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Michigan - house lease, landlord terminating

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divona2000

Senior Member
What is the name of your state (only U.S. law)? Michigan

Hello everyone.

I have read all 10 FA pages of MI related Landlord/Tenant posts (of course) and searched other resources, but am uncertain how to interpret our landlord's Notice, due to the dates involved. All of this takes place in 2014.

May 27 - landlord came to where I work and verbally told me she was evicting us. I told her she could not (no reason to) she clarified that she was actually just ending our m2m lease. I told her I wanted it in writing.

June 2 - USPS left a slip for certified mail from landlord. Picked it up at post office soon as possible, 8:30 am today. Landlord mailed it from Indiana May 29.

The enclosed letter was a typed "Notice of Lease Agreement Termination", dated May 27 and stated "Termination will be effective as of May 28...this is your 30 day notice to vacate."

Our month-to-month lease was signed April 10, 2012 to begin May 1, 2012. Our rent is due on the first of each month, for that month.

We already paid June rent in May (we always pay early).

Landlord expects us to be out in 25 days (on June 28) from the date we actually got her written notice.

I think that we have until July 31 to be out. We are already packing/house hunting, but is our last day here June 28, June 30, or July 31?
Thank you!
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Michigan

Hello everyone.

I have read all 10 FA pages of MI related Landlord/Tenant posts (of course) and searched other resources, but am uncertain how to interpret our landlord's Notice, due to the dates involved. All of this takes place in 2014.

May 27 - landlord came to where I work and verbally told me she was evicting us. I told her she could not (no reason to) she clarified that she was actually just ending our m2m lease. I told her I wanted it in writing.

June 2 - USPS left a slip for certified mail from landlord. Picked it up at post office soon as possible, 8:30 am today. Landlord mailed it from Indiana May 29.

The enclosed letter was a typed "Notice of Lease Agreement Termination", dated May 27 and stated "Termination will be effective as of May 28...this is your 30 day notice to vacate."

Our month-to-month lease was signed April 10, 2012 to begin May 1, 2012. Our rent is due on the first of each month, for that month.

We already paid June rent in May (we always pay early).

Landlord expects us to be out in 25 days (on June 28) from the date we actually got her written notice.

I think that we have until July 31 to be out. We are already packing/house hunting, but is our last day here June 28, June 30, or July 31?
Thank you!
Well, its definitely not June 28th since you have already paid June rent.
 

justalayman

Senior Member
ut is our last day here June 28, June 30, or July 31?
none of the above


MI requires 30 days, not 1 rental period. The equal to 1 rental period is what is confusing. That just means that if you rent week to week, you must be given 7 days. If you rent month to month, 30 days but it does not have to require the time to coincide with an actual rental period.

but it is from the date of written notice. That means your tenancy ends July 3.

You were given notice when you received the notice, not when it was sent.
 

STEPHAN

Senior Member
You could try to negotiate a later date.

If necessary send them a letter via registered mail that you received the notice on 6/3 and that you have 30 days from that day.

Good luck on your house hunting.
 

divona2000

Senior Member
Update- no security deposit refund

After our LL issued her illegal landlord self-help eviction verbal notice to us, we started moving & had our possessions out by June 30. (I did send her written notice that we legally had until July 3 to vacate). On that day June 30, while we were still there & cleaning, the house was being shown for sale. The real estate agent, his wife, the couple viewing the house, the landlord/owner & her daughter were all there. We all did various walkthroughs. No complaints or comments were made by landlord, no issues were found with condition of home. Photos were, and had been, taken. (Several are being used on sale listing). We did not get anything in writing from LL at that time, no inventory checklist (in fact, she refused to speak with us, angry because we wouldn't buy the house).

We did come back July 1-3 and continued cleaning that home, just to make sure everything was perfect. One set of keys and notice of our new address left in writing at that house (about to become owner occupied) after our last legal day there, on July 4, and second set of keys and address notice sent by mail CRR July 10, as backup, to that formerly rented house, where LL was now living, in case she tried to dispute our move out date. I also included a request for our security deposit, as we owed neither rent or utilities.

(At the time we rented, we did not know that the state limit was 1 & 1/2 times the amount of rent for security deposit. LL charged us 2X monthly rent of $500 for SD. A year later she raised the rent to $550, without proper notice).

Landlord signed for that letter on July 15, at our formerly rented house.

However, we received a typed letter from LL, mailed on July 10 from out of state, to our former address (instead of our new, correct address, which she did have). Since it went through the forwarding system, it took about 11 days longer than it should have to arrive. Forwarding tag is dated July 22, we got it July 24.

The letter states LL is keeping our entire security deposit, $1,000, for "damages and repairs" and "cleaning" including ludicrous things like 'bathroom faucet was leaking' and 'rust on toilets, drains need cleaning'. LL states that no refund will be forthcoming.

LL also wants the carpet replaced in the entire house. House was built in 1995. LL wants electric cookstove replaced. I'm guessing it's older than the house!

There are no damages that are more than normal wear & tear. We took hundreds of photos of home & yard while living there, showing well maintained & in good condition.

LL has not complied with MI state requirements.
1. There is no "You must respond...7 days..." statement on her damages list. (I will of course be responding by mail within 7 days of receipt anyway).

2. The list has no costs for repair, no amounts or what any estimates may be based on. No dollar amount is mentioned at all.

I very strongly suspect that she has already spent our money :(

Questions:
If LL does not comply with "Notice of damage" requirement within 30 days ( I believe she has 4 days left to do so?) does she waive her right to claim any damages?
Can we then sue her for twice the SD amount?

Thank you.
 
Last edited:

Gail in Georgia

Senior Member
LANDLORD AND TENANT RELATIONSHIPS (EXCERPT)
Act 348 of 1972


554.609 Itemized list of damages; check or money order; contents of notice of damages.


Sec. 9.

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 claimed for which the security deposit may be used as provided in section 7, 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 list shall 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 and shall not include any damages that were claimed on a previous termination inventory checklist prior to the tenant's occupancy of the rental unit. 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.”.




LANDLORD AND TENANT RELATIONSHIPS (EXCERPT)
Act 348 of 1972


554.610 Effect of noncompliance with notice of damages requirement.


Sec. 10.

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.


History: 1972, Act 348, Eff. Apr. 1, 1973


Doesn't say you can sue for twice the security deposit.

Gail
 
Last edited:

os478

Member
Gail,

Is my interpretation of this correct? Double security deposit can only be applied if a suit isn't filed within the 45 days by the landlord if the tenant disputes the charges to the security deposit? Would the unless part of 'b' apply if the tenant received the letter much later than the postmarked date?

http://www.legislature.mi.gov/documents/mcl/pdf/mcl-act-348-of-1972.pdf

554.613 Action for damages; retention of security deposit; waiver.
Sec. 13. (1) Within 45 days after termination of the occupancy and not thereafter the landlord may
commence an action in a court of competent jurisdiction for a money judgment for damages which he has
claimed or in lieu thereof return the balance of the security deposit held by him to the tenant or any amount
mutually agreed upon in writing by the parties. A landlord shall not be entitled to retain any portion of a
security deposit for damages claimed unless he has first obtained a money judgment for the disputed amount
or filed with the court satisfactory proof of an inability to obtain service on the tenant or unless:
(a) The tenant has failed to provide a forwarding address as required by section 11.
(b) The tenant has failed to respond to the notice of damages as required by section 12.
(c) The parties have agreed in writing to the disposition of the balance of the deposit claimed by the
landlord.
(d) The amount claimed is entirely based upon accrued and unpaid rent equal to the actual rent for any full
rental period or portion thereof during which the tenant has had actual or constructive possession of the
premises.
(2) This section does not prejudice a landlord's right to retain any security deposit funds as satisfaction or
partial satisfaction of a money judgment obtained pursuant to summary proceedings filed pursuant to chapter
57 of Act No. 236 of the Public Acts of 1961, as amended, being sections 600.5701 to 600.5759 of the
Compiled Laws of 1948 or other proceedings at law. Failure of the landlord to comply fully with this section
constitutes waiver of all claimed damages and makes him liable to the tenant for double the amount of the
security deposit retained.
History: 1972, Act 348, Eff. A
 

divona2000

Senior Member
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 claimed for which the security deposit may be used...including the estimated cost of repair of each property damaged item and the amounts and bases on which he intends to assess...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.
There is the part I am concerned about. LL has not followed the legal requirements for that notice.

However, LL claims our occupancy ended June 28 (31 days after her self-help eviction verbal notice on May 27. She also put that date in writing).

We believe our legal occupancy ended July 3, 30 days after we were notified by mail recieved on June 3.

Question 1.
Does LL have until Aug 2 to send proper notice, or did her chance pass 30 days after her declared date to end occupancy?

Question 2.
Concerning that last quoted requirement, should I even try to address her claims, or just write a demand letter for return of our full security deposit?

(Also, there are no damages beyond minor, normal wear & tear, and that is minimal).
 
Last edited:

divona2000

Senior Member
...A landlord shall not be entitled to retain any portion of a security deposit for damages claimed unless he has first obtained a money judgment for the disputed amount...
LL kept all of it.

(b) The tenant has failed to respond to the notice of damages as required by section 12.
Kind of a Catch-22, since LL has not actually sent the required, proper notice. Just a typed letter saying she was keeping all of our money with a list of silly reasons. No dollar value assigned.

...Failure of the landlord to comply fully with this section constitutes waiver of all claimed damages and makes him liable to the tenant for double the amount of the
security deposit retained.
There's that 'double the amount' part. LL hasn't actually complied with any of the legal requirements.
 

STEPHAN

Senior Member
Kind of a Catch-22, since LL has not actually sent the required, proper notice. Just a typed letter saying she was keeping all of our money with a list of silly reasons. No dollar value assigned.
Send them a demand letter anyway (via certified mail).
 

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