Input Needed- Where did I go wrong?

[JenniSam]

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

I am a landlord and I lost in court today. I had a default judgment against a tenant that was overturned today and I am so confused why. Unfortunately the judge I will see for landlord tenant cases is extremely confusing and seems to ALWAYS favor the tenant. In this case I was sure I followed all the proper steps and met all requirements.

I filed for health hazard eviction against a tenant because he was growing marijuana in my house and ruining the home in the process. At the same time I filed for a money judgment for past due rent and water bills. The tenant moved out before the eviction hearing but we still appeared on 11-14-11 to discuss the request for a money judgment. During that hearing the judge said the tenant had until 12-8-11 to respond to the summons and complaint so nothing was really reviewed. Since the tenant moved out 11-11-11, I still mailed the security deposit statement within the 30 days and he received it on 12-9-11(cert. mail). The tenant did not respond to the summons and complaint for money by the 12-8 deadline. I filed for default on 12-12 and the judge signed it. On 12-15 the tenant sent me a letter disputing how I applied his security deposit. I did not respond to his letter. I did not respond because it is my understanding that he was supposed to respond to the court to dispute what we were asking. The judge overturned the default stating I should have responded to the letter and because the tenant said he was confused and thought he needed to only respond to landlord. If I have a suit in process and he responds after the default date, why do I need to personally address him at all? At this point, isn't it his responsibility to convince the court that he has good reason why he didn't respond?

I have gone over the Michigan landlord/tenant booklet that this judge likes to use and I can't find where it says that not responding to this letter would justify overturning a default judgment. Maybe I am missing a step here and not realizing it...?What is the name of your state (only U.S. law)?

 

[Gail in Georgia]

Sounds like the problem is a confused (or very pro-tenant) judge.

If all tenants could use the excuse they were confused, it's likely no landlord would win their case for eviction/judgement.

Gail

 

[justalayman]

LL gave notice of justification for retention of the deposit after filing suit. That would mean LL would have to subtract the retained deposit from total calculated damages when making a claim.

so JenniSam, when you sued, did you subtract the deposit you held from the damages sought in your calculations?

By doing this in the order you did, you caused the confusion. Beyond that, overturning a default judgment doesn't really mean anything itself other than you now have to prove your case. So, did the judge simply overturn the default or did he enter a new judgement for you or the tenant?

. If I have a suit in process and he responds after the default date, why do I need to personally address him at all?

because the suit and the retention of the deposit are separate issues. Tenant had a right to dispute the retention of the deposit when given notice of the retention (DEC 9). The suit was filed long before that so while the suit should have been ruled on independently, the fact you (should) have already subtracted the amount of the deposit from the damages claimed, the two situations are intertwined and as such, righteously allowed to be brought to court together.

 

[HomeGuru]

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

I am a landlord and I lost in court today. I had a default judgment against a tenant that was overturned today and I am so confused why. Unfortunately the judge I will see for landlord tenant cases is extremely confusing and seems to ALWAYS favor the tenant. In this case I was sure I followed all the proper steps and met all requirements.

I filed for health hazard eviction against a tenant because he was growing marijuana in my house and ruining the home in the process. At the same time I filed for a money judgment for past due rent and water bills. The tenant moved out before the eviction hearing but we still appeared on 11-14-11 to discuss the request for a money judgment. During that hearing the judge said the tenant had until 12-8-11 to respond to the summons and complaint so nothing was really reviewed. Since the tenant moved out 11-11-11, I still mailed the security deposit statement within the 30 days and he received it on 12-9-11(cert. mail). The tenant did not respond to the summons and complaint for money by the 12-8 deadline. I filed for default on 12-12 and the judge signed it. On 12-15 the tenant sent me a letter disputing how I applied his security deposit. I did not respond to his letter. I did not respond because it is my understanding that he was supposed to respond to the court to dispute what we were asking. The judge overturned the default stating I should have responded to the letter and because the tenant said he was confused and thought he needed to only respond to landlord. If I have a suit in process and he responds after the default date, why do I need to personally address him at all? At this point, isn't it his responsibility to convince the court that he has good reason why he didn't respond?

I have gone over the Michigan landlord/tenant booklet that this judge likes to use and I can't find where it says that not responding to this letter would justify overturning a default judgment. Maybe I am missing a step here and not realizing it...?What is the name of your state (only U.S. law)?

**A: there is a number of things you did wrong. And some you have already stated in your post.

 

[JenniSam]

LL gave notice of justification for retention of the deposit after filing suit. That would mean LL would have to subtract the retained deposit from total calculated damages when making a claim.

so JenniSam, when you sued, did you subtract the deposit you held from the damages sought in your calculations?

By doing this in the order you did, you caused the confusion. Beyond that, overturning a default judgment doesn't really mean anything itself other than you now have to prove your case. So, did the judge simply overturn the default or did he enter a new judgement for you or the tenant?


because the suit and the retention of the deposit are separate issues. Tenant had a right to dispute the retention of the deposit when given notice of the retention (DEC 9). The suit was filed long before that so while the suit should have been ruled on independently, the fact you (should) have already subtracted the amount of the deposit from the damages claimed, the two situations are intertwined and as such, righteously allowed to be brought to court together.

After seeing your explanation, I understand. I was under the impression the two separate isuses would be ruled on separately. I guess I made things confusing by filing for the money judgment before I knew what the damages would be and how to apply the sec dep. But I wanted to file for my past due rent and water before the tenant disappeared. That is all the original judgment asked for. Then I had to get the electrical wiring fixed and venting system put back in place and repair large holes in the walls. This was included in sec. dep. statement and all of the sec dep was used for these damages. This tenant really altered the house based on what he claims is his legal right to grow.

I applied the security deposit to the outstanding balance in the sec dep statement. It actually came out to more than the judgment but I was willing to go with what was granted. The judge said, when he hears this case for the 4th time now, if we show receipts and damages for more than the original judgment, the tenant runs the risk of getting and judgment against him higher than before. I have my receipts and pictures so I am comfortable with my evidence. I am not comfortable with the wishy washy judge. I have sat in the courtroom many times just to listen, he appears to be very pro-tenant. I have learned things about what he likes and doesn't like and I've tried to incorporate that if I have to go before him. But it seems to change depending on the day for him. Thanks for your reply!

 

[JenniSam]

Sounds like the problem is a confused (or very pro-tenant) judge.

If all tenants could use the excuse they were confused, it's likely no landlord would win their case for eviction/judgement.

Gail

Gail - this judge is so hard to read. I thought things were going well for me. Then he said he was overturning based on my lack of response to the tenants demand for security. I thought the steps were as follows.

1. Landlord sends sec. dep statement within 30 days.
2. Tenant sends demand for or despute of sec. dep. within 7 days.
3. If the Landlord does not respond then the tenant can file in court for return of desposit. I still don't see where the landlords failure to respond automatically means the courts rule in the tenant's favor.

I also read that the tenant is responsible to address each line of the sec. dep statement and a blanket statement simply saying they don't agree will not suffice. I guess the judge overlooked that like he overlooked the fact that tenant was given written notification from the court of the money suit and the deadline. Then at the 11-14 -11 hearing the judge said again, that the tenant had until 12-8 to respond to the summons and complaint. I just don't see where his argument was enough to warrant overturning the judgment.

Thanks for your reply!