Renting / Eviction / Damages...

[pr0c]

I lived in this house in michigan for about 6 months. The rent was month by month, no lease or any other agreement was signed for anything over a month. When we moved in the landlord gave us a break on Security Deposit and was gonna let us pay it later. During our last month several bad things happened and we couldn't afford rent. We notified our land lord, he got the papers necessary for eviction and we had to be out on the 1st of the following month. Our rent was 600. We didn't pay the security deposit before we moved out. Now the landlord is suing us for 2000 dollars roughly. Hes charging us for 2 months rent and the security deposit plus 500 dollars damages.

The damages, we had some furniture we couldn't remove and our dog messed up a few screens. BUT the carpet was in horrible condition when we moved in and we cleaned it 3 times the first day to get the smell out. I have not seen an itemized list of damages but we have witnesses for the carpet which i'm sure is the majority of the cost.

Now the security deposit would have gone toward damages... Can he sue us for the security deposit when we are payin damages anyway? And how can he charge us 2 months rent when we signed a contract for one ?? I've told him we'll agree to 1200 dollars. Is that not fair ?

Also our security payment was cut in half to begin with because we had to clean before we moved into it.

[Edited by pr0c on 05-21-2001 at 03:07 PM]

 

[JETX]

Without extensive information (which is beyond the scope of this forum), we are not able to determine what is fair or not in this situation.

However, I will offer the following:
1) Your correct. It seems unusual for a landlord to attempt to obtain a security deposit PLUS reimbursement for damages. I think that there is probably either some miscommunication here. In any case, I don't believe the court would rule that he gets both.

2) As for 2 months rent... Is it possible that he is billing for the unpaid rent for the month you lived there, PLUS another month for 30 day move-out? That is the only way I can figure he is claiming for 2 months unpaid.

3) Damages. The landlord is certainly entitled to recover the cost of any NON-'wear-and-tear' damages that you did to the property. The question only exists as to what is reasonable and recoverable.

Personally, it sounds like you recognize that you are responsible for SOME costs. I suggest that you continue trying to resolve this with the landlord. Make sure that he gives you itemized copies of all damages (WITH receipts or estimates).

Finally, make sure that BOTH of you are in compliance with the Michigan Landlord-Tenant Relationships Act (take note of §554.605, 554.607, 554.608 and 554.609) and the following:
"§554.610 Effect of noncompliance with notice of damages requirement.
Failure by the landlord to comply with the notice of damages requirement within the 30 days after 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."
Click on the following to see the full text of the Act:
http://www.lansingrentalguide.com/info/LandlordTenantRelationshipAct.htm

 

[pr0c]

Thank you very much, i greatly appreciate your help.