Leases – Drafting, Review, and Litigation

Signing a lease agreement

A lease or rental agreement is a contract between a tenant and landlord that transfers the possession and use of a rental property. Leases do not have to be in writing if they are only for a year or less, but a written lease is preferred because it more clearly identifies the terms and conditions the parties are bound to, leaving less to dispute. Leases, at a minimum, identify the parties to the lease, the property to be leased, the amount to be paid, and the length of time the lease covers. Other terms may be included as well that will pertain to the leasing of the property and govern the conduct of the parties.

Before agreeing to any lease, it’s important to fully understand not only your rights and obligations, but also the rights and obligations of the other party to the lease. Leases can often be long documents, containing perplexing language and explanations filled with legal terms many non-lawyers are unfamiliar. These leases can be confusing to those inexperienced with Michigan rental laws. Misunderstood terms and conditions can lead to problems and future litigation, so it’s best to understand them prior to signing any agreement.

Once you sign a lease, those terms will be binding to you and committing to terms and conditions that you don’t comprehend is risky. Our office will fully explain those concepts and how they apply to you so you can make an informed decision on the lease. In the event those terms and conditions are unacceptable, we can also assist you in negotiating more favorable terms. Therefore, if you have any questions regarding a lease, please bring your lease in for us to review so that we can sit down and discuss it with you.

Drafting errors can often lead to disputes and disagreements that could result in litigation that would be avoidable with a well-drafted lease. While the internet offers many online companies and generic lease samples for people to choose from, these options often lead to the mistaken belief that people can draft a lease on their own, without an attorney. These boilerplate options often do provide a common, nonspecific framework, but the standard clauses and terms included are not a one-size fits all solution. They do not always address particular concerns and are not specific to a person’s particular situation. They also may fail to comply with Michigan law. There are certain terms that must be contained in a lease under Michigan law, and some terms that cannot be included in a lease under Michigan law. It is imperative to know the laws regarding leases so you do not find yourself in a dispute because of drafting oversight that could result in having an unenforceable or unfavorable lease. The best way to ensure you are protected is to have a Michigan attorney well versed in the area to assist you with drafting the lease. Our office can meet with you, discuss your goals and expectations, and draft a lease tailored specifically to your situation.

Even well drafted, fairly negotiated leases can lead to disagreements and disputes. Non-compliance with the lease can result in a party seeking to enforce the lease terms, or a situation may arise where a party needs to break the lease. Navigating the legal system has challenges, and can be especially challenging without a thorough understanding of the laws that affect your case. Prior to litigating any dispute, it is important to at least consult with an experienced attorney to understand not only your rights, but also discuss the possible outcomes of litigation. Our office can meet with you to discuss your options and formulate a legal strategy in order to efficiently resolve any lease dispute you may have.

With years of experience drafting, negotiating and reviewing leases, the Law Offices of Kathryn M. Wayne-Spindler, P.C. has the knowledge and ability to assist you. We also frequently aide clients in enforcing leases and litigating lease disputes. We can answer any questions you may have and walk you through and all lease issues. Please call us today at (248) 676-1000.

The attorneys at Kathryn Wayne-Spindler & Associates are experienced attorneys who change with the times to meet the needs of their clients.  Contact the Milford, Michigan law office of Kathryn Wayne-Spindler & Associates at 248-676-1000 for assistance. The attorneys of Kathryn Wayne-Spindler & Associates practice law throughout Southeastern Michigan including Oakland, Wayne, WashtenawGenesee and Livingston counties as well as four mid-Michigan counties ClareGladwinOgemaw and Roscommon. The attorneys handle cases in Milford; Highland; Hartland; White LakeWixom; Commerce; Walled Lake; Waterford; West Bloomfield; Linden; Fenton; Flint; Grand Blanc; Holly; South Lyon; New Hudson; Howell; Clare; Gladwin; Houghton Lake; Higgins Lake; and many more Michigan communities.