Need Help Immediately

[phaquetoo]

for the first time ever I see the emoticons have come alive. what gives?

I cant see any ones signaure, including my own, do we have them? can any one see one at the bottom of peoples posts?

 

If a land lord has a lease and it prohibits you from painting or wall papering or any changes w/o their approval it is breaking the lease, if a land lord puts on the lease no smoking, no pets it is cause for eviction,If you do either,  if they write no mmj or growing on there property you are breaking the lease! You can fight it in court and not get into trouble, I would bet any one a months pay if it is in a written lease that you cant do something and you do it you will be evicted,,,,,,they will issue a 10 day notice to quit, if you dont leave they will file with the court and the judge may give you 30 days to vacate, unless it took months for the court to do the case than they may only give you 10 days, there was a law about winter time and kids, it takes a lill longer for people with kids who are getting evicted, but a property manager I knew got people out in 30 days no prob in dec right before christmas, people dont leave the county sheriff deputizes 10 guys and your stuff is moved out of the apt and put to the road!

 

Peace

 

Peace

[GregS]

as long as mj is scheduled by the feds as is currently, anyone know what could prevent a landlord from asking a tenant to agree not to break any federal laws while in the lease?

The Justice Department and Congress have both said that those laws will not be enforced. It remains to have them rescinded.

[GregS]

I cant see any ones signaure, including my own, do we have them? can any one see one at the bottom of peoples posts?

 

If a land lord has a lease and it prohibits you from painting or wall papering or any changes w/o their approval it is breaking the lease, if a land lord puts on the lease no smoking, no pets it is cause for eviction,If you do either,  if they write no mmj or growing on there property you are breaking the lease! You can fight it in court and not get into trouble, I would bet any one a months pay if it is in a written lease that you cant do something and you do it you will be evicted,,,,,,they will issue a 10 day notice to quit, if you dont leave they will file with the court and the judge may give you 30 days to vacate, unless it took months for the court to do the case than they may only give you 10 days, there was a law about winter time and kids, it takes a lill longer for people with kids who are getting evicted, but a property manager I knew got people out in 30 days no prob in dec right before christmas, people dont leave the county sheriff deputizes 10 guys and your stuff is moved out of the apt and put to the road!

 

Peace

 

Peace

Point being the protection of our civil rights. A lease prohibiting medical use is flatly illegal per disability law.

 

PERSONS WITH DISABILITIES CIVIL RIGHTS ACT (EXCERPT)

Act 220 of 1976

 

37.1502 Owners, persons engaging in real estate transactions, real estate brokers, and real estate salesmen; prohibited conduct.

 

Sec. 502.

(1) An owner or any other person engaging in a real estate transaction, or a real estate broker or salesman shall not, on the basis of a disability of a buyer or renter, of a person residing in or intending to reside in a dwelling after it is sold, rented, or made available, or of any person associated with that buyer or renter, that is unrelated to the individual's ability to acquire, rent, or maintain property or use by an individual of adaptive devices or aids:

 

(a) Refuse to engage in a real estate transaction with a person.

 

(b) Discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection with a real estate transaction.

 

© Refuse to receive or fail to transmit a bona fide offer to engage in a real estate transaction from a person.

 

(d) Refuse to negotiate for a real estate transaction with a person.

 

(e) Represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is available, fail to bring a property listing to a person's attention, refuse to permit a person to inspect real property, or otherwise deny or make real property unavailable to a person.

 

(f) Make, print, circulate, post, or mail or cause to be made or published a statement, advertisement, or sign, or use a form of application for a real estate transaction, or make a record of inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination with respect to a real estate transaction.

 

(g) Offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection with a real estate transaction.

 

(h) Discriminate against a person in the brokering or appraising of real property.

 

(2) A person shall not deny a person access to or membership or participation in a multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting real property, or discriminate against a person in the terms or conditions of that access, membership, or participation.

History: 1976, Act 220, Eff. Mar. 31, 1977 ;-- Am. 1992, Act 123, Imd. Eff. June 29, 1992 ;-- Am. 1998, Act 20, Imd. Eff. Mar. 12, 1998

[GregS]

as long as mj is scheduled by the feds as is currently, anyone know what could prevent a landlord from asking a tenant to agree not to break any federal laws while in the lease?

For reasons found in TerBeek.

[GregS]

I cant see any ones signaure, including my own, do we have them? can any one see one at the bottom of peoples posts?

 

If a land lord has a lease and it prohibits you from painting or wall papering or any changes w/o their approval it is breaking the lease, if a land lord puts on the lease no smoking, no pets it is cause for eviction,If you do either,  if they write no mmj or growing on there property you are breaking the lease! You can fight it in court and not get into trouble, I would bet any one a months pay if it is in a written lease that you cant do something and you do it you will be evicted,,,,,,they will issue a 10 day notice to quit, if you dont leave they will file with the court and the judge may give you 30 days to vacate, unless it took months for the court to do the case than they may only give you 10 days, there was a law about winter time and kids, it takes a lill longer for people with kids who are getting evicted, but a property manager I knew got people out in 30 days no prob in dec right before christmas, people dont leave the county sheriff deputizes 10 guys and your stuff is moved out of the apt and put to the road!

 

Peace

 

Peace

Signature options are in your profile.

 

State Disibility Law renders it illegal that any one within our protected class be required to sign one that prohibits medical use for your disability. Criminal civil rights charges can be brought against that landlord. Schuette would have to, ahem, prosecute the case.

 

I have a dweam.

Edited January 2, 2015 by GregS

[trichcycler]

the feds are indeed continuing to enforce their marijuana laws in the U.S. The Feds however are not in the game to harass tenants and landlords.

As long as this drug remains illegal to the feds,  I believe a landlord will be able to include its restricted use/ cultivation, or possession in his property lease, and insurance policies too.

No landlord will be forced to allow indoor marijuana gardening in his rented home  I bet.

A landlord has no way to verify the validity of a marijuana card for thought, and perhaps little protection from seizure if things went wrong.

I do not believe necessarily that this is a good thing.

 

 

 

 I do wonder however if a blind man was to apply to a "no pets" facility,........and was denied an apartment because he had a dog....

or became blinded while renting, and needed a dog........

Edited January 5, 2015 by grassmatch

[YesMichigan]

the feds are indeed continuing to enforce their marijuana laws in the U.S. The Feds however are not in the game to harass tenants and landlords.

As long as this drug remains illegal to the feds,  I believe a landlord will be able to include its restricted use/ cultivation, or possession in his property lease, and insurance policies too.

No landlord will be forced to allow indoor marijuana gardening in his rented home  I bet.

A landlord has no way to verify the validity of a marijuana card for thought, and perhaps little protection from seizure if things went wrong.

I do not believe necessarily that this is a good thing.

 

 

 

 I do wonder however if a blind man was to apply to a "no pets" facility,........and was denied an apartment because he had a dog....

or became blinded while renting, and needed a dog........

 

They run this PSA often on the AM stations I listen to. Reasonable accommodations MUST be made for service animals. Failure to do so will make a renter subject to penalty under State and Federal law.

 

Your first part regarding why renters can write the clause in is spot on (imho of course) in that a person can't be forced to participate in an illegal act as defined by the United States of America. By providing the space to grow the renter could be considered complicit and a beneficiary of any proceeds obtained through the illegal venture.

Edited January 6, 2015 by YesMichigan

[mmurphy169]

I apologize for this coming so late an it is probably to late to help cbenton, but just some facts on the law for anyone else who might find themselves in trouble with their landlord...or a landlord who has trouble with their tenant.

 

First off, a lease does not have to be in writing, this seems to be a very common misconception in regards to all contracts, not just leases. The only time a lease MUST be in writing is if the lease period agreed upon will span more then a year, then you run into what in contract law is called the statute of frauds( in Michigan it is covered under MCL 566.106). but anyway, if you agree verbally with a person that you will stay at a given address and pay $300 on the first of the month then you have created a lease…the question is whether you can prove it. And if you have stayed there for a few months and paid the said rental amount then you will have a good argument in court that you had agreed upon those terms…otherwise why were you there and paying the person. But remember, those are the only terms agreed upon…a fundamental pillar of contract law (which a lease falls under) is that a party to a contract is only liable for what they have actually agreed upon in the contract. If there was no written lease then a landlord cannot say you violated a lease term that didn’t exist. So, for example, if you adopt a pet and then the landlord says you violated the lease by doing so, that is only applicable if there was actually a lease term stating you could not have a pet in the premises. The landlord cannot make up terms to the lease. Obviously, it is much safer to have a lease in writing so that there are no arguments about what the two parties agreed to at the time the lease was created.

 

Now, if you are still reading and understand all this babble, all leases created in Michigan are subject to the Michigan Truth in Renting Act(MCL 554.631-641)…ALL LEASES, even those created by governmental entities and universities. There is no person, no corporation, no entity, in Michigan that is exempt from the Truth in Renting Act. It would be advisable for every tenant and landlord to familiarize themselves with this Act because it declares that certain lease terms are strictly forbidden, no waivers are allowable. PEROID. If a lease contains terms that are forbidden by the Truth in Renting Act then the landlord could be penalized for just having them in the lease. Now there are some procedural guidelines for how a landlord can be held liable for including those terms and, like all aspects of the law, those procedures must be strictly followed. If you think your lease has terms that are forbidden under the Truth In Renting Act you should talk to legal aid services and I will digress from that right now.

 

So anyway, I will try not to babble on to much more…the biggest issues are landlords terminating leases early and then evictions. If you have a year-long or other fixed-term lease, the landlord may only terminate the lease early in limited circumstances. This is true for all landlords…I know from personal experience that Michigan State University acts as though they do not have to follow the laws governing landlord-tenant relations, so if you live on MSU or another University remember, THERE IS NO EXCEPTION TO THIS FOR THEM. Right, so if it is a fixed-term lease than the landlord may terminate the lease for failure to pay rent, illegal activity, or violations of a lease term AND THE LEASE TERM STATES THAT VIOLATION COULD RESULT IN TERMINATION OF THE LEASE. For periodic or at will leases—such as month-to-month leases, the landlord or tenant may terminate the lease, for any reason, if they SERVE PROPER NOTICE AT LEAST ONE RENTAL PERIOD PRIOR TO TERMINATION…so for a month-to-month the landlord must provide proper notice one month before the lease will legally be considered terminated. You can see how much more protection there is for a tenant to have a long fixed-term lease…but remember that the tenant is legally obligated to pay the rental amount every month unless the lease is terminated for legally valid reasons such as failure of the landlord to repair the furnace or something like that. In regards to seniors and “persons incapable of independent living” there are even more restriction in terminating the lease that I am not to keen on so I will not get into them.

 

Any hoot, evictions…First thing to know is that a landlord CAN NEVER PHYSICALLY REMOVE A TENANT, THE TENANT’S POSSESSIONS OR PROPERTY OR INTERFERE WITH THE TENANT’S RIGHT TO ENJOY THE RENTAL PROPERTY IN ANY WAY. This includes CHANGING THE LOCKS, TURNING OFF THE UTILITIES, playing Taylor Swift music extremely loud to drive the tenant out, or any like actions. IT IS A BLATANT VIOLATION OF THE LAW FOR A LANDLORD TO DO ANY SUCH THINGS and they are subject to criminal charges if they do. ONLY COURT OFFICERS MAY ENETER A PREMISES TO PHYSICALLY REMOVE THE TENANT AND THEIR POSSESSIONS, AND THAT IS ONLY AFTER A COURT ORDER HAS BEEN ISSUED. Again, no exception for MSU or other Universities or government entities.

 

A landlord must file a lawsuit for eviction in court, and when they go to the court to file the papers to initiate the eviction, the court will demand the landlord provide a copy of the notice they served upon the tenant and the manner of service that was used. There are strict procedural requirements that must be followed in evictions proceedings, just like any other court action. Evictions proceedings are covered generally under MCL 600.5701-5759.When eviction is permissible is specifically covered under MCL 600.5714…here is a summarization of the statutory language:

 

24-HOUR NOTICE is required for the following reason:

Illegal drug activity and formal police report filed

(lease provision must allow for termination).

 

7-DAY NOTICE is required for the following reasons:

a) Nonpayment of rent;

b) Extensive and continuing physical injury to

property;

c) Serious and continuing health hazard.

 

30-DAY NOTICE is required for the following reasons:

a) Violation of a lease provision and the lease allows

for termination;

b) Forceful entry OR peaceful entry, but forceful stay

OR trespass;

c) Holding over after natural expiration of lease term;

d) Just cause for terminating tenant of mobile home

park;

e) Just cause for terminating tenant of governmentsubsidized

housing.

 

And again, the landlord must properly serve notice upon the tenant, and per MCL 600.5718;

The notice MUST be delivered:

a) In person to the tenant, OR

b) At the rental property, to a member of tenant’s

household—of suitable age—requesting that it be

delivered to the tenant, OR

c) By sending it through first-class mail addressed to

the tenant.

 

Furthermore, per MCL 600.5716;

The notice MUST:

a) Be in writing;

b) Be addressed to the tenant;

c) Describe the rental property (address is sufficient);

d) Give reason for eviction;

e) State the time for tenant to take remedial action;

f) Include landlord’s signature; and

g) Include date.

 

E-MAIL IS NOT PROPER SERVICE

 

If the landlord e-mails you a ‘notice’ than they are not following proper procedure and will not be able to file in court to initiate the eviction proceedings. Once again MSU, OTHER UNIVERSITIES AND GOVERNMENTAL ENTITIES ARE NOT EXEMPT FROM THIS SERVICE REQUIRMENT.

 

Well that is just some quick info on leases and evictions that I though people on this forum should know. Remember that no landlord can alter any provision of the lease, including increasing the monthly rental amount, once the lease has been signed and commenced, with few exceptions covering in the statutory language. If you want more info on landlord-tenant law, read

http://www.legislature.mi.gov/Publications/tenantlandlord.pdf

Edited February 17, 2015 by mmurphy169

[Highlander]

Dang murph, that's a lot of info. Thanks for taking the time to post. I'll confess that was getting to the point where I felt I read enough and then I read this :

 

"This includes CHANGING THE LOCKS, TURNING OFF THE UTILITIES, playing Taylor Swift music extremely loud to drive the tenant out, or any like actions"

 

Hilarious.

[t-pain]

yes murphy, your post is great, it should go into the tutorials section i think.

 

i have one question: so howd it go with msu trying to throw you out? ahha. well maybe dont tell us on the public forum. sounds like you had a good fight with them. and you did the smart thing , ignore the emotions and learn about the law! if we all did research that thorough, this country wouldnt be able to step on us all of the time.

[mmurphy169]

Yeah I know it is a lot of info but it is just the basics of when and how a landlord may remove a tenant...I made some typos that I corrected...

 

I don't want to tell the story of what went is going on between me and MSU since it would be a longer post than what I have already posted...and it is still on going. Just know that from my interactions with the University Housing Office, I know that they have no idea about landlord-tenant laws...The leasing manager has a cert in occupancy managment, yet no understanding of the law and the office admitted they do not know the procedures involved in evictions. Apparently, their policy is to just have their workers throw people out after sending emails...They actually are afraid to file in court and have been 'threatening' to start eviction proceedings for over a month now yet have not even served me with a Motion to Quit, which must be done 30 days before they file for eviction...and besides, I have no problem going to court. Why should I be afraid to talk to a neutral party about my side of the story? And per the Truth In Renting Act, MCL 554.633(1)(g), a landlord cannot charge a tenant legal fees or costs for having to take legal action; only the court can award fees or costs to a winning party. And tenants' have the right to demand that a neutral party, i.e. a judge, listen to both sides of the story and decide whats up.

Edited February 17, 2015 by mmurphy169

[t-pain]

well good luck !

[petoskeystoned]

Lol. You guys. Are you getting mail in your name at the house?

[phaquetoo]

Point being the protection of our civil rights. A lease prohibiting medical use is flatly illegal per disability law.

 

PERSONS WITH DISABILITIES CIVIL RIGHTS ACT (EXCERPT)

Act 220 of 1976

 

37.1502 Owners, persons engaging in real estate transactions, real estate brokers, and real estate salesmen; prohibited conduct.

 

Sec. 502.

(1) An owner or any other person engaging in a real estate transaction, or a real estate broker or salesman shall not, on the basis of a disability of a buyer or renter, of a person residing in or intending to reside in a dwelling after it is sold, rented, or made available, or of any person associated with that buyer or renter, that is unrelated to the individual's ability to acquire, rent, or maintain property or use by an individual of adaptive devices or aids:

 

(a) Refuse to engage in a real estate transaction with a person.

 

(b) Discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection with a real estate transaction.

 

© Refuse to receive or fail to transmit a bona fide offer to engage in a real estate transaction from a person.

 

(d) Refuse to negotiate for a real estate transaction with a person.

 

(e) Represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is available, fail to bring a property listing to a person's attention, refuse to permit a person to inspect real property, or otherwise deny or make real property unavailable to a person.

 

(f) Make, print, circulate, post, or mail or cause to be made or published a statement, advertisement, or sign, or use a form of application for a real estate transaction, or make a record of inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination with respect to a real estate transaction.

 

(g) Offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection with a real estate transaction.

 

(h) Discriminate against a person in the brokering or appraising of real property.

 

(2) A person shall not deny a person access to or membership or participation in a multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting real property, or discriminate against a person in the terms or conditions of that access, membership, or participation.

History: 1976, Act 220, Eff. Mar. 31, 1977 ;-- Am. 1992, Act 123, Imd. Eff. June 29, 1992 ;-- Am. 1998, Act 20, Imd. Eff. Mar. 12, 1998

where are the signatures???????????? bawahahahahaha!  I just called you, where you at out causing trouble? lol

 

Peace Bro

[phaquetoo]

as long as mj is scheduled by the feds as is currently, anyone know what could prevent a landlord from asking a tenant to agree not to break any federal laws while in the lease?

Nothing!

[bobandtorey]

 when cannabis is legal for everyone

 

Is this what we all should be working on to make it legal  for everyone ?

Or should we be working on getting back what we lost from Law 1 of 2008 ?

 

 

Those ore the two biggest things i wondered about i was working a table for a group  and somebody ask me if i had changed and went to the other side

 

i said what side i am not on a side it is only my own opinion that if the Law was the way it was when i voted  for it Cannabis would be legal for everyone and thats why Leo doesn't like it just about everyone is growing Cannabis today ( Not Me ) but if we get a good ruling from the Supreme Court  on the two cases i just mite do it 

[trichcycler]

 

if the Law was the way it was when i voted  for it Cannabis would be legal for everyone

I missed this part in 2008, I thought we voted for medical use of cannabis, not a legal cannabis for everyone, which of course I would voted the same way.

[trichcycler]

posted quotes are looking strange zap ^^

[ozzrokk]

I missed this part in 2008, I thought we voted for medical use of cannabis, not a legal cannabis for everyone, which of course I would voted the same way.

 

 

Because basically everyone should be able to use cannabis for medical use. There are so many different ways that it helps people that our medical law, when implemented and treated fairly and properly, should allow for everyone to be able to use cannabis for medical use if they choose to do so. Cannabis should not have been illegal in the first place.

Edited March 1, 2015 by ozzrokk