elhrc

300 BaileySt.#301

East Lansing, MI 48823

(517)337-9795

East Lansing Office

The Housing Resource Center is a comprehensive housing counseling agency dedicated to the goal of decent, safe and sanitary shelter for every citizen in the Greater Lansing area. Trained counselors can assit you on the phone or you can make an appointment to come in and speak with us. Walk-ins are also welcome. The Housing Resource Center is a non-profit organization.

Security Deposit Maintenace Problem Illegal Eviction Leasing Basic Rights and Responsibilities

When You Move In
READ YOUR LEASE BEFORE YOU SIGN!!!

Security Deposit: A security deposit is any refundable fee held for the entire lease term. It cannot exceed one and a half times the monthly rent, and must be returned to you, minus any claims, within 30 days of when you move out.
Cleaning Fees : A cleaning fee is legal if it is a non-refundable fee paid at the beginning of the lease term. Be sure you are getting what you pay for!
Appilcatlon Fee (Also known as Administation fee or PreP Fee) : This can be in addition to or in place of a cleaning fee and can range from $15 to $100 or more. It covers the cost of a credit check, and may provide for preparation of the apartment.
Inventory Checkilsts : According to the Michigan Security DeposH Law, if your landlord requires a security deposit from a tenant, he must provide the tenant with 2 copies of any inventory checklist at the start of the occupancy. The tenant then has 7 days to inspect the unit, complete the checklist noting any damages to the unit, and return one copy to the landlord.

When You Move Out

Notice: A periodic tenancy requires only that the tenant gives 30 days notice to terminate the tenancy. This notice should be in writing to avoid misunderstandings. With a fixed term tenancy, some leases require that the tenant give 30 days notice prior to the expiration of the lease. In either case, if this notice is not given, the tenant may be held responsible for rent due until the required notice period has expired.
Lease Break/Sublease : If you move out prior to~expiration of a fixed term lease, you may be held responsible for the rent until the unit is re-rented or until the lease expires, whichever comes first. The landlord has the responsibility to mitigate damages (minimize his or her loss) by attempting to re-rent the unit following whatever procedure they normally use to rent vacant apartments.

You, as a tenant, may elect to minimize your losses by attempting to sub-lease the unit. Most leases contain clauses stating that the landlord must consent to sublease. Under the terms of a sub-lease, the original tenant becomes landlord to the sub-tenant, and therefore must follow the rules applicable to landlords.

SECURITY DEPOSIT
Your rights and responsibilltles

Secufity deposits can be withheld only for actual darnages beyond normal wear and tear, unpaid rent and unpaid utilities. A security deposit can only be used for these items and may not be used forcleaning, cleaning fees orlatefees. Your security deposit is your money until the landlord obtains a judgment against you. You can recover your deposit in a dispute if you observe the schedule and document your case.

Keep copies of everything: cancelled checks for your rent and security deposit, your lease and inventory cheklist, and all communications with your landlord.

MOVING OUT: Return your keys and remove all your property. Clean the apartment or house. Document the extent of any damages with photographs now, In case a dispute arises

WITHIN 4 DAYS of date you move out: Notify the landlord In writing of your new address. Keep a copy of the letter.

WITHIiN 3O DAYS of date you move out: The landlord must return the deposit or send an itemized list of damages plus check for the balance. If the landhrd doesn't contact you within 30 days, you are entitled to the full amount of the deposit immediately. Send a ietter certified mail/ return receipt demanding your deposit. Keep a copy.

WITHIN 7 DAYS of hearing from landlord: If within 30 days of moving out you receive an itemized list of damages and a check for the balance of you security deposit and you believe either the extent or amount of damages is unfair, send the landlord a letter listing the points of disagreement. Keep a copy of the letter. If you do not respond within seven days, you lose your right to the money.

WITHIN 45 DAYS of date you move out: The disputed amount must be returned, or the landlord must have started court action. If within 45 days of moving out the landhrd has failed to contact you at all or has not started court action for the disputed damages you are entitled to start court action yourself and seek up to double the amount withheld

If you have not received your security deposit within 45 days, you will probably need to take legal action. Inform your landlord in writing tnat you want double the amount of the deposit that was withheld or you will begin court action. Send the letter certified mail/return receipt and keep a copy. Following the above procedures should provide sufficient evidence for you to present your case in court. NOTE: The above schedule does not apply if the disputed amount includes only unpaid rent.

RESOLVING MAINTENANCE PROBLEMS

COMUNICATE WITH LANDLORD
Talk with your landlord
Keep copies of all letters
Take pictures of problems
Set a deadline for completion of repairs and put it in writing
Mail all letters by certified mail

DOCUMENTATION IS CRITICAL

1. Document the date and time of all conversations with the landlord
2. Be able to prove that the landlord had knowledge of the problem and reasonable with time to make repairs
3. Have proof of delivery - Certified Return or witness of delivery
4. Keep copies of all letters
5. Have evidence of the problem MORE SERIOUS OPTIONS

Repair and Deduct -tell your landlord in writing that if repairs are not made by a set date, you will get estimates, have repairs made and deduct it from the rent

Withholding Rent -tell your landlord in writing that if repairs are not made by a set time you will withhold rent.

Inspections -file a complaint with local housing inspectors, this could result in immediate condemning and evacuation.

ILLEGAL EVICTION

Michigan eviction law prohibits the landlord from interfering with the tenant's posession of the leased premises through what are known as self- Help Acts:
- removing, holding, or destroying personal property.
- Changing the locks or boarding up the premises to prevent entry.
- shutting off utilities, including gas, water, heat, electricity.
- interfering in any way with use of the premises by using or threatening, force. or harassment with noise or any other nuisance.

HOW TO RESPOND TO A SELF-HELP ACT:

First. the tenant should contact the landlord. explaining that the landlord is in violation of state of Michigan eviction law. The landlord may not be aware that the action was a violation of the state eviction law.

If utilities have been shut off, utilities may be turned back on in tenant's name.
If a tenant has been denied access to the home, the tenant does have the right to gain access to the premises but must do so peacefully and not cause damage.

A tenant may choose to consult with an attorney, who can get an injunction against the landlord through the courts, ordering that the tenant regain possession of the premises.
If a landlord performs a self help action, tenants may consider possibility of court action against him/her. The landlord may be liable to the tenant for a minimum of $200 for each act or 3 times the amount of any damages. If a tenant chooses this plan of action, consult an attorney or housing counselor for assistance.

EVICTION UNDER A 7-DAY NOTICE TO QUIT

Under either "FIXED" or "PERIODIC" tenancy. a tenant may be evicted for the following reasons, usually with a 7-day notice.
1. Non-payment of rent.
2 Damage to property or serious and continuing health hazard.
3. Violation of rental agreement by tenant.
4. Tenant's failure to leave after lease expires.

A 7-Day Notice to Quit gives the tenant 7 days to correct the situation or to move out, except where the lease has expired.

NOTICE OF TERMINATION OF TENANCY (30 Day Notice):

Tenant under a "Fixed Lease" may not be evicted without cause
Tenant under "PERIODIC" lease may be evicted without cause with a written, notice giving tenant at least one rental period's notice.

USEFUL INFORMATION
Important Points - A Summary

1. Landlord must give written notice of eviction, served properly. This is called a NOTICE TO QUIT.
2. Tenant is not required to move when the NOTICE TO QIIT expires. Expiration of the notice merely enables the landlord to fi1e for a court hearing. This takes approximately ten days.
3. When tenant receives the summons. keep it and show up in court on time. If tenant doesn't go to the hearing, tenant will probably lose the case automatically.
4. If tenant loses the case. tenant can appeal the decision. The judge must give the tenant a minimum ten days to appeal.
5. Only an officer of the court writ of restitution can eject the tenant. Actual eviction can only occur after the landlord has won the court hearing and the appeal period expires.
6. Tenant has legal recourse to an illegal eviction. Consult an attorney or housing counselor for assistance.
7. Tenants may still be held responsible for the lease term if evicted.

LEASING BASICS
Fixed Term vs. Periodic Tenancies In a fixed term tenancy the rental period begins and ends on a specified date. The rental amount and rules may not be changed during this period unless both the landlord and the tenant agree to the change. In a periodic tenancy the agreement renews each time you pay the rent (i.e., month to month), with no specified ending date. Either party can change the terms of the agreement with one rental period's notice. Therefore,>

Transfer interrupted!

y give 30 days notice. Joint and Several Liability Most leases contain a clause that state that each tenant signing the lease is responsible jointly and severally for the terms of the lease. This means that if one roommate moves out, the remaining roommates are responsible for the total amount of the rent. If it is not paid in full, they may be evicted. Their recourse is to sue the roommate who left for his or her portion of the rent.

Tenants and Landlord Rights and Responsibilities

Basic Tenant Responsibilities

To pay rent on time.
To keep premises in good condition.
To advises the landlord of problems, preferably in writing.
Toleave the premises in good condition as it was when rented.

Basic Tenants Rights

Covenant of Quiet Enjoyment: This promises that the tenant shall enjoy the posession of the premises in peace and without disturbance.
Covenant to Repair, Warrant of Hability: When the landlord accepts rent, he has the legal obligation to keep the premises in reasonable repaire and in safe and habitable condition.
Right to Written Notice of Eviction: Repaires a notice toquit from landlord and court order for eviction.

Basic Landlord Responsibilities

Maintenance: Must provide a safe and habitable dwelling.
Security Deposit: Resuires to reture the unclaimed portion of the security deposit.

Basic Landlord Rights

Receive a rent on time
Property without demaged Receive payment for damaged
Maintenance right

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