. #3
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    Default 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.

  4. #4
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    Default Re: Can You Be Evicted for Disconnecting a Smoke Detector

    adjusterjack - Thanks, I'll be looking through those statutes soon.

    Quote Quoting jk
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    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?

  5. #5
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    Default Re: Can You Be Evicted for Disconnecting a Smoke Detector

    Quote Quoting crystalmi
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    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

  6. #6
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    Default Re: Can You Be Evicted for Disconnecting a Smoke Detector

    Quote Quoting crystalmi
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    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
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    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?

  7. #7
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    Default Re: Can You Be Evicted for Disconnecting a Smoke Detector

    Quote Quoting jk
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    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
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    but when would evicting a person for creating a life threatening condition be excessive?
    When it didn't happen.

  8. #8
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    Default 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...

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