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Rezaxis
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Posted: Mon Jun 9th, 2008 04:16 pm |
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I haven't been in here for a week or two. Thanks for all the great replies.
To comment on using the Tenant and Landlords booklet as a source for a lease to use in Michigan:
I found the lease contained there to be lacking. It was written years ago by law students (read tenents) and was then scanned by the Michigan Legislature for errors before printing. Just because it's in that publication is no indication of it's value to a LL. I don't use it.
I've been plugging holes in my lease from day one. It's become almost a ponderous and apparently oppressive document. I would like to rent with a handshake, but my world, and the people in it, do not work that way.
My latest issue was accepting payment on behalf of the tenants from an insurance company. This company was paying their rent while the tenants rebuit their burned down home. I thought this was a good thing at the time. But no.
The ins co would sign no papers. They went out of their way to make sure there was no written agreement with me. So I had a contract with tenants who paid no rents and a company that was paying rents, including the security deposit, with no contract requiring them to pay.
It is ending now... badly. In a effort to force me to throw the tenants out before their house was rebuilt, alowing the the ins co to stop paying the rent, the ins co would send vacate notices every month, then ask for an extention of the vacate notice. They appeared to be operating under the guise of representing the tennants, but they were only representing them selves. They wanted me to find new tenants before the people could move back into their old home, then force them out. Making me the bad guy. I was doing the tenants a favor by NOT finding new tenants, but they didn't see it that way. Finally the ins co sent a notice saying they were no longer going to pay rents after a certain date. The tenants still had no home to return to. When the tenants found out they had to pay to stay, they got mad... AT ME. They caused 3 x's the amount of the security deposit in damages and abandoned the place. The tenants walked away form the security deposit because they never paid it anyway, and the ins co has tried to act like I owe them something even though I never had a written agreement with them. F'em.
My newest lease does not allow monies to be accepted from any source other than from those who are signatory to the lease agreement. I really don't care to know where my rent monies come from. Unless it's from some illegal enterprise it's none of my business.
I've also taken a no excuses policy. There is a legal procedure to remove tenants. At best it takes about six weeks. That process is clearly explined in the lease agreement. That process now procedes without delay no matter what the tenants story might be. I've found that to listen to anything the tenant might say just delays an already lengthy process.
It's too bad really.
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OH landlord
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Posted: Mon Jun 2nd, 2008 08:48 pm |
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SBLOhio, I have a few questions with your notice listed herein. First, why are you giving them a 5 day grace period when there is no state statute for a grace period, and you may legally charge late fees on the 2nd of the month? And why only 5%? (I charge a flat 10% due on the 2nd each month.) And why is your late fee not listed as additional rent (so you can later evict for it if not paid)? Or perhaps you left that part out.
The notice to vacate is right on. Be aware though, that local case law in some areas has held that it doesn't have to be in writing to stand up in court. Keep in mind that state law only says they have to give 30 days notice prior - it doesn't say it has to be written. (Yeah, we all try to get it in writing, but it doesn't always work that way, does it?) I don't grant extensions to vacate since it interferes with the process of showing and re-renting the unit. I don't want to screen a tenant and approve him, only to have to back out before we sign a lease. And you should never sign the lease before the old tenant vacates, since you are still responsible for that lease if the old tenant doesn't vacate.
Also, you can never force a tenant to forfeit the deposit in OH. State courts allow only actual damages that you must itemize from a deposit. You cannot just keep a deposit because a tenant failed to give notice properly. You may deduct lost rent or damages. If you re-rent it within the month, you must prorate the lost rent for only the period when it was vacant.
And, of course, you know that in order to increase rent during the month to month period, you must give written notice to the tenant before the rent increase is to take effect. While the state statute doesn't define the amount of notice required, some local courts here have decided that we must give 30 days notice prior to the increase.
We do have to have detailed leases and agreements here. Mine is 6 pages, plus the rules, the lead statement, the condition statement, the tenant rules, a copy of the state smoking ban (yes we try to be smoke free units since we all know what damage that causes), etc.
One last question, do you have a definition of abandonment written into your agreement since there isn't one in state law?
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Yolanda
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Posted: Sun Jun 1st, 2008 05:42 pm |
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| Another option would be to pick up a lease from the Michigan Apartment Association or landlord/tenant organization and use their wording. Substitute month to month for a one year lease. I am moving to Michigan shortly, and will be doing the same thing as I am not familiar with state statutes or local law. You can also google month to month forms for your state and see what you come up with. Good luck with writing your lease!
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SBLOhio
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Posted: Wed May 28th, 2008 01:52 pm |
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Our forms tend to be very detailed, because we've been screwed by tenants and we try to avoid it by adding text to cover us in the future. Our company has leased apartments in Ohio for decades. Here is a sample of our month-to-month agreement (be sure the person's name and address are typed at the top, and a space for the signing date is provided):
You have elected to remain as Tenant of Apt. #XXX at (building name), at (address) in Cleveland, Ohio on a month-to-month basis effective XX/XX/XX. The expiration date of this agreement is XX/XX/XX.
Your monthly rental rate will be $XXX.00 under this agreement. This rate includes a $XX increase of the monthly rental rate for the apartment. Rent is due on the first day of each month. Please note that any rent paid after the fifth day of the month in which it is due will incur a late fee of Twenty-Five Dollars ($25) or Five Percent (5%) of the month's rent, whichever is greater, and is payable immediately. In the unlikely event that there will be a rental rate increase during the month-to-month leasing period, Landlord will notify you prior to the commencement of the new rate.
This agreement is hereby incorporated with your current lease, and the conditions and terms of your lease will remain in force for the entire leasing period – except for the duration, the total sum of the rent due, the monthly rental rate, and the requirements regarding notification of termination, all of which are superseded by this agreement regardless of signatures. A copy of the building Rules and Regulations is attached and is incorporated with your lease as well.
You must notify the Landlord in writing of the date you wish to vacate as described below, or you will forfeit your security deposit. Your signature on this lease agreement will serve as your notification that you will vacate the apartment before or upon the expiration of the agreement. Either party (Landlord or Tenant) may terminate tenancy at the end of any month included in the month-to-month leasing period with the submission of a written notice to the other party 30 days prior to the intended date of termination, stating the intent to terminate the lease and the date of the intended termination. (Ex.: If one party of the agreement wishes to terminate the rental agreement on September 30, a written notice of termination must be submitted to the other party prior to September 1.) You may request a further extension of this agreement 30 days or more prior to the expiration date.
If you do not sign a renewal lease agreement to commence immediately upon the expiration of this month-to-month agreement to retain occupancy of the apartment, but you remain in possession of the leased premises or any part thereof (including keys), terms of this agreement, possibly with an increased monthly rent charge to be determined by the Landlord, shall be extended for consecutive 1-month periods until the premises is vacated and all property is returned to the Landlord, and you may forfeit your security deposit. Should the Landlord lease the apartment to another tenant, you agree to remit all amounts due on your account and vacate the apartment prior to the commencement of the new tenant's lease.
You must notify us in writing to request any changes to the leasing terms. Please be aware that we will be showing your apartment to prospective renters and buyers during the month-to-month leasing period, in an effort to secure a new resident for the unit upon the termination of this agreement. Our staff will provide you with sufficient advance notice of showings. Should the Landlord lease the unit to another tenant upon the termination of this agreement, you agree to remit all amounts due on your account and vacate the apartment prior to the end of the month of the commencement of the new tenant's lease.
Please indicate your agreement with the terms of this letter by signing your name below, and return this letter to our office for Mr. Schmelzer's signature. To receive a copy in return with original signatures, please sign and send us both enclosed copies.
Acknowledged: Agreed:
We always cut and paste text to fit the specific situation, and we try to think of every possible scenario to cover us. The tenant should sign a full lease, and this text would be an attachment to that lease. It's probably a good idea to consult your state's tenant's organizations or maybe a lawyer to see if your documents comply with state law. Read about state laws, too, so you know you're handling it correctly.
Last edited on Wed May 28th, 2008 01:54 pm by SBLOhio
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Rezaxis
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Posted: Mon May 26th, 2008 04:41 am |
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That's the kind of information I was looking for and thank you very much.
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OH landlord
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Posted: Sun May 25th, 2008 11:28 pm |
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I use the same form for leases or month to month agreements. The only difference is that on the top is a couple of boxes to check for each type. Under the initial term it states that the agreement will start on _____________ date and continue monthly as stated in the term clause below.
[ ] Month to Month Agreement or [ ] Term Lease
1. TERM The term hereof shall commence on ____________________________________, 20____.
(check one of the following):
[ ] Until _______________________________________ , 20_____. OR
[ ] Either shall terminate the same by giving the other party 30 days written notice delivered in person or by U.S. mail, provided that tenant agrees not to terminate prior to the expiration of ________ months. Tenant agrees to cooperate with Owner in the showing of the premises for sale or re-rental and agrees to make premises accessible and in "show condition" once notice is given to vacate.
If it is a term lease, I write the end date in the first checked line's blank. If it is a month to month I merely check the second box, write one month in the line, and check the box at the top saying Month to Month. Later in the lease there is a clause that says either party must give 30 days notice regardless of the type of agreement or length of term.
Hope this helps.
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Rezaxis
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Posted: Fri May 23rd, 2008 04:46 am |
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Hi,
I have a single family home in Michigan that is in between tenants right now. From reading this site, I would like the next tenancy to start right off being a month to month tenancy.
Unless, someone here would convince me otherwise of course.
Now is the time for me to make the changes to my lease agreement. Would some one here please post the verbiage related to this type of lease agreement? I just need the parts specifically laying out the month to month part. I know I'm asking you to maybe give up some legal wordings that you might have paid for, and I have nothing to offer in return but my thanks, but I gotta ask.
So how about it? If you can help me out I'll post some horror stories about being a LL in MI! On second thought maybe that wouldn't be very entertaining here.
Rez
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