MICHIGAN TENNANT RIGHTS PROBLEM :confused:

[jaime]

Since Tennants Rights clearly states that all verbal agreements are null and void, is it legal to charge for carpet fee, especially $15.00 and $20.00 per month for 3 years, without being stated in the lease? We have no protection to prove legally that these amounts were paid, or that the fee would be stopped after the third year. Our management company states that they don't have to put it in the lease, is this true? Also, after the third year, would the monies paid each month toward the "carpet fee" legally make the carpet mine?
Also, is there anything we can do about the apartment maintenance? We are supposed to live in a secured building with a lock on the front entrance...this has been gone for over 3 months and anyone can walk in. Also, we have faucets dripping, cracks and splits in the walls and ceiling (that was painted over so we wouldn't notice when we moved in), and other numerous complaints. We have lived here for 2 years this month. Is there anything at all we can do...especially about the "carpet fee"?

 

[Tracey]

If the carpet fee were just included in the rent, you couldn't do anything. However, by charging you separately for the normal wear & tear on the carpets, L is pretty blatantly trying to get around the restrictions on security deposit deductions. You can sue L to have the carpet fee declared illegal & demand a refund. After all, you weren't given the option of having the carpet removed & not paying the fee, were you?

Furthermore, if the fee is not listed in the lease, it's not due. Check your lease. Near the end there is a "merger" clause that states, "This written agreement is the only agreement between the parties & no other oral agreement is enforceable." You can sue L for extortion and/or breach of contract (changing the lease orally, instead of in writing).

Report L's practices to the state attorney general. S/he may take L to court on behalf of all L's tenants.

I couldn't find any laws on L's duty to repair. Check your local tenant's association or library to see it they have any info on this issue. You may have the right to pay rent to the court until the repairs are completed, di the repairs yourself & deduct the costs from rent, or lawfully terminate the lease.


554.607 Security deposit; permissible uses. [M.S.A. 26.1138(7) ]
Sec. 7. A security deposit may be used only for the following purposes: (a) Reimburse the landlord for actual damages to the rental unit or any ancillary facility that are the direct result of conduct not reasonably expected in the normal course of habitation of a dwelling.


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.