This office lease form lists the circumstances if a tenant defaults in fulfilling any of the covenants of a lease including the covenants for the payment of rent or additional rent.
Ending a Lease Through Failure of Condition in Michigan, tenants have legal rights to terminate a lease agreement if there is a failure of condition in the rental property that significantly affects their health, safety, or enjoyment of the premises. The failure of condition refers to any situation where the landlord fails to maintain the property in a habitable and livable condition, as required by law. There are different types of ending a lease through failure of condition in Michigan, each with specific requirements and procedures. They include: 1. Implied Warranty of Habitability: Under the implied warranty of habitability, landlords in Michigan are required to provide rental properties that are fit for living. This means the property should be safe, clean, and in compliance with all health and safety codes. If the landlord fails to address significant issues, such as inadequate heating, water leaks, mold growth, or infestation, tenants may have grounds to terminate the lease. 2. Notice to Landlord: When facing a failure of condition, tenants should formally notify the landlord in writing about the issues affecting the habitability of the property. The notice should provide a reasonable time for the landlord to take action to fix the problems. The exact notice period may vary depending on the severity of the issue. 3. Constructive Eviction: If the landlord fails to address the issues within a reasonable time after receiving the notice, tenants may exercise their right to constructive eviction. Constructive eviction occurs when the rental property becomes uninhabitable due to the landlord's neglect or failure to address serious defects or repairs. In such cases, tenants may choose to vacate the property without further liability for the remaining rent. 4. Legal Action: If the landlord disputes the tenant's claim of failure of condition or fails to refund the security deposit and any prepaid rent, tenants can initiate legal action against the landlord. This usually involves filing a complaint with the appropriate local court and presenting evidence of the failure of condition and the landlord's refusal to address the issue. It is important for tenants to document the failure of condition extensively. This includes taking photographs, retaining copies of correspondence with the landlord, and obtaining any necessary repair estimates or inspection reports. In summary, Michigan law provides tenants with rights to terminate a lease agreement when there is a significant failure of condition that affects the habitability of the rental property. By following the proper procedures and documenting the condition issues, tenants can protect their rights and seek a resolution to ensure a safe and livable living environment.
