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  1. #11
    Join Date
    Feb 2020
    Posts
    592

    Default Re: Being Harassed, Need to Break Lease

    Quote Quoting JenniN
    View Post
    I have to agree with PayrolGuy. You reference disclosure requirements in a real estate transaction as the basis for your point of view on this issue but as a real estate agent and landlord in the state of MI, the disclosure form asks no questions with regards to the behavior of neighbors. Agents and landlords are not required to provide any sort of warnings about the neighbors. While I agree that the original poster is in a tough spot, if I were her landlord, I would give the same advice her landlord already has, to call the police and make a report and also call the city about the condition of the neighbors yard. Unfortunately, the situation as described is not enough to break the lease.
    Quote Quoting flyingron
    View Post
    Your understanding is by and large wrong.
    Ah, you might want to read Michigan law before advising that this tenant has no case and does not have a right to break their lease.

    The Revised Judicature Act of 1961, Act 236, Chapter 57 provides that possession of the premises is not to be granted if a tenant has complained to a government agency or exercised their rights under the rental agreement. The demand for possession cannot be an act of retribution against the tenant for joining a tenant group or for other reasons specified in the act. If recovery of the premises is granted for legitimate reasons, the judge normally issues a writ of restitution, makes a determination if past due rent or other monies are due to the landlord and determines the exact amount due. Tenant under apprehension of danger If a tenant or the tenant’s children are victims of or in danger, 554.601(b) specifies that “a tenant shall be released from his or her rental payment obligation in accordance with the requirements of this section after submittal of written notice of his or her intent to seek a release and written documentation that the tenant has a reasonable apprehension of present danger to the tenant or his or her child from domestic violence, sexual assault, or stalking.” The tenant must provide notice by certified mail.

    If the rental agreement does not contain a statement that a tenant in danger may have statutory rights to seek a release of rental obligation under this statute, the landlord is required to post the notice in a visible location in the property management office or to provide written notice to each tenant when the lease is signed.

    Michigan Tenant Screening allows you the opportunity to weed out unqualified prospective tenants, while Michigan Landlord Forms provides you with essential forms under Michigan Landlord Tenant Law. Abide by your rights and responsibilities to increase the likelihood of a smooth landlord tenant relationship.​The Revised Judicature Act of 1961, Act 236, Chapter 57 provides that possession of the premises is not to be granted if a tenant has complained to a government agency or exercised their rights under the rental agreement. The demand for possession cannot be an act of retribution against the tenant for joining a tenant group or for other reasons specified in the act. If recovery of the premises is granted for legitimate reasons, the judge normally issues a writ of restitution, makes a determination if past due rent or other monies are due to the landlord and determines the exact amount due. Tenant under apprehension of danger If a tenant or the tenant’s children are victims of or in danger, 554.601(b) specifies that “a tenant shall be released from his or her rental payment obligation in accordance with the requirements of this section after submittal of written notice of his or her intent to seek a release and written documentation that the tenant has a reasonable apprehension of present danger to the tenant or his or her child from domestic violence, sexual assault, or stalking.” The tenant must provide notice by certified mail.

  2. #12
    Join Date
    Aug 2018
    Posts
    17

    Default Re: Being Harassed, Need to Break Lease

    Quote Quoting Harold99
    View Post
    Ah, you might want to read Michigan law before advising that this tenant has no case and does not have a right to break their lease.

    The Revised Judicature Act of 1961, Act 236, Chapter 57 provides that possession of the premises is not to be granted if a tenant has complained to a government agency or exercised their rights under the rental agreement. The demand for possession cannot be an act of retribution against the tenant for joining a tenant group or for other reasons specified in the act. If recovery of the premises is granted for legitimate reasons, the judge normally issues a writ of restitution, makes a determination if past due rent or other monies are due to the landlord and determines the exact amount due. Tenant under apprehension of danger If a tenant or the tenantís children are victims of or in danger, 554.601(b) specifies that ďa tenant shall be released from his or her rental payment obligation in accordance with the requirements of this section after submittal of written notice of his or her intent to seek a release and written documentation that the tenant has a reasonable apprehension of present danger to the tenant or his or her child from domestic violence, sexual assault, or stalking.Ē The tenant must provide notice by certified mail.

    If the rental agreement does not contain a statement that a tenant in danger may have statutory rights to seek a release of rental obligation under this statute, the landlord is required to post the notice in a visible location in the property management office or to provide written notice to each tenant when the lease is signed.

    Michigan Tenant Screening allows you the opportunity to weed out unqualified prospective tenants, while Michigan Landlord Forms provides you with essential forms under Michigan Landlord Tenant Law. Abide by your rights and responsibilities to increase the likelihood of a smooth landlord tenant relationship.​The Revised Judicature Act of 1961, Act 236, Chapter 57 provides that possession of the premises is not to be granted if a tenant has complained to a government agency or exercised their rights under the rental agreement. The demand for possession cannot be an act of retribution against the tenant for joining a tenant group or for other reasons specified in the act. If recovery of the premises is granted for legitimate reasons, the judge normally issues a writ of restitution, makes a determination if past due rent or other monies are due to the landlord and determines the exact amount due. Tenant under apprehension of danger If a tenant or the tenantís children are victims of or in danger, 554.601(b) specifies that ďa tenant shall be released from his or her rental payment obligation in accordance with the requirements of this section after submittal of written notice of his or her intent to seek a release and written documentation that the tenant has a reasonable apprehension of present danger to the tenant or his or her child from domestic violence, sexual assault, or stalking.Ē The tenant must provide notice by certified mail.

    Yes but there are other requirements that the tenant must also meet and you seemed to have left out that entire section. For example, providing a written police report or being granted a PPO. Simply telling the landlord "I think I am in danger or the neighbor told me not to move in" is not enough. The original poster stated that he/she did not expect any results from calling the police so I am not sure how he/she would meet the requirement for the additional documentation that would be needed.

  3. #13
    Join Date
    Sep 2010
    Posts
    19,840

    Default Re: Being Harassed, Need to Break Lease

    I did read Michigan law, Harold. In fact, the clause you are grasping at I specifically mentioned in my previous answer, but as usual you fail to read or comprehend. Having trash dumped on your driveway doesn't rise quite to the level of these things in the statute. Obviously, it's possible that such coiuld be a result of a further escallation, but right now, the mear apprehension that this might happen in the future isn't going to cut it.

    The poster is advised to continue to press the case with the landlord (and his agent). If they feel they are unsafe, certainly move and argue the issue in court in the rare case that the landlord decides to come after them for more than the money they're already willing to abandon.

  4. #14
    Join Date
    Jan 2008
    Posts
    249

    Default Re: Being Harassed, Need to Break Lease

    Quote Quoting Harold99
    View Post
    But this is a case of stalking and potential violence.

    I would demand all my money back and not listen to a word of objection from the landlord/owner. If they refused to return it all, then let a judge decide. A property must be safe to live in, which this property can be proven not to be.

    You should take a lot of photos and maybe even video of encounters with this person. Having the video and photo evidence might be all it takes to make the landlord back down...knowing that evidence can be presented to a judge.

    Intimidation and preparation is nine-tenths of the law.
    The Op never mentions your "stalking " allegation and "potential" violence is not actionable. Your advise reckless as usual.

  5. #15
    Join Date
    Jan 2011
    Posts
    370

    Default Re: Being Harassed, Need to Break Lease

    I would move in and install video cameras that save footage for several days before it is overwritten. That way if the neighbor engages in further shenanigans there will be evidence for the cops or to obtain a restraining order.

    Also if the video shows the neighbor vandalizing the home, then you can turn that over to the landlord so he can go after the neighbor for repair costs instead of that coming out of your security deposit.

  6. #16
    Join Date
    Feb 2020
    Posts
    592

    Default Re: Being Harassed, Need to Break Lease

    This is why I don't supply links to laws. They don't mean squat to people that don't want to believe them.

    You folks are about wanting others to feel hopeless and guilty and nothing is going to change that weird fetish. Funny pg1067 hasn't come by and said 'the law is void because of punctuation or syntax.' Or Jack saying 'you made your bed, now sleep in it.'

    Quote Quoting lill
    View Post
    Your advise reckless as usual.
    Your advice, hopeless as usual.

  7. #17
    Join Date
    Oct 2016
    Posts
    4,206

    Default Re: Being Harassed, Need to Break Lease

    Quote Quoting Harold99
    View Post
    This is why I don't supply links to laws. They don't mean squat to people that don't want to believe them.
    Because you can't understand them. And you seem to be the only person that doesn't want to believe them.

  8. #18
    Join Date
    Feb 2020
    Posts
    592

    Default Re: Being Harassed, Need to Break Lease

    Quote Quoting PayrolGuy
    View Post
    Because you can't understand them. And you seem to be the only person that doesn't want to believe them.
    Wait, let me guess, the OP is screwed and has no way out, right? And should sign up for karate classes along with applying for a concealed carry permit? Oh, and to invest in barbed wire and a surveillance system on a rental property. And pay to have a lawyer on retainer. But by no means should the OP stand up to the potentially ignorant landlord due to rights of retention and never taking occupancy.

    What a pass-time...telling people they are screwed. Oh, and stalking me online.

  9. #19

    Default Re: Being Harassed, Need to Break Lease

    Well idk who is correct, but i appreciate the discussion.
    The situation has favorably resolved;
    The rental company agreed to break the lease in exchange for the 1st months rent and security deposit.
    I thoughy this was fair as its possible they couldve comtinued to accrue rent and then potentially sue and place an eviction on my credit report.
    Perhaps i wouldve won in court, but this is much less hassle.

  10. #20
    Join Date
    Oct 2016
    Posts
    4,206

    Default Re: Being Harassed, Need to Break Lease

    Quote Quoting Chickenman0710
    View Post
    Well idk who is correct, but i appreciate the discussion.
    The situation has favorably resolved;
    The rental company agreed to break the lease in exchange for the 1st months rent and security deposit.
    I thoughy this was fair as its possible they couldve comtinued to accrue rent and then potentially sue and place an eviction on my credit report.
    Perhaps i wouldve won in court, but this is much less hassle.
    I'm glad it worked out for you.

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