Location: Michigan
My now deceased mother was bouncing between hospital stays and sub-accute rehab due to a myriad of issues. Due to mobility issues she could no longer stay in her home so on her behalf (poa) I entered into a lease agreement starting 12/31/25 with an Retirement Community.
The intention was for her to move in and start paying once she was released from sub-accute rehab which ended up happening on 1/27/26.
Prior to signing the lease which started on 12/31 I clarified the arrangement with the Executive Director by asking the following via email: "One last question, is there latitude on the move-in date? Shes currently in sub accute rehab and we do not have an official release date yet. I beleive it will be around first of the year but still TBD."
His response via email was:
"She can move in before the first rent is due, and then she can start paying rent once she’s discharged from rehab. However, to get the $200 off, she would need to start paying rent no later than December 31."
Based on this email exchange I signed the lease with a 12/31 effective date.
For clarity there was a rate change scheduled for 1/1 from $3900 to $4100 which is where the $200 comment came from.
Of course the previous executive director has moved on and the new executive director is interpreting this differently. They deducted the total rent starting 12/31 via ach.
Do we have a small claims case for the 12/31 - 1/26 rent that shouldn't have been deducted?