Comments
proportional wrote:
One tenants rights handbook states:
"The Michigan Consumer Protection Act says that rent cannot be grossly out of proportion to rents charged by other landlords."
I would assume that raising the rent from 470 per month to 300 per week would fit under the "grossly out of proportion"
What do you think?
"The Michigan Consumer Protection Act says that rent cannot be grossly out of proportion to rents charged by other landlords."
I would assume that raising the rent from 470 per month to 300 per week would fit under the "grossly out of proportion"
What do you think?
30/03 22:45:34
refadmin wrote:
Dear Meagan:
According to MCL, 554.607, the security deposit may only be used to either reimburse the landlord for actual damages to the rental unit or pay rent in arrearage under the rental agreement, rent due for premature termination of the rental agreement by the tenant and for utility bills not paid by the tenant.
The security deposit may NOT be used for advertising.
Under MCL 554.609 the landlord was required to mail to you within 30 days after your termination of occupancy, an itemized list of damages claimed for which the security deposit may be used. The list must be accompanied by a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord.
If the landlord does not comply with the notice of damages requirement within the 30-day period, MCL 554.610 provides that NO DAMAGES ARE DUE and he shall remit to you immediately the full security deposit. Since your landlord did not notify you within the 30-day period, this is construed as his agreement that you owe him nothing.
If he wanted to sue you for damages, MCL 554.613 provides that he had to have done that within 45 days after you terminated the occupancy.
According to the law, your landlord has agreed that no damages are due and has not sued you within the 45 day limitation period, and therefore, he must return the balance of the security deposit to you. Your landlord owes you your full security deposit.
If he had complied with the time periods, he could retain a portion of the security deposit for damages for unpaid rent.
According to MCL, 554.607, the security deposit may only be used to either reimburse the landlord for actual damages to the rental unit or pay rent in arrearage under the rental agreement, rent due for premature termination of the rental agreement by the tenant and for utility bills not paid by the tenant.
The security deposit may NOT be used for advertising.
Under MCL 554.609 the landlord was required to mail to you within 30 days after your termination of occupancy, an itemized list of damages claimed for which the security deposit may be used. The list must be accompanied by a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord.
If the landlord does not comply with the notice of damages requirement within the 30-day period, MCL 554.610 provides that NO DAMAGES ARE DUE and he shall remit to you immediately the full security deposit. Since your landlord did not notify you within the 30-day period, this is construed as his agreement that you owe him nothing.
If he wanted to sue you for damages, MCL 554.613 provides that he had to have done that within 45 days after you terminated the occupancy.
According to the law, your landlord has agreed that no damages are due and has not sued you within the 45 day limitation period, and therefore, he must return the balance of the security deposit to you. Your landlord owes you your full security deposit.
If he had complied with the time periods, he could retain a portion of the security deposit for damages for unpaid rent.
25/03 11:18:56
Megan wrote:
I am trying to prepare a letter in regard to my landlord's withholding my deposit past the 30 day notification period without making any sort of written or verbal contact. I have contacted them by mail on two occasions, the first of which contained my forwarding address, which was sent within the 4 day requirement and until today have received no communication from them. The lease was terminated early with full permission from said landlord's and re-rented within 2 weeks with nothing mentioned in regard to my deposit until a day before we were schedule to remove ourselves from the property . Tomorrow marks the 45 day statute of limitations for the total notification of deposit withholdings. I received a check from them today for $190, my deposit was $500 and as the residence sustained no damage during our retention of the premise, they have deducted $250 for loss of half months rent, which was at no point established in writing or otherwise, as well as $60 for listing the establishment in the local paper. From what I have been reading they have no right to charge me for advertisement, however, I am wondering if they are allowed to keep the $250 when it was NOT in any way shape or form stated that there would be an early termination penalty, and they did not notify me of said decision in any way prior to the 30 statute of limitations on making known the reasons for deductions from security deposit. Either way, from what I have seen if deductions are not under dispute, the security deposit is to be returned within 30 days of the agreed move out date even if charges for early termination had been agreed upon which would at the very least result in the return of the agreed remainder of the security deposit within the 30 day period correct? I was told and read that if they are found to have been withholding my deposit without making any contact and without reason (which they have acknowledged there was no damage to the residence) that I am then entitled to twice the amount withheld, I was wondering if this situation qualifies for that clause as well. I just want to have all my chickens in a row before I send my final letter and pursue small claims court under the assumption that I may have right to. Please help me figure out if I have a right to the $60 charged for the advertisement, as well as the $250 charge for the time the residence was empty. Thanks so much!
17/03 18:46:57
refadmin wrote:
In order to persuade a judge to take your side, you would need to prove that you had no reason to suspect that there could be smoking in the building, but that in fact, you believed that the building would be non-smoking and were led to this belief by the landlord or his agent.
16/03 13:21:35
Myrynda wrote:
Hello! We signed a 12 month lease for an apartment complex in Michigan begining in August of 2009. I broke the lease 3 weeks later under the finding that you are allowed to smoke in the buildings. My fiance is a bubble boy- he is allergic to everything from grass, to hay, to cats, he has asthma and cigarette smoke sends him into attacks. There are not signs, there is no statment of the smoke in the buildings, etc.The provisions for breaking the lease is to pay the $250 and you are responsible for the rent until they find someone, which I paid immediately so they could look for someone to re rent this apartment. Is there anyway a doctors note would hold up, its not that we just want out, he cannot live their. Thanks in advance!
12/03 15:43:24
refadmin wrote:
Dear Jack:
According to MCL 554.609, in case of damage to the rental unit or other obligation against the security deposit, the landlord shall mail to the tenant, within 30 days after the termination of occupancy, an itemized list of damages, 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 critical term is termination of occupancy. Since you turned in your keys, you terminated your occupancy and the 30 days should begin to run on that day.
According to MCL 554.609, in case of damage to the rental unit or other obligation against the security deposit, the landlord shall mail to the tenant, within 30 days after the termination of occupancy, an itemized list of damages, 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 critical term is termination of occupancy. Since you turned in your keys, you terminated your occupancy and the 30 days should begin to run on that day.
10/03 00:23:32
refadmin wrote:
Dear Kristen:
You will likely prevail in the lawsuit as you should not have any problem in a court of law proving that the contract term was a mistake and therefore, the contract will be interpreted as it was intended, for nine months.
Be confident. You should not have any problem.
You will likely prevail in the lawsuit as you should not have any problem in a court of law proving that the contract term was a mistake and therefore, the contract will be interpreted as it was intended, for nine months.
Be confident. You should not have any problem.
10/03 00:20:00
Kristen wrote:
I am in a situation with my landlord and Im not exactly sure what to do. I signed a 9 month lease, starting on July 1, 2008. I wrote my letter stating that i was not going to renew my lease and that I would have my keys turned in no later than March 31, 2009. They then gave me a copy of the lease, which states that I have rented my apartment for a term of 9 months, starting on July 1, 2008 and ending on APRIL 31, 2009. That is 10 months and the incorrect date. They are telling me that because I signed it, that I am responsible for the April payment. In my eyes, the lease that they provided for me to sign was incorrect and states two different conflicting dates. Can I really be responsible, because they are telling me that they will take me to court and win. Yes, its my fault for not catching the date, but neither did the manager, two witnesses, nor did the supervisor who signed it off. I also did not prepare it, they did.
09/03 21:15:53
Jack wrote:
Hi, I had a question about a security deposit. I ended my lease agreement on February 9 by vacating the premises and turning in my keys. My lease actually does not end until March 15, but I still paid all rent that was due and the utilities are in my name until that time. My question is does my landlord have 30 days from February 9 or March 15 to send my deposit back to me? Also does the security deposit have to be in my hands 30 days from vacating premises or does the letter just have to be post dated by 30 days? Thank you.
03/03 15:28:03
unsatisfied wrote:
Hello again it is Unsatisfied again from several messages above,
So now my landlord, who lives with me has resorted to throwing something that I own out into our front property. 3 things actually, can I do anything to stop this from happening? He could simply have put it in the basement where i have belongings as well, but he put it in the front lawn instead.
Any advice would be great.
Unsatisfied
So now my landlord, who lives with me has resorted to throwing something that I own out into our front property. 3 things actually, can I do anything to stop this from happening? He could simply have put it in the basement where i have belongings as well, but he put it in the front lawn instead.
Any advice would be great.
Unsatisfied
08/02 18:09:02
refadmin wrote:
Dear Sara:
According to MCL 554.633(1)(g), a rental agreement shall not contain a provision that provides that a party is liable for legal costs or attorney's fees incurred by another party, in connection with a dispute arising under the rental agreement, in excess of costs or fees specifically permitted by statute. According to subsection (3), any such provision is void.
More pointedly, the provision is illegal and therefore it, not the entire agreement, is void and unenforceable. Now, if you let the landlord know in writing that the provision is void and unenforceable, and he does not properly cure the defect, then under MCL 554.636, you may bring an action to void the rental agreement and terminate the tenancy and recover damages.
According to MCL 554.633(1)(g), a rental agreement shall not contain a provision that provides that a party is liable for legal costs or attorney's fees incurred by another party, in connection with a dispute arising under the rental agreement, in excess of costs or fees specifically permitted by statute. According to subsection (3), any such provision is void.
More pointedly, the provision is illegal and therefore it, not the entire agreement, is void and unenforceable. Now, if you let the landlord know in writing that the provision is void and unenforceable, and he does not properly cure the defect, then under MCL 554.636, you may bring an action to void the rental agreement and terminate the tenancy and recover damages.
03/02 11:08:08
refadmin wrote:
Dear Mark:
As to the utilities, if you continued to live in the premises to the end of the term, you could choose to have the electricity turned off and live with candlelight for example. As to the gas, if the pipes would freeze because the gas is not on, then the landlord would have an argument that it is a "required" utility service.
However, in the law of construction of contracts, vague terms are to be construed in favor of the contractee because the person who wrote or presented the document was in the best position to define the terms as desired and therefore is presumed to have done so. The statement about utilities is vague and as such would be construed in your favor in a court of law. The statement is vague because of the use of the word "required", which should have been defined.
Finally, it is easier to see the big picture if you remember that you are obligated to return the premises in the condition in which you found them. If turning off the water and electricity will not prevent you from doing that, then you should be in a good legal position.
Remember also that if you properly dispute the landlord's use of your security deposit, in order to take any portion of that deposit, the landlord has to take you to court and procure a court order. Watch the timelines!
As to the utilities, if you continued to live in the premises to the end of the term, you could choose to have the electricity turned off and live with candlelight for example. As to the gas, if the pipes would freeze because the gas is not on, then the landlord would have an argument that it is a "required" utility service.
However, in the law of construction of contracts, vague terms are to be construed in favor of the contractee because the person who wrote or presented the document was in the best position to define the terms as desired and therefore is presumed to have done so. The statement about utilities is vague and as such would be construed in your favor in a court of law. The statement is vague because of the use of the word "required", which should have been defined.
Finally, it is easier to see the big picture if you remember that you are obligated to return the premises in the condition in which you found them. If turning off the water and electricity will not prevent you from doing that, then you should be in a good legal position.
Remember also that if you properly dispute the landlord's use of your security deposit, in order to take any portion of that deposit, the landlord has to take you to court and procure a court order. Watch the timelines!
03/02 10:55:44
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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.