Comments
refadmin wrote:
Dear Kim:
I don't know what state you are in to consider the law of that state. However, with the limited information I have, it sounds like your landlord may be considering Michigan security deposit law which prevents him from requiring you to pay more than one and one-half month's rent up front. The law should not be interpreted to prohibit a tenant from voluntarily paying more than one and one-half month's rent in advance.
He sounds like a worrier. I wonder what he would think of a separate writing signed and dated by you promising that you have put the money in a separate or escrow account and will provide him with monthly account balances. This could be separate from the lease.
Another option is having a cosigner.
I don't know what state you are in to consider the law of that state. However, with the limited information I have, it sounds like your landlord may be considering Michigan security deposit law which prevents him from requiring you to pay more than one and one-half month's rent up front. The law should not be interpreted to prohibit a tenant from voluntarily paying more than one and one-half month's rent in advance.
He sounds like a worrier. I wonder what he would think of a separate writing signed and dated by you promising that you have put the money in a separate or escrow account and will provide him with monthly account balances. This could be separate from the lease.
Another option is having a cosigner.
08/02 11:01:43
refadmin wrote:
Dear Ashley:
The answer depends on Arizona leasing law and on your contract. What does your contract say about subleasing? Look to your contract to find out if it states that you cannot sublease without the owner's permission and approval. Furthermore, I would think that Arizona law, like Michigan law, provides that a landlord has to mitigate his damages such that if the property is leased after you vacate, then he cannot charge you rent for that time period. I will provide the Arizona law in an Article.
The answer depends on Arizona leasing law and on your contract. What does your contract say about subleasing? Look to your contract to find out if it states that you cannot sublease without the owner's permission and approval. Furthermore, I would think that Arizona law, like Michigan law, provides that a landlord has to mitigate his damages such that if the property is leased after you vacate, then he cannot charge you rent for that time period. I will provide the Arizona law in an Article.
08/02 10:48:34
Kim wrote:
I really want to lease this property. My rental application was denied because of recent deliquencies on my credit report. I offered to pay the full years rent in advance, just one big payment. The landlord said legally they can not lease the home with a full year paid in advance. Is this true? If it is why?
07/02 14:18:56
Ashley wrote:
Question: I am relocating to AZ and I have 6 months remaining on my lease. Lanlord rejected the idea of me finding a sub-leaser or someone to move into the house after I leave. He stated that he has someone to move in and that i still have to pay the remaining 3000 on the lease even though it will be occupied. Is this true?
04/02 15:41:46
refadmin wrote:
Dear Unsafe:
One in your position may argue that the landlord failed to change the locks before you moved in. Failure to change the locks is a basis for a lawsuit with a count for breach of lease and a count for negligence. One might argue that the landlord had a duty to change the locks and his breach of duty put you in danger and indeed caused you to suffer harm and fear.
If you were my client, I would advise you to give notice that you are moving out in writing, and that you expect your security deposit back in a timely manner. I would add that failure to return the security deposit will cause you to file suit for breach of contract and negligence.
As indicated in my articles, the landlord must timely provide you notice of the damages taken from the security deposit, and when he does this, you have to timely respond.
Everything should be documented, in writing, return receipt requested and/or delivery confirmation if possible.
One in your position may argue that the landlord failed to change the locks before you moved in. Failure to change the locks is a basis for a lawsuit with a count for breach of lease and a count for negligence. One might argue that the landlord had a duty to change the locks and his breach of duty put you in danger and indeed caused you to suffer harm and fear.
If you were my client, I would advise you to give notice that you are moving out in writing, and that you expect your security deposit back in a timely manner. I would add that failure to return the security deposit will cause you to file suit for breach of contract and negligence.
As indicated in my articles, the landlord must timely provide you notice of the damages taken from the security deposit, and when he does this, you have to timely respond.
Everything should be documented, in writing, return receipt requested and/or delivery confirmation if possible.
17/10 16:48:37
Unsafe wrote:
I am currently renting an apartment in Downtown Detroit. Last week my apartment was broken into and unfortunately I am stuck in a year lease. I would like to terminate this lease early as I am a female living alone and am now scared to stay in this building. I am going to move somewhere that has a door person. My current building my be entered into by either key or being buzzed in my another resident. The person who broke into my particular unit must have had a key as the door is always deadlocked. There wree muddy large foot prints all over my apartment, even next to my bed and I am now having friends stay over. The manager has changed my locks but I am still not feeling very safe. The manager has also informed me that the landlord usually finds reasons to not return tenants security deposits. Is the break in grounds to break my lease? What should I do regarding the security deposit? Thank you
17/10 15:19:33
Lisa Lindburg wrote:
We leased a 100 year old home in June. At the time we moved in we found the house in an unsanitary condition by cleaned it ourselves. Some health and Safety issues the landlord had promised to take care of were not done but we had to move in as we had given up our previous place of residence. 3.5 months later nothing was done about the repairs (peeling paper and crumpling plaster in two rooms, leak in a the roof that required a bucket to collect rain water. When we had a friend begin to take care the walls mold was extreme. We had to removed my daughter from her bedroom because of head aches and irritability. These symptoms ended when she was out of the room. When the landlord continue to delay repairs we withheld the rent and placed it in a separate account. We notified the landlord where the money was and we contacted the city to request information and this resulted in an inspection. On the day of the inspection the landlord served us with an eviction notice for not paying rent. He has previously told us if we were unhappy we could always move. We took him up on this an gave noticed with full intent to pay rent until we could find a place. The inspection found more serious health and safety violations including the inspector getting a huge jolt of a shock from the wiring...too many problems for them to list them all. No railings of 2 steep stairway, mushroom growing on mold in wall in garage. etc etc.
The land lord will take us to court...but we believe he may have been in violation of statutory covenants to repair. We believe we could have grounds for a Civil Suit as the eviction was in retaliation for our legally withholding the rent and causing an inspection that is
going to be very expensive for him. We think at a minimum we are entitled to moving expenses and return of our deposit. We also been advised that we
could file a larger suit but we only want to walk away from this. If he continues to take action against us we would qualify for legal aid.
The land lord will take us to court...but we believe he may have been in violation of statutory covenants to repair. We believe we could have grounds for a Civil Suit as the eviction was in retaliation for our legally withholding the rent and causing an inspection that is
going to be very expensive for him. We think at a minimum we are entitled to moving expenses and return of our deposit. We also been advised that we
could file a larger suit but we only want to walk away from this. If he continues to take action against us we would qualify for legal aid.
11/10 13:58:49
refadmin wrote:
Dear Jennifer:
Sounds like your daughter is disputing the validity of the lease. She may certainly do that in her defense of non-payment. Depending on the circumstances, she can argue the lease was breached - no need to void. The landlord has to mitigate damages and to prove their case in court if they want a judgment. If your daughter is legally entitled to access and they are not providing it and have unlawfully evicted her, well then, she has that in her defense.
Sounds like your daughter is disputing the validity of the lease. She may certainly do that in her defense of non-payment. Depending on the circumstances, she can argue the lease was breached - no need to void. The landlord has to mitigate damages and to prove their case in court if they want a judgment. If your daughter is legally entitled to access and they are not providing it and have unlawfully evicted her, well then, she has that in her defense.
21/09 10:29:26
refadmin wrote:
Dear Andrea:
The law provides that the tenant forfeits the security deposit if they do not respond in a timely manner. Perhaps the judge applied it. I do not know the facts to tell you one way or the other.
The law provides that the tenant forfeits the security deposit if they do not respond in a timely manner. Perhaps the judge applied it. I do not know the facts to tell you one way or the other.
21/09 10:26:20
Jennifer wrote:
My daughter signed a lease that was read to her,for a half of a room in a sorority house in Michigan. She no longer attends the university and is no longer a sorority member,however the sorority house will not void the lease. We do not have a key or access to the room and the roommate is treating as a single dwelling. I have paid the prorated August and full September rent but I'm reluctant to pay anymore. This lease runs August to August.
Thank you
Thank you
21/09 09:55:56
ANDREA wrote:
I received a judment against a tenant for non payment of rent. The Judge did not deduct the security deposit out of what he owed. Was this an oversight on her part or did he forfeit his deposit when he didn't pay the rent? - Michigan
08/09 00:05:00
refadmin wrote:
Dear Ash:
Get out of the condemned house as it is presumably too dangerous to live in. If you get sued, turn the blame to the landlord who was prevented by law from having you move in to begin with.
Get out of the condemned house as it is presumably too dangerous to live in. If you get sued, turn the blame to the landlord who was prevented by law from having you move in to begin with.
25/08 14:19:53
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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.