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Missfere · Jan 30, 2015, 11:39 AM

I live in Michigan. I have been with the same landlord for 5 years in February. I signed a lease for 1 year and then had to find better living arrangements. The landlord had another house come up and allowed me to move in 1 year after moving into the other house. I moved into the new house with no lease for the new address. The first question is where did my security deposit go? Was it transferred to the new house?
Okay now that I have been living in this new house four years things have been going wrong such as mold growing in closets and under tiles in bathroom. She has attempted to paint over the mold two times saying that its not mold and spray it with bleach and wipe it off. The patio door has shattered and she doesn't want to replace it saying it cost money to repair. Just last month she attempted to repaint over the mold and said if it happens again she is going to have to replace the drywall in the spring. Lately it has been cold and the heat has been on 85 and it is blowing out cold air. She said it is because it is forced air but I'm cold. Should I be paying her rent for another month If I have decided to move within 2 weeks. Can she bring eviction charges against me if I don't pay her for next month and take two weeks to move? ( I never been late paying rent in the whole five years). What should I do to her?

AK lawyer · Jan 30, 2015, 12:08 PM

Can she bring eviction charges against me if I don't pay her for next month and take two weeks to move?

Depends on how much notice a month-to-month tenant is required to give in Michigan. In most places, it's 30 days, so you had best give her a 30-day written notice (or whatever period of notice Michigan requires for a month-to-month tenant to terminate) immediately (Note, 30 days from today will be March 1).

But it appears that you may be under the 1-year lease, with a subsequent oral agreement to amend the lease to change the premises. In that case, you would be obligated for the full term of that lease. By the same token, it appears to me that the security deposit would carry-over.

Although, while she is probably in breach for failure to fix the mold (a health-threatening condition), I think the patio door (assuming you mean from the patio to the yard, not from the house to the patio) is only a convenience, and so failure to repair would not be a breach. Thus, if you can establish a breach,and you give due notice to repair, you could get out of any lease (or perhaps required month-to-month notice) that may apply.

Fr_Chuck · Jan 31, 2015, 03:09 AM

I agree that you were under the one year lease, and both agreed to move that lease to the new building. You can not just not pay, or yes, they can file for eviction.
You are to give proper notice and have rent paid till the date you move.

If you are going to move, talk to the landlord and work out proper agreement to move.

ScottGem · Jan 31, 2015, 08:24 AM

MI has a PDF booklet online with the rules. Search on Michigan Landlord Tenant laws to find it. Termination notice periods are governed by local laws so you need to check for your community. The booklet does list what you need to do to get proper repairs.

The security should have been transferred to the new rental.