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Michigan Letter from Tenant to Landlord containing Notice to landlord to withdraw improper rent increase during lease

State:
Michigan
Control #:
MI-1053LT
Format:
Word; 
Rich Text
Instant download

Description

This is a notice provided by the Landlord to Tenant explaining that once the lease term has expired Tenant has the option of vacating the premises or remaining on the premises provided that they abide by the posted rent increase.
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FAQ

Every time the tenancy ends legally, the notice to quit also expires. This is valid when the tenancy is renewed for either a new fixed term or a new periodic tenancy. When the rent is increased or decreased, a new tenancy has to be issued, so any notice served is deprecated.

Unfortunately that is not the case. Once a break notice has been served is cannot be unilaterally withdrawn. Even if both parties agree that the notice is withdrawn, service of the notice terminates the existing lease and creates a new tenancy by implication. There are a number of consequences that flow from this.

Pay any delinquent rent that is due to the landlord within the allotted time of the notice. Move out of the premises within the allotted time of the notice. File an answer with the judicial court. File a motion to stay with the court.

Name of Tenant and Other Persons who need to comply with the order or vacate the property. Address of the Rental Property in Michigan. Reason for ending the Michigan Rental Agreement. Number of days the Tenant has to correct the issue.

I am giving 1 month's notice to end my tenancy, as required by law. I will be leaving the property on (date xxxxx). I would like you to be at the property on the day I move out to check the premises and for me to return the keys. I also need you to return my tenancy deposit of (state amount).

Address the letter to the exact name on the tenancy agreement. Inform the tenant of the eviction. Be plain and concise. State the reasons for the eviction. Be sure to include the specific time of eviction. Ensure to get a copy of the letter. Serve the notice.

Pay any delinquent rent that is due to the landlord within the allotted time of the notice. Move out of the premises within the allotted time of the notice. File an answer with the judicial court. File a motion to stay with the court.

Surprisingly, this is not the case. In fact, once a break notice has been validly served it cannot be withdrawn; service of the notice effectively terminates the existing lease and creates a new tenancy by implication if the tenant remains in occupation past the break date (Tayleur v Wildin (1867-68) LR 3 Ex 303).

Unfortunately that is not the case. Once a break notice has been served is cannot be unilaterally withdrawn. Even if both parties agree that the notice is withdrawn, service of the notice terminates the existing lease and creates a new tenancy by implication. There are a number of consequences that flow from this.

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Michigan Letter from Tenant to Landlord containing Notice to landlord to withdraw improper rent increase during lease