Comments
icky wrote:
Icky again,
He waited till the 30th day to bandaid my "deposit" back to me. Does that mean by the law he still has not mailed it to me? If so can I sue him for the full deposit? Is it likely that the judge will say "oh he put it on your door! so you got it in the 30 days!" Or is it BY LAW that since he did not MAIL it to me by the 30 day mark he owes me my full deposit? It is now the 3 days past the 30 day mark.
He waited till the 30th day to bandaid my "deposit" back to me. Does that mean by the law he still has not mailed it to me? If so can I sue him for the full deposit? Is it likely that the judge will say "oh he put it on your door! so you got it in the 30 days!" Or is it BY LAW that since he did not MAIL it to me by the 30 day mark he owes me my full deposit? It is now the 3 days past the 30 day mark.
02/06 22:14:56
refadmin wrote:
Dear Icky:
The law does require that the notice of damages be mailed. This requirement is probably in place so that the method of communication is reliable. If you are concerned with opening the letter, telephone the landlord and find out what is the intent of the strange communication. Document your conversations in written correspondence to the landlord. I suggest that you review the article on how to get your security deposit back from your landlord found under the landlord / tenant law section of this website.
The law does require that the notice of damages be mailed. This requirement is probably in place so that the method of communication is reliable. If you are concerned with opening the letter, telephone the landlord and find out what is the intent of the strange communication. Document your conversations in written correspondence to the landlord. I suggest that you review the article on how to get your security deposit back from your landlord found under the landlord / tenant law section of this website.
02/06 15:54:45
refadmin wrote:
Dear Evan:
If you were on a year lease when your lease ended, then the default lease (even without a writing) is a month-to-month lease and the required notice to evict you is 30 days. The landlord is breaking the law by only giving you a week notice unless you have failed to pay rent. Furthermore, you are to have reasonable notice when he is going to enter your property. You are entitled to your deposit unless the landlord follows the law with regard to retaining your deposit. Read my article on how to get your security deposit back for the law the landlord must follow. Let me know if you need anything further.
If you were on a year lease when your lease ended, then the default lease (even without a writing) is a month-to-month lease and the required notice to evict you is 30 days. The landlord is breaking the law by only giving you a week notice unless you have failed to pay rent. Furthermore, you are to have reasonable notice when he is going to enter your property. You are entitled to your deposit unless the landlord follows the law with regard to retaining your deposit. Read my article on how to get your security deposit back for the law the landlord must follow. Let me know if you need anything further.
02/06 15:37:09
Evan wrote:
Hello. Well my lease ended 2 months ago. There was no talk about a new lease. Now he is showing the house. I dont like the random people in my house. We are moving out without more than a week notice. We talked to him about moving out but nothing in writing more than 30 days ago. Since he is bringing people in my house does it void my deposit being returned? Just in case you are wondering about it the house was maintained in perfect condition.
02/06 14:40:16
icky wrote:
Hello,
My previous landlord has left, what I assume is my deposit or (remaining deposit) Bandaided to my new apt door. He did NOT use the postal service. When I say bandaided I really mean there is an envelope with two bandaids holding the envelope to my door. Is this a legal way of returning my deposit to me? Is he law bound to use the post office? 1) I have not Touched it, as i think the bandaids are gross! Couldn't that be a health risk? 2) Should i just open it anyways even though I think its disgusting?
thanks,
Icky
My previous landlord has left, what I assume is my deposit or (remaining deposit) Bandaided to my new apt door. He did NOT use the postal service. When I say bandaided I really mean there is an envelope with two bandaids holding the envelope to my door. Is this a legal way of returning my deposit to me? Is he law bound to use the post office? 1) I have not Touched it, as i think the bandaids are gross! Couldn't that be a health risk? 2) Should i just open it anyways even though I think its disgusting?
thanks,
Icky
02/06 02:16:15
refadmin wrote:
Dear Danyelle:
The provisions of your lease cannot be changed unilaterally, that is, by your landlord alone. If a landlord wishes to change a provision, it must be discussed with the tenant and negotiated. You would have every reason to reject a change absent adequate consideration. Consideration is a legal term for value. Since your landlord had a pre-existing duty to abide by the $50 late fee, he must provide some value to you in the form of money, physical objects, services, or forbearance of action. In other words in exchange for the landlord getting an increase in late fees, you would benefit in some way too, or the change in terms is not legal.
Put all communications with your landlord in writing. You might also consider speaking with other tenants in order to provide a greater force against her wrongful action - and even letting the landlord know that you will be speaking with the other tenants.
The provisions of your lease cannot be changed unilaterally, that is, by your landlord alone. If a landlord wishes to change a provision, it must be discussed with the tenant and negotiated. You would have every reason to reject a change absent adequate consideration. Consideration is a legal term for value. Since your landlord had a pre-existing duty to abide by the $50 late fee, he must provide some value to you in the form of money, physical objects, services, or forbearance of action. In other words in exchange for the landlord getting an increase in late fees, you would benefit in some way too, or the change in terms is not legal.
Put all communications with your landlord in writing. You might also consider speaking with other tenants in order to provide a greater force against her wrongful action - and even letting the landlord know that you will be speaking with the other tenants.
29/05 12:01:31
Danyelle wrote:
I have a question I am done with my lease the end of May in my lease it states late fee of fifty dollars for rent I was late on my May rent due to my father passing away I informed them I would be late. I called to do a check out and they say I owe them 125 dollars in late rent fees, in my lease it states it is fifty dollar late fee, however my landlord states that they changed that policy in January and sent out reminders I was not informed of this. I moved out in April 1st and they were aware of this. I called to talk to them about this matter she was very rude and said she is not going to argue with me on this. Is there anything I can do and can they break the lease like that? Please help
29/05 11:17:08
refadmin wrote:
Dear Sam:
Typically when a new owner buys and apartment complex, they honor the old leases. Unless this is a provision in the buy-sell agreement, they are not legally obligated to honor your lease. You do have a cause of action against the owner with whom you contracted however. In fact, each and every one of you have a lawsuit for the damages - that is the difference between the rent and other costs associated with protecting your rights under the former contract. I will be glad to assist you and any other tenants in protecting your rights. Now is the time to act.
Typically when a new owner buys and apartment complex, they honor the old leases. Unless this is a provision in the buy-sell agreement, they are not legally obligated to honor your lease. You do have a cause of action against the owner with whom you contracted however. In fact, each and every one of you have a lawsuit for the damages - that is the difference between the rent and other costs associated with protecting your rights under the former contract. I will be glad to assist you and any other tenants in protecting your rights. Now is the time to act.
11/04 21:27:15
Sam wrote:
Hello, I live in an apartment complex, in Kalamazoo, Michigan. Recently it has come under new owners, and they are stating that everyones lease with the previous owner's is nullified. My question is, can they terminate everyones lease? Or do they still have to honor the old leases? It seems rather extreme since the complex has 200 plus units.
-Thank You
Sam
-Thank You
Sam
09/04 08:03:25
refadmin wrote:
Dear Angela:
I suggest that you write a certified letter, return receipt requested including a photo of the ceiling (keep a copy for your records and proofs), to the landlord telling them that you want the apartment returned to the condition in which it was when you rented it. I would not withhold rent at this point because arguably this is more of an aesthetic issue versus a habitability issue.
I suggest that you write a certified letter, return receipt requested including a photo of the ceiling (keep a copy for your records and proofs), to the landlord telling them that you want the apartment returned to the condition in which it was when you rented it. I would not withhold rent at this point because arguably this is more of an aesthetic issue versus a habitability issue.
03/04 12:52:01
Angela wrote:
I am having problems with my apartment managers. The first problem is a roof that was leaking. When I told them it was leaking on my bed they said we know we called someone to fix it. They never came out and I had to go up to the office with the bucket of water that was collected. They finaly drilled some holes in the ceiling to relieve all the water and left the holes in our ceiling. Now it has water marks and holes. It has been like that for over a month. Can we withold rent for this?
03/04 11:28:04
refadmin wrote:
Dear Proportional:
The key language is "rents charged by other landlords". Therefore, in order to assess whether your rent is proportional, you need to find comparable units and find out what they charge.
The key language is "rents charged by other landlords". Therefore, in order to assess whether your rent is proportional, you need to find comparable units and find out what they charge.
31/03 07:23:12
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21/09: Lease Law - Michigan
It is important for both the landlord and the tenant to be aware of the numerous laws that govern all aspects of the landlord-tenant relationship. The most important of these laws are:The Truth in Renting Act, MCL 554.631 to 641;
The Landlord Tenant Act, MCL 554.601 to 616;
The Summary Proceedings Act, MCL 600.5701 to 600.5759;
The Elliott-Larson Civil Rights Act, MCL 37.2101 to 37.2804;
The Persons with Disabilities Civil Rights Act, MCL 37.1101 to 37.1607;
Lease or license of residential premises / covenants / modifications, MCL 554.139; and
Damages for forcible entry and detainer / unlawful interference with possessory interest, MCL 600.2918.
Tenants who are having difficulties with their landlords can and should refer to these laws to hold their landlords accountable. For example, according to the Truth in Renting Act, landlords must EXCLUDE certain provisions from their leases and if included, they are automatically considered void. The tenant can make the landlord fix a lease with these illegal provisions and if the landlord does not, the tenant can take the landlord to court and win statutory damages and fees. Landlords are likewise required to INCLUDE certain provisions such as the name and address at which notice shall be given to the lessor and a very specific statement regarding the fact that the agreement must comply with applicable Michigan laws.
For those who are interested in knowing the landlord's obligation to maintain the premises, reference should be made to MCL 554.139. This law requires that landlords must keep the premises and all common areas fit for the use intended. They must also be kept in reasonable repair and in compliance with applicable health and safety laws of the state and of the local unit of government.
Tenants who are worried about the return of all or part of their security deposit should pay particular attention to the Landlord and Tenant MCL 554.601 to 616 as this act regulates security deposits. Landlords cannot collect more than 1 and 1/2 times the monthly rent as a security deposit. Furthermore, they cannot require a security deposit unless they notify the tenant no later than 14 days from the date a tenant assumes possession in a written instrument of the landlord's name and address as well as the name and address of his bank. There is also a requirement of a particular notice regarding the tenant's responsibility to forward their new mailing address to the landlord within 4 days after termination of occupancy: “You must notify your landlord in writing within 4 days after you move of a forwarding address where you can be reached and where you will receive mail; otherwise your landlord shall be relieved of sending you an itemized list of damages and the penalties adherent to that failure.” An inventory checklist is required at the commencement and termination of the tenancy. If a landlord wants to keep all or part of the security deposit for damages or other obligation, he must mail to the tenant, within 30 days after the termination of occupancy, an itemized list of damages claimed, including the estimated cost of repair of each property damaged item and the amounts and bases on which he intends to assess the tenant. The notice of damages shall include the following statement in 12 point boldface type which shall be at least 4 points larger than the body of the notice: “You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages.”. Failure by the landlord to comply with the notice of damages requirement within the 30 days after the termination of occupancy, constitutes agreement by the landlord that no damages are due and he shall remit to the tenant immediately the full security deposit.
Tenants of an advanced age should be aware of MCL 554.601a, which allows early termination of a lease if the tenant becomes eligible to take possession of a subsidized rental unit in senior citizen housing or becomes incapable of living independently.
Regarding discrimination, the Elliott-Larsen Civil Rights Act provides protection from discrimination in housing accommodations on the basis of religion, race, color, national origin, age, sex, or marital status. There is an exemption in the law where the landlord or a member of the landlord's immediate family resides in one of the units. However, the Civil Rights Act of 1866 prohibits discrimination on the basis of race in ALL property transactions; and since federal law trumps state law, the federal law must be followed. Therefore, landlords can NEVER discriminate on the basis of race. Also, persons with disabilities are protected from discrimination. Landlords must accommodate disabled persons unless they demonstrate that the accommodation would impose an undue hardship or that they or their immediate family resides in 1 of the units under certain circumstances.
Finally, a tenant is entitled to quiet enjoyment of the premises and landlords are prevented from interfering with that enjoyment unless they are acting pursuant to court order, or the interference is only temporary in order to make needed repairs or inspection as provided by law. Landlords are not allowed to enter a tenant's property whenever they want, nor are they allowed to eject a tenant in a forcible or unlawful manner. A tenant who is put out or held out of their rented property in a forcible and unlawful manner, is entitled to recover 3 times the amount of his actual damages or $200.00, whichever is greater, in addition to recovering possession. Furthermore, a tenant whose possession has been unlawfully interfered with by the landlord or their agents shall be entitled to recover the amount of his actual damages or $200.00, whichever is greater, for each occurrence and, where possession has been lost, to recover possession. Landlords cannot use or threaten force, nor can they remove or destroy a tenant's personal property. They cannot change the locks without immediately providing keys, nor can they board up the premises. They cannot interrupt a service procured by the tenant or which the landlord is under a duty to furnish, if that service is so essential that its interruption would constitute constructive eviction, including heat, running water, hot water, electric, or gas service. Lastly, they cannot introduce noise, odor or other nuisance.
Any person involved in a landlord-tenant relationship must be aware of these laws. Landlords must inform their staff as for example, if certain language is not included in leases and certain time frames are not met, rights can be very limited. Tenants who must breach their lease in advance pray for the landlord to miss the 30-day deadline. If the notice of damages retained from the security deposit does not go out within 30 days after the tenant terminates the tenancy, all rights to the security deposit and any other damages are waived. Also, it must be clear that deference must be made to the federal Civil Rights Act and no discrimination on the basis of race must ever occur. The landlord-tenant relationship is tenuous at best. Knowledge of the applicable law by both parties sets forth expectations, reduces unnecessary problems, and lays a foundation for a positive relationship.