Michigan Laws 554.1060 – Notification to pay rents to person other than landlord; form
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws 554.1060
- Assignee: means a person entitled to enforce an assignment of rents. See Michigan Laws 554.1052
- Notification: means a document containing information that this act requires a person to provide to another, signed by the person required to provide the information. See Michigan Laws 554.1052
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Michigan Laws 554.1052
- Rental agreement: means an agreement by which a person is obligated to pay rents to the assignor. See Michigan Laws 554.1052
- Rents: means any of the following:
(i) Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person. See Michigan Laws 554.1052Tenant: means a person that has an obligation to pay sums for the right to possess or occupy, or for possessing or occupying, the real property of another person. See Michigan Laws 554.1052
No particular phrasing is required for the notification specified in section 9. However, the following form of notification, when properly completed, is sufficient to satisfy the requirements of section 9:
| NOTIFICATION TO PAY RENTS TO PERSON OTHER THAN LANDLORD | ||||
| Your landlord, ______________, owes a debt to ______________ (the assignee). In the landlord’s and assignee’s agreement about the debt owed by your landlord, there is a provision about “assignment of rents” that provides that if the landlord defaults in the landlord’s obligations under the landlord’s and assignee’s agreement, the assignee has a right to collect rent directly from the landlord’s tenants. | ||||
| Pursuant to this notice, the assignee is enforcing the assignee’s rights to collect rent directly from the landlord’s tenants. You are now required to pay rent directly to the assignee, as instructed by this notice. This is because you now have a legal duty to pay your rent directly to the assignee rather than to your landlord. If you pay your rent directly to the assignee after receipt of this notice, your landlord cannot legally claim that you owe rent during the period you paid your rent directly to the assignee. You must continue paying rent directly to the assignee until you receive an order from the court telling you to stop paying your rent directly to the assignee or instructing you on whom to pay rent to, or the assignee sends you a written notice that you should stop paying rent directly to the assignee. | ||||
| Tenant:_____________________________________________________ | ||||
| Name of Tenant | ||||
| Property Occupied by Tenant (the “Premises”): _______________ | ||||
| Address | ||||
| Landlord:___________________________________________________ | ||||
| Name of Landlord | ||||
| Assignee:___________________________________________________ | ||||
| Name of Assignee | ||||
| Address of Assignee and Telephone Number of Contact Person: | ||||
| _____________________________________________________________ | ||||
| Address of Assignee | ||||
| _____________________________________________________________ | ||||
| Telephone Number of Person to Contact | ||||
| 1. The Assignee named above has become the person entitled | ||||
| to collect your rents on the Premises listed above under | ||||
| _____________________________________________________________ | ||||
| Name of Document | ||||
| (the “Assignment of Rents”) dated __________, and recorded in | ||||
| Date | ||||
| the records of the ________________ County Register of Deeds at | ||||
| County | ||||
| ____________________________ | ||||
| Recording Data | ||||
You may obtain additional information about the Assignment of Rents and the Assignee’s right to enforce it at the address listed above.
2. The Landlord is in default under the Assignment of Rents. Under the Assignment of Rents, the Assignee is entitled to collect rents from the Premises.
3. This notification affects your rights and obligations under the rental agreement under which you occupy the Premises (your “Rental Agreement”). In order to provide you with an opportunity to consult with a lawyer, if your next scheduled rental payment is due within 30 days after you receive this notification, neither the Assignee nor the Landlord can hold you in default under your Rental Agreement for nonpayment of that rental payment until 10 days after the due date of that payment or 30 days following the date you receive this notification, whichever occurs first. You may consult a lawyer at your expense concerning your rights and obligations under your Rental Agreement and the effect of this notification.
4. You must pay to the Assignee at the address listed above all rents under your Rental Agreement which are due and payable on the date you receive this notification and all rents accruing under your Rental Agreement after you receive this notification. If you pay rents to the Assignee after receiving this notification, the payment will satisfy your rental obligation to the extent of that payment.
5. Unless you occupy the premises as your primary residence, if you pay any rents to the Landlord after receiving this notification, your payment to the Landlord will not discharge your rental obligation, and the Assignee may hold you liable for that rental obligation notwithstanding your payment to the Landlord.
6. Any modification of the Rental Agreement is not binding on the Assignee without the Assignee’s written consent.
7. If you have previously received a notification from another person that also holds an assignment of the rents due under your Rental Agreement, you should continue paying your rents to the person that sent that notification until that person cancels that notification. Once that notification is canceled, you must begin paying rents to the Assignee in accordance with this notification.
8. Your obligation to pay rents to the Assignee will continue until you receive either:
(a) a written order from a court directing you to pay the rent in a manner specified in that order; or
(b) written instructions from the Assignee canceling this notification.
| _________________________________ |
| Name of Assignee |
| By:_____________________________ |
| Signature of Officer/Authorized Representative of Assignee |
| _________________________________ |
| Name and Title of Officer/Authorized Representative |