Getting Sued

What is the name of your state? Michigan
I am being sued by my landlord for a water bill that I disputed due to leaks throughout the house. She is also suing for for my last months rent, when I asked in advance if it could be my prorated security deposit, which I also wrote in my "vacate" letter. She kept the security deposit and did not "inform" me of this in writing. There were various repairs in the house left undone, I did the neccessary "to live" ones. She promised me that I could buy the hosue eventually and then refused when I was able to with the help of a friend. I did not keep receipts because we were friends and we agreed that I was doing repairs for a house I was going to own, and she didn't want to be burdened. I do, however, have witnesses of the men who helped me to repair the home throughout my tenancy. A check list was not completed upon residency or vacation of the premises so there is no proof of the leakages, do I have any rights? I have detailed photographs of the squalor I lived in with my children, that I never would have lived in had she not promised me I could buy the house, which I intended to update upon purchase, it is in a wonderful location. She solicited me as a tenant (former friend) with this promise.

My response:

You're out of luck. An offer to sell, and an acceptance to buy, must be in writing to be actionable in a court of law.

Move on, and lick your wounds. And next time, get it in writing!

IAAL

What about her small claim to me? I do not want to sue her for anything.

kan6015 said:

What about her small claim to me? I do not want to sue her for anything.

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My response:

Did you expect to bath, shower, do dishes, water the lawn, and drink water for free?

The leaks don't amount to a hill of beans, or you would have made an issue of it with her earlier - - and you have no proof of the leaks.

She will win.

IAAL

I have photographs of the leaks with the water damage (found in a wall on a hunt after the last huge bill, it was a faucet practically leaking down where the tub joins the cinderblocks in the basement, ther were several others- bathroom faucet,2 toilets running, a loose hose on the basse of the toilet, that we thought were the orginal culprits) and the friend who came in and fixed them time and time again after calling her and her not making any effort. Is that anything? I also said that I would pay a "normal" amount. I agree I owe a water bill, I do not agree that she did not inspect or maintain her property to prevent erroneous charges. It was a $1337.00 water bill (without watering the lawn, it was a cruddy house) for two quarters. The home I live in now (with lawn watering via a sprinkler system daily from May) has been $115.00, 230.00 and 180.00 respectively for the past three quarters.

kan6015 said:

I have photographs of the leaks with the water damage (found in a wall on a hunt after the last huge bill, it was a faucet practically leaking down where the tub joins the cinderblocks in the basement, ther were several others- bathroom faucet,2 toilets running, a loose hose on the basse of the toilet, that we thought were the orginal culprits) and the friend who came in and fixed them time and time again after calling her and her not making any effort. Is that anything? I also said that I would pay a "normal" amount. I agree I owe a water bill, I do not agree that she did not inspect or maintain her property to prevent erroneous charges. It was a $1337.00 water bill (without watering the lawn, it was a cruddy house) for two quarters. The home I live in now (with lawn watering via a sprinkler system daily from May) has been $115.00, 230.00 and 180.00 respectively for the past three quarters.

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My response:

You failed to place her on notice, in writing. Pictures of leaks are worthless - - think about it.

Also, there's no telling how long those leaks were occurring, or whether you just used massive amounts of water.

You'll lose and be ordered to pay the judgment.

IAAL

OK, but... couldn't I gather past and present water bills for the address no that the pipes are fixed? Wouldn't a discrepancy be obvious? Just out of curiosity- How is a tenant liable for a leak? Of course except for specific damage. I'm serious, what it the basis? Are landlords in Michigan required to do home inspections? Are there property standards in this state. I have no clue. I am obviously ignorant to this issue, that is why I am asking.

kan6015 said:

OK, but... couldn't I gather past and present water bills for the address no that the pipes are fixed? Wouldn't a discrepancy be obvious? Just out of curiosity- How is a tenant liable for a leak? Of course except for specific damage. I'm serious, what it the basis? Are landlords in Michigan required to do home inspections? Are there property standards in this state. I have no clue. I am obviously ignorant to this issue, that is why I am asking.

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My response:

You can do all the "gathering" you want. It won't make ANY difference. The fact is, YOU knew there was a problem, and you failed to place the landlord on notice in writing. You knew that this problem was costing you money, and since you were the tenant, you had "control" over the premises, and it was YOUR duty to bring this to her attention IN WRITING.

But, you let it go, believing that, "Well it's her house, and her problem." Wrong! You were the one in control of the premises. This was your responsibility because YOU were the one liable for the water bill!

And no, there is no law compelling a landlord to inspect their property with a fine-tooth comb - - UNLESS they are placed on written notice of a particular problem.

IAAL

OK, just so you know, I do not have a "her house, her problem" mentality, quite the opposite.
This woman was my friend, I called her about every problem in the home and believed her sob stories why she couldn't/wouldn't come to fix things. I was living in an 80 year-old crumbling fixer upper (which is a nice way to say DUMP or crack house in our town) while she cried in her four bedroom colonial with the built in pool and I felt sorry for HER, things seemed so out of her reach. HELL, I wrote a LETTER for her when she got divorced so she would maintain OWNERSHIP of this house. I was always honest and urgent when wiring blew, when pipes leaked, when smoke came out of light sockets, she blew me off, friends of mine fixed EVERY urgent repair at HER suggestion, since I was "buying" the house. As a single woman I thought this was my "oppurtunity" to provide for my family, take a crappy house and make it beautiful once I "owned" it. As absurd as it sounds, she was my friend, why would I put my friend on notice in writing when she was having a hard life?
I am gullible but I do not have an attitude that she is out of luck chuck. Never have, never will. I was just wondering if the truth matters, if good will matters and just how expensive my naive trusting would be. It is just about $3000.00.
Thanks for talking to me like I am an idiot (I think I've already come to that conclusion about myself, but thanks for the support). Here's a landlord tip, because you sound like a lawyer/landlord or a lousy landlord lover: Get to be good buddies with your tenants and cry about your crappy marriage, whatever, they won't make you fix a thing!
This is me paraphrasing your advice: Document everything in this world or someone, no matter who it is, will sue you.
And this is my grain of wisdom I take from you, when you have no clue and feel a little stupid and very nervous, some other guy is out there to help you feel a little more stupid.
Good night, Sunshine!

kan6015 said:

OK, just so you know, I do not have a "her house, her problem" mentality, quite the opposite.
This woman was my friend, I called her about every problem in the home and believed her sob stories why she couldn't/wouldn't come to fix things. I was living in an 80 year-old crumbling fixer upper (which is a nice way to say DUMP or crack house in our town) while she cried in her four bedroom colonial with the built in pool and I felt sorry for HER, things seemed so out of her reach. HELL, I wrote a LETTER for her when she got divorced so she would maintain OWNERSHIP of this house. I was always honest and urgent when wiring blew, when pipes leaked, when smoke came out of light sockets, she blew me off, friends of mine fixed EVERY urgent repair at HER suggestion, since I was "buying" the house. As a single woman I thought this was my "oppurtunity" to provide for my family, take a crappy house and make it beautiful once I "owned" it. As absurd as it sounds, she was my friend, why would I put my friend on notice in writing when she was having a hard life?
I am gullible but I do not have an attitude that she is out of luck chuck. Never have, never will. I was just wondering if the truth matters, if good will matters and just how expensive my naive trusting would be. It is just about $3000.00.
Thanks for talking to me like I am an idiot (I think I've already come to that conclusion about myself, but thanks for the support). Here's a landlord tip, because you sound like a lawyer/landlord or a lousy landlord lover: Get to be good buddies with your tenants and cry about your crappy marriage, whatever, they won't make you fix a thing!
This is me paraphrasing your advice: Document everything in this world or someone, no matter who it is, will sue you.
And this is my grain of wisdom I take from you, when you have no clue and feel a little stupid and very nervous, some other guy is out there to help you feel a little more stupid.
Good night, Sunshine!

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My response:

Gee, and all because I couldn't agree with you. What did you want, a nice warm fuzzy pillow? Sorry, I don't do pillows, and I don't allow people to cry on my shoulder.

All because you didn't follow the law, or you failed to protect yourself, don't get pissy with me, lady.

If you want the truth, without the sugar coating, then come see me. If you want lies, and to feel all warm and cuddly, then go to "Dear Abby".

You made your bed, now lie in it.

IAAL

IAAL, I really enjoyed reading this thread. Kudos.

Oh, I didn't realize you talked about any laws, you simply preached general rhetoric and prejudged that I was some spiteful person. I'm not pissy or crying, mister, I am simply grateful I am not you or my landlord. You seem sad, rude and a little bitter. I was not looking for agreement I was looking for clarification. I was asking for concrete information and I got opinion. I am flabbergasted at my moronic situation, I do not normally "surf the web." I've had a great time, honestly. I have never actually witnessed a chat or a thread in my lfe.
I was asking to understand why and what ARE the laws and you not once explained. Your cut and dried opinion was entertaining, however. I am sure your 23 years practicing law (read your profile) has exhausted you. I hope you helped a lot of people, including yourself. Reading this website, pretty stupid people (including me) ask you people questions, seeking understanding, and I am amazed that most of the answers from the "experts" are so demeaning and rude.
I continued because I thought you might realize I was looking for the facts behind the laws behind my law suit and might say "This is the law__________, this is why you are in violation _________." Or, you would have explained that yes it is necessary to read tenant/landlord laws and where they can be found, blah, blah, blah.
Congratulations, you are unkind (regardless of what you "allow") and pretty funny, but if you are so disgusted with the morons looking for direction and perhaps empathy, why are you doing this? Your slams about me are actually quite hilarious and prove my point I often to contmemporaries, "you never know who you are talking to on email."
I thought this would be a kind of "mapquest" for legal idiots, the direction wouldn't be guaranteed but it give a general guide of what north is, even if north didn't make me happy. My mistake. Continue on with your brutal opinion and slap five with the other guides with daggers wandering this site typing away to a nirvana where idiots come to be ridiculed. Here's a tip, brutal honestly doesn't have to be brutal. All of the things you said to me may and probably are absolutely true, legally speaking, but it is clear your skills and knowledge do not transfer into you communications or your sense of humanity.
Have a great morning.