Can you break a lease in the first 30 days without penalty?

[milandlady]

I was foolish enough to let someone sign the lease and have the keys before paying. He checked out and seemed like the perfect tenant for my situation. But, he was unfamiliar with local mail delivery times and thus came to the signing without the money. I was to be gone that weekend and trusted him to put the check in the mailbox so that he could move that weekend. I had a signed lease, signed written agreement of when the lacking funds were to be paid, and verbal agreement that he was not to move in until the money was in my mailbox. I entrusted him to uphold his end of the deal and gave him the keys. He never paid. He can’t be reached. He put a few things up there, but I have not seen or heard from him since he signed the lease. It is as if he fell of the face of the Earth. HE hasn’t switch utilities into his name or anything.

The question is: Can I legally void an agreement, in Michigan, within the first 30 days as he has done nothing to uphold his end of it.

I don’t want to waste my time hunting money I’ll never get. He hasn’t spent the night there at all (I live below, I would know). I don’t care about fines or fees, I just want to be able to rent it out to someone else who will uphold the contract.

Quote:
21/09: Lease Law - Michigan
It is important for both the landlord and the tenant to be aware of the numerous laws that govern all aspects of the landlord-tenant relationship. The most important of these laws are:

• The Truth in Renting Act, MCL 554.631 to 641;
• Landlord Tenant Act, MCL 554.601 to 616;
• Summary Proceedings Act, MCL 600.5701 to 600.5759;
• Elliott-Larson Civil Rights Act, MCL 37.2101 to 37.2804;
• Persons with Disabilities Civil Rights Act, MCL 37.1101 to 37.1607;
• or license of residential premises / covenants / modifications, MCL 554.139; and
• for forcible entry and detainer / unlawful interference with possessory interest, MCL 600.2918.

More info:
Legal Reference Blog by Renee C. Walsh, Esq.

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Quote:
I don't know where you live but I know in Michigan, this is happening and the courts are allowing the lease break without penalty but you have to have your papers to prove the case.

More info:
Is there hope for breaking a lease on a house if I was layed off from my job? - Yahoo! Answers

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Quote:
As a landlord myself I can tell you that breaking a lease differs according to the lease itself. Read over your lease carefully, it should explain how you can go about breaking it. There is almost always some sort of penalty involved, and usually the landlord wants to know about it at least 30 days in advance.

More info:
3 Tips When You Break a Lease | Oh My Apartment

NEVER, EVER give a tenant keys and possession of a unit without getting all move in monies in certified funds (cash, money order, or certified cashiers check - never personal check). BIG mistake. Do not ever do it again. If he showed up to lease signing without the money, I'd postpone signing or delivering keys until I received the money in hand.

No you can't just break the agreement. You can give him a 7 Day Pay Or Quit notice as per MI Comprehensive Law 554.134(2). Call the clerk of court in your area and ask if this can be served by posting to the door of the residence, or if it must be served in some other manner. (Hopefully you can post to the door.) If you don't receive the money before it expires (the clerk of court can also tell you what date it expires if you give her the date of service) file to evict. KI has no statute on abandonment, so unless there is a local statute, you have to go through an eviction to get him out.

my friend signed a lease in the last 10 days, well the apt has roaches and security issues. She does not feel safe, is there a way she can get out because its the first 2 weeks? thanks

[sandyclaus]

Originally Posted by Unregistered my friend signed a lease in the last 10 days, well the apt has roaches and security issues. She does not feel safe, is there a way she can get out because its the first 2 weeks? thanks

Just as it is LLs job to make sure their ducks are in a row before allowing a tenant to take possession of a rental, the same goes with a tenant before signing a lease.

It was your friend's responsibility to know what she was getting into before committing to a lease on this rental. Roaches? Security issues? Both of these things could have easily been discovered upon inspecting the apartment, which is what she needed to do BEFORE she signed that lease. Have her check that lease. Most of them have her sign to confirm that the property is in safe & habitable condition before they take possession.

At this point, getting out of the lease is not an option. The security issues wouldn't even be a reason to validate breaking the lease. However, the roaches are something that she can address.

Her LL should have given her an inventory checklist to fill out - this is intended to take inventory of any problems, damages, or issues that exist at move-in to establish the condition of the property. If she hasn't already, have your friend complete that and include a complaint in writing about the roaches, make a copy of both, send it to LL certified mail return receipt requested. The LL needs to be put on notice of the problem and allowed to correct it before further action can be taken.