This office lease clause states that in the event the tenant becomes a debtor under Chapter 7 of the federal Bankruptcy Code and the Trustee of the tenant's property or the tenant elects to assume the lease for the purpose of assigning the same or otherwise, such election and assignment may only be made if all of the terms and conditions are satisfied. If such Trustee shall fail to elect or assume the lease within sixty (60) days after the filing of the petition, the lease shall be deemed to have been rejected.
Michigan Landlord Bankruptcy Clause
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US-OL28042
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Normal wear and tear is damage that is expected when a rental unit is used in a normal way, such as gently worn carpets and faded walls. Damage is the destruction caused by abusive or negligent use of a rental unit, like ripped carpets and heavily stained walls.
CURRENT STATUS OF TENANT PROTECTIONS It prohibits housing discrimination (including rental discrimination) based on religion, race, sex, and national origin. Upon later amendment, these protections were expanded to account for disability and family status.
In Michigan, landlords are allowed to raise rent at any amount as long as it is not discriminatory or retaliatory. However, there are no state-mandated limits on rent increases, so it is up to the landlord to determine the amount of the rent increase.
In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. (see Michigan bankruptcy exemptions) Even if your property is not fully exempt, you will be able to keep it, if you pay its non-exempt value to creditors in chapter 13.
As a tenant, you have the right to pursue legal action if the landlord acts in bad faith or becomes involved in illegal acts. You also have the right to pursue legal action if the landlord discriminates against you through eviction or other means.
The general rule is that for the entire lease term, the landlord must provide housing in good repair and the tenant must pay rent. If the tenant violates a legal lease or there are other good reasons for an eviction case, the landlord can file one during the lease term.
A landlord can't force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Michigan must follow specific procedures to end the tenancy.