Comments
refadmin wrote:
Dear Confused Renter:
If your apartment is unsafe and you have notified your landlord and he is unwilling to make the apartment safe, then he has breached his obligation under the lease and law. Likewise as to the bugs.
You can move out and sue him for damages. In order to make your case for damages, you should confirm your notice to the landlord of the issues in writing. Keep in mind that if you move out before the end of the lease, even if you have a strong legal argument for doing so, you could wind up in court. However, you must protect yourself and your family, so consider the pros and cons and make your decision.
I would not pay him any "retainer" if the issues are as you state. Furthermore, your written lease should control on the issue of the security deposit which is capped by law.
If your apartment is unsafe and you have notified your landlord and he is unwilling to make the apartment safe, then he has breached his obligation under the lease and law. Likewise as to the bugs.
You can move out and sue him for damages. In order to make your case for damages, you should confirm your notice to the landlord of the issues in writing. Keep in mind that if you move out before the end of the lease, even if you have a strong legal argument for doing so, you could wind up in court. However, you must protect yourself and your family, so consider the pros and cons and make your decision.
I would not pay him any "retainer" if the issues are as you state. Furthermore, your written lease should control on the issue of the security deposit which is capped by law.
08/09 16:16:51
Tammy wrote:
Hello,
I entered into a leasing agreement six months ago in Michigan; since that time I have been vandalized four times (Car was keyed, Mailbox was smashed in, and Lawnmower was stolen out of the shed and the front door was broken off the latch.) and the home seems to be infested with bugs (Box Elders, Crickets, Spiders, Ants and more.). I made the Landlord aware of the vandalism and bugs, also I filed a police report. When discussing this with him, he had mentioned breaking the lease early with me receiving 'some' of my security deposit, if we ( Daughter and I.) did not feel safe on the property. (Strictly orally, nothing in writing.)
I notified him of my intent to move out 75 days before I would be moving. I told him, I did not feel safe or comfortable there. He now says he is keeping my entire security deposit and wants a 300 dollar retainer in-case of damages. When I had talked to him before he commented on how nice the house looked and thanked me for keeping it in good shape. Also, he never provided me with a move-in checklist.
Is there anything I can do about this?
Any help would be greatly appreciated. Thank you for your time.
-Confused Renter.
I entered into a leasing agreement six months ago in Michigan; since that time I have been vandalized four times (Car was keyed, Mailbox was smashed in, and Lawnmower was stolen out of the shed and the front door was broken off the latch.) and the home seems to be infested with bugs (Box Elders, Crickets, Spiders, Ants and more.). I made the Landlord aware of the vandalism and bugs, also I filed a police report. When discussing this with him, he had mentioned breaking the lease early with me receiving 'some' of my security deposit, if we ( Daughter and I.) did not feel safe on the property. (Strictly orally, nothing in writing.)
I notified him of my intent to move out 75 days before I would be moving. I told him, I did not feel safe or comfortable there. He now says he is keeping my entire security deposit and wants a 300 dollar retainer in-case of damages. When I had talked to him before he commented on how nice the house looked and thanked me for keeping it in good shape. Also, he never provided me with a move-in checklist.
Is there anything I can do about this?
Any help would be greatly appreciated. Thank you for your time.
-Confused Renter.
08/09 01:37:57
jaime dunlap wrote:
My wife and I were both recently laid off and unable to find other work in the state of Michigan. We did, however, find jobs in Texas and need to move immediately (this coming weekend) in order for her to accept the job.
When we went in to talk to our landlord about our lease, the total tally came to almost three thousand dollars. Some of these fees we expected-- the early termination fees, as well as the repayment of the discount we were offered when we signed our lease-- but the young lady working the desk told us she was pretty sure there was a Michigan law covering if you had to move because of unemployment. She told us that legally, the landlord could only charge us the fees we were expecting, plus one month's rent. She further told us that we had to be the ones to bring this up when we went in to settle up, otherwise the landlord could pretty much soak us for whatever they felt like.
If you could point us in the right direction, we would be most appreciative.
When we went in to talk to our landlord about our lease, the total tally came to almost three thousand dollars. Some of these fees we expected-- the early termination fees, as well as the repayment of the discount we were offered when we signed our lease-- but the young lady working the desk told us she was pretty sure there was a Michigan law covering if you had to move because of unemployment. She told us that legally, the landlord could only charge us the fees we were expecting, plus one month's rent. She further told us that we had to be the ones to bring this up when we went in to settle up, otherwise the landlord could pretty much soak us for whatever they felt like.
If you could point us in the right direction, we would be most appreciative.
04/09 22:58:10
jaime dunlap wrote:
My wife and I were both recently laid off and unable to find other work in the state of Michigan. We did, however, find jobs in Texas and need to move immediately (this coming weekend) in order for her to accept the job.
When we went in to talk to our landlord about our lease, the total tally came to almost three thousand dollars. Some of these fees we expected-- the early termination fees, as well as the repayment of the discount we were offered when we signed our lease-- but the young lady working the desk told us she was pretty sure there was a Michigan law covering if you had to move because of unemployment. She told us that legally, the landlord could only charge us the fees we were expecting, plus one month's rent. She further told us that we had to be the ones to bring this up when we went in to settle up, otherwise the landlord could pretty much soak us for whatever they felt like.
If you could point us in the right direction, we would be most appreciative.
When we went in to talk to our landlord about our lease, the total tally came to almost three thousand dollars. Some of these fees we expected-- the early termination fees, as well as the repayment of the discount we were offered when we signed our lease-- but the young lady working the desk told us she was pretty sure there was a Michigan law covering if you had to move because of unemployment. She told us that legally, the landlord could only charge us the fees we were expecting, plus one month's rent. She further told us that we had to be the ones to bring this up when we went in to settle up, otherwise the landlord could pretty much soak us for whatever they felt like.
If you could point us in the right direction, we would be most appreciative.
04/09 22:55:57
refadmin wrote:
Dear KHickey:
If the family member and friend both signed the lease, they are both obligated on the lease. It would be up to the landlord to evict the co-tenant. The family member should meet with the landlord to discuss the matter. The law provides for an expedited eviction procedure, under certain circumstances in which drugs are involved.
If the family member and friend both signed the lease, they are both obligated on the lease. It would be up to the landlord to evict the co-tenant. The family member should meet with the landlord to discuss the matter. The law provides for an expedited eviction procedure, under certain circumstances in which drugs are involved.
26/08 17:13:52
KHickey wrote:
A family member entered into a lease for an apartment with a friend who has lost his job and is making no effort to pay rent, or get another job. In fact, the person has been discovered to be using drugs. My family member wants this roommate to move out and keep the apartment herself. She has been paying the rent by herself in a timely fashion, but it was the roommates credit rating that got them into the apartment in the first place. Does she have any right to get the roommate evicted, and if so, does the landlord do that or does she have to do it? Will she have to sign a new lease?
26/08 16:59:25
refadmin wrote:
Dear Nanette:
Since your fiance re-signed knowing that the apartment complex was now "pet friendly", your legal position is weak. Essentially he came to the nuisance.
It was arguably a breach to change the status of the building, but he lost that argument when he re-signed the lease evidencing his agreement to the new terms. He could have also moved to the new unit and sued for his moving fees, but again, that argument was lost when he re-signed the lease knowing that it would be pet friendly.
Make sure the landlord mitigates their damages and follows all rules with regard to the security deposit.
Since your fiance re-signed knowing that the apartment complex was now "pet friendly", your legal position is weak. Essentially he came to the nuisance.
It was arguably a breach to change the status of the building, but he lost that argument when he re-signed the lease evidencing his agreement to the new terms. He could have also moved to the new unit and sued for his moving fees, but again, that argument was lost when he re-signed the lease knowing that it would be pet friendly.
Make sure the landlord mitigates their damages and follows all rules with regard to the security deposit.
22/08 15:54:43
Nanette wrote:
My fiance entered into a lease over a year ago in an apartment complex in Muskegon, Michigan. He requested a non-smoking, no-pet, third floor apartment which he got. Approximately 10 months into his lease, he was notified by the owners that his building was being turned into a "pet friendly" unit. When the switch was made, the noise and the stench, not to mention the "messes" on the lawn became more than he could tolerate at times, and when he complained he was met with the comment that he could "...Move to another apartment" within the complex, which he refused to do due to the cost we would incure having to hire movers. approximately 3 weeks later his lease was up and he resigned for another year because the cost of renting month to month was far greater than what he was paying. We had hoped he would adjust to the noise and smell, long enough to take us up to the time he would be able to move in with me. We wound up rushing that date because of the noise at his complex (no sleeping with dogs barking all day and night). He notified the office of his move, cleaned the apartment, returned the keys, and told them how disapointed he was in the way they chose to conduct business - that was 45 days ago. Yesterday, we received a notice stating that until the apartment is rented, he is still bound to the additional years lease he re-signed, which he regrets.
My question is simple, do we have a legal leg to stand on if we refuse to comply with the remainder of the lease agreement? We both feel that the complex was wrong in changing the status of the building on him, refusing to pay his moving fees, and not giving him ample time to procure other living arrangements. Granted, he was offered the chance to rent one month at a time, but he couldn't afford it.
My question is simple, do we have a legal leg to stand on if we refuse to comply with the remainder of the lease agreement? We both feel that the complex was wrong in changing the status of the building on him, refusing to pay his moving fees, and not giving him ample time to procure other living arrangements. Granted, he was offered the chance to rent one month at a time, but he couldn't afford it.
22/08 11:14:18
refadmin wrote:
Dear Sarah:
Your landlord has to follow all laws regarding the security deposit and its use. Refer back to the above article and hold the landlord to the law. Put all requests in writing.
I would not bother with spending the time and effort to get that 12 month of rent back and prove they rented the property. They will undoubtedly challenge you on that issue.
Your landlord has to follow all laws regarding the security deposit and its use. Refer back to the above article and hold the landlord to the law. Put all requests in writing.
I would not bother with spending the time and effort to get that 12 month of rent back and prove they rented the property. They will undoubtedly challenge you on that issue.
18/08 14:31:52
refadmin wrote:
Dear Lydia:
The amount you will have to pay will depend on the lease. You entered a binding contract and are planning to breach the contract by moving out without proper notice. A court would likely find that you were obligated to walk through the apartment before you signed the lease. Indeed an inventory checklist is required to be signed. If you were not provided an opportunity to walk through, then you would have a stronger defense to paying according to the lease.
The landlord does have to mitigate his damages. Read the legal requirements set forth in the articles and hold the landlord to his/her obligations.
Consider requesting that the landlord provide you with another apartment.
The amount you will have to pay will depend on the lease. You entered a binding contract and are planning to breach the contract by moving out without proper notice. A court would likely find that you were obligated to walk through the apartment before you signed the lease. Indeed an inventory checklist is required to be signed. If you were not provided an opportunity to walk through, then you would have a stronger defense to paying according to the lease.
The landlord does have to mitigate his damages. Read the legal requirements set forth in the articles and hold the landlord to his/her obligations.
Consider requesting that the landlord provide you with another apartment.
17/08 18:06:43
Lydia wrote:
In Michigan, I paid a $100 security deposity to reserve an apartment. A week later I signed the lease and paid the rest of the month's rent which was $450. I went to the apartment and within several hours decided to move out. Something there was bothering my allergies. I cleaned very good and kept the air on, but I felt worse and worse. Later in the afternoon, I just left. I did not move any of my stuff in or anything. This was Saturday and the office is closed until Monday. I accept that I won't get the deposit or the rent already paid back. This seems reasonable. However, the lease states that the penalty for early termination is two month's rent at the market rate. So, this would be around $1400. Am I stuck paying this? It seems excessive - I was only there about 5 hours and the place is cleaner than it was before I got there. I understand a lease is a binding contract, but...? Is there any way to negotiate this or am I stuck? Thank you.
17/08 15:59:38
Cam wrote:
I moved into an apartment with a roommate. It turns out that we are much less compatible than we initially thought and the roommate decided to move out. Before telling me this, she talked to the landlords who said she could move out so long as she found someone to take her place who was acceptable to them and myself. After she informed me of this, I decided it would be best if I moved out as well, knowing this would mean we are both responsible for finding people to assume our lease as we are both obligated for the rent. To me this made the most sense because it avoids one person selecting a roommate for the other and emphasizes the terms of the lease that we are "jointly and severally liable." In other words, I want to ensure that if we find one person but not two people to take on the lease, we are obligated to split the remainder of the rent, and neither one of us can get out of this responsibility. When I spoke to the landlords, they indicated that they were willing to allow my roommate to move out pending a replacement but were not amenable to my moving out. Can they stop me from moving out if we find a replacement? Can they release my roommate from her obligation to the lease without releasing me as well? Thank you.
14/08 10:52:06
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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.