Kalamazoo, MI asked in Real Estate Law and Landlord - Tenant for Michigan

Q: If you do not renew your lease (1 yr) do you have to sign a month to month lease or is it assumed?

I spoke to the leasing manager about going month to month after my lease ended. She provided me with the amount needed for the extra rent and i handed in the paper checking that i was not renewing my lease (1 yr lease) and paid the extra rent for the month. One month later, on the anniversary of my lease termination, they are asking for my keys and saying they have rented my apartment and I must move out. I explained that when I handed in the paper that I was not renewing my lease and paid the extra monthly rent and spoke to the manager over the phone, that I was going month to month. I was not told that I had to sign a month to month lease and there was not an option to check that i was going month to month. It was clearly a misunderstanding, but is there anything that I can do?

1 Lawyer Answer

A: Your question is unclear -- did you pay for the LAST month of the lease term or the FIRST month of a new month to month lease?

If you paid for the LAST month AND put in writing to them that you wanted to continue month to month AND that is an option allowed in your lease then they messed up and should fix it.

IF they sent you a '30 day notice to quit' and you just mis-understood then maybe they did what they needed to and you're out of luck.

Without seeing all the paperwork and your old lease, it is impossible to say what your rights here are. Have you TALKED to the rental agent? What do they say? If you are still unclear about what is going on, you need to bring all the paperwork to a local attorney for review and perhaps the answers will be more easily understood. Good luck!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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