Housing Notes

LLT

Advised client about appearing in court (always attend the hearings, be early, dress nicely, check in with the clerk, etc.)

Advised CL about appearing in court generally- be there on time, dressed as nice as possible, give everybody respect, bring your documentation and all your support, etc

Advised CL about SER money and applying through DHS

Advised CL about help through local shelters, churches and charities, the Salvation Army, United Way, ets.
Gave CL numbers to possible shelters

NTQ
Advised CL re do not need just cause to evict since CL has portable voucher and is month to month tenant, just needs 30 day NTQ

Advised CL- must be full 30 day notice. S&C should not be filed until after 30 day ntq expires etc

Advised CL- OP does not need reason to evict, just want property back etc

Advised CL re timeline of NTQ/TOT evictions.

Advised CL want to avoid S&C being filed, could hurt voucher and future renting etc
Do not want to lose voucher

Advised CL keep NTQ and post marked envelope

Advised CL re illegal lockouts, OP cannot do this. Call us if OP does - OP cannot force CL out this month

Advised CL about eviction law and procedure in termination of tenancy cases (one month NTQ, S&C, court date, 10 days to move, writ).

Advised that client is a tenant "at will" - so either the LL or the T can terminate the contract, generally with 30 days notice

Advised that the law states that an estate at will may be terminated by either party by 1 month's notice given to the other party.

From Wiki: NTQ-- If the demand is mailed, the date of service for purposes of this chapter is the next regular day for delivery of mail after the day when it was mailed.

Advised re: possible dismissal of case for improper notice, technical defense
Advised CL that while improper notice is a good defense in theory, in reality many Judges ignore this issue and will evict anyway.

Advised CL that at the expiration of the 30 day period, the OP can then go to the court and truly begin the court eviction process. Advised CL that this is when OP would file s&c, but that OP cannot do so before the 30 days ends
Advised CL re serving the notice to quit- advised that sending it to CL was appropriate

Advised that NTQ is saying CL has to move out in 30 days

Advised of possible defense- In termination of tenancy actions, if the tenant pays rent for any period after the last date set out in the notice to quit and the landlord retains that rent, the landlord's acceptance of that rent may lead the tenant to believe that further proceedings regarding the termination are not forthcoming. If the landlord can establish that the tenant was not mislead, then the Notice to Quit is not nullified. If landlord cannot establish that Tenant was not mislead, then the acceptance of rent creates a new tenancy, thus making the notice to quit void and requiring the dismissal of the plaintiff's case

Advised CL that NTQ is difficult to fight where parties are in M2M. There is no obligation for landlord to rent to tenant.

ADVISED that issuance must occur within 56 days after judgment is entered and must be executed no later than 56 days after the writ is issued

ADVISED CL re appeal- within 10 days after the judgment, CL may appeal judge's decision- appealing party must pay an appeal bond, filing fees (though could maybe get waived with fee waiver form) and transcript fees to preserve the appeal and stop the writ eviction being issued

DFP/NONPAYMENT OF RENT

Advised CL re non-payment of rent cases ... a landlord may accept rent paid for periods beyond the expiration date of the demand for possession, but any rent paid and accepted must be credited against the amount of rent claimed in the notice and complaint.

Advised CL about eviction law and procedure in non-payment cases- service of 7 Day Demand for Possession, Summons and Complaint, court date, 10 days to pay or move, writ.

Advised that once a S&C is filed, court proceedings have been initiated and CL's nonpayment of rent issue becomes public record and could effect future rental opportunities

Advised CL re service: The demand for possession may be served by: delivering it personally to the person in possession, or by delivering it on the premises to a member of his family or household or an employee, of suitable age and discretion, with a request that it be delivered to the person in possession, or by sending it by first-class mail addressed to the person in possession. If the demand is mailed, the date of service for purposes of this chapter is the next regular day for delivery of mail after the day when it was mailed.

ADVISED that issuance must occur within 56 days after judgment is entered and must be executed no later than 56 days after the writ is issued

BED BUGS

Advise CL- OP cannot charge CL for the treatment, OP has duty to repair, keep free from vermin, etc, so if this goes to court CL could argue does not have to pay etc

Advised CL- very hard to prove who brought the bugs and likely OP cannot actually do this
Advised CL (from wiki):
Some landlords through the lease attempt to shift this duty to repair back to the tenant. However MCL 554.139 states that the landlord's duty of habitability may be "modified", not cancelled, waived or eliminated.
Two other Michigan statutes seems to say that shifting the repair burden to the tenant cannot be done.

REPAIRS/RIGHTS
Advised CL- at this point CL has sent several letters about the repairs and nothing being done, CL could withhold rent and put in escrow or repair and deduct etc.
Advised CL- either way, expect a law suit if do not pay rent next month
Advised CL need to justify actions with documentation/paper trail etc

Advised CL- could also do the repairs by using the rent money, but keep receipts because expect to be sued

Advised slightly about basic rights of a tenant and LL. Tenant/Cl has right to quiet enjoyment and habitability

Advised CL re LL duty to keep property in reasonable repair. Advised CL that, where significant repair issues exist, an inspection and written report should be immediately requested from the local housing inspector (and Section 8 inspector)
Advised Cl that if rent is withheld it should be placed in a separate escrow account- advised that client should expect to be ultimately responsible for some or all of the rent she withholds and that it would not be a good idea to spend the money that she is not giving to the LL elsewhere. Advised that CL must keep all withheld rent readily available at all times.

Advised her to attach any inspection reports or the complaint form she filled in to the letter sent to LL. Also told CL to keep copies of all the docs and letters for herself and to keep them on hand

Advised CL re LL (OP's) duty of habitability and reasonable repair
Advised CL that this duty can only be modified and cannot be cancelled, waived, or eliminated

Advised CL to bring as much documentation as she possibly could- like pictures of the repair issues and mold, text messages and emails showing OP not responding or fixing things as promised, etc. (CL has done a good job documenting the last few months)

Advised CL about making sure the rent money withheld is always readily available and not disposed of. Advised that judge will not look fondly on CL if he does not have the rent money available

Advised CL about the advantages and disadvantages of him calling and having an inspection of the apartment done himself

Advised re a tenant's right to quiet enjoyment- this right requires LL to leave the tenant to hold the premises in peace for the term for which the premises are let- this means that they must be able to use their property in a normal way, without interference by the landlord or others. Thus, a landlord must give reasonable notice before entering your home.

Advised that in the absence of a statute permitting the LL a right to enter under specified circumstances, the parties may contract to confer this right on the LL as a condition of tenancy.
Advised re rights that cannot be waived (by a LL or lease)- habitability, quiet enjoyment

Advised CL to put his complaints in writing by writing a letter to the OPs. The letter should ask the LLs to refrain from entering house without providing you with 24 hours notice and ask the LLs to tell all of their workers to do the same. Advised CL to keep the letter nice, but let them know your concerns and how you feel.

Advised CL to make and save a paper trail to document all the work and people coming through the house- unexpected or not.

ADVISED CL to also send a letter asking the landlord to make specific repairs by a date certain, followed by a certified letter warning that if repairs are not completed, s/he will make repairs and then deduct the cost of those repairs from the rent or escrow the rent.

ADVISED CL that care must be taken to ensure that repairs made and deducted from rent are reasonable and fairly priced. Advised Client that if rent is withheld it should be placed in a separate escrow account. Advised client that withholding rent often results in the landlord filing eviction proceedings.

Advised client that 100% abatement of the rent is very rare and only occurs when the premises are condemned or completely uninhabitable -- advised that client should expect to be ultimately responsible for some or all of the rent. Advised client to keep copies of all inspection reports, letters, receipts, etc.


CO-TENANTS

Advised CL regarding his rights as a tenant. Advised that CL does not have rights superior to that of OP1's and, therefore, he does not have the power to evict OP1 because she has not been paying her half of the rent.

SECURITY DEPOSIT
Advised re security deposit, inventory checklist, time frames, etc.

Advised CL that he must provide OP with a forwarding address (no longer than 4 days after termination of occupancy).

Advised CL that failure to provide a forwarding address within 4 days of moving relives the OP of the requirement of notice of damages but does not prejudice a tenant's subsequent claim for the SD

Adv CL re SD timeline:
within 4 days of the termination of occupancy, the tenant must provide landlord with forwarding address;
within 30 days of the termination of occupancy, LL must send the checklist, detailed estimate of repairs, and “unused” security deposit to the tenant;
within 7 days of receipt of the list of damages, the tenant must submit a written statement of any disputed damages to the LL;
within 45 days of the termination of occupancy, if damages are disputed, the LL must return the deposit or sue to keep it;
if the LL does not return the deposit or sue, the tenant can sue for double the security deposit.
Advised about security deposit being used to make up unpaid rent

ILLEGAL LOCKOUT:
Advised CL on SOLs
-An action to regain possession of the premises must be commenced within 90 days from the time the cause of action arises or becomes known to the plaintiff (from time lockout happened)
-An action for damages must be commenced within 1 year from the time the cause of action arises or becomes known to the plaintiff (from time lockout happened)

SUB HOUSING

Advised CL re sub housing, senior housing, getting on as many wait-lists as possible
Advised CL I would send MSHDA list and local housing resources list

RELEASE/EARLY TERMINATION:

ADVISED CL re the ability to end a lease early depends on what the lease says. If the lease does not say anything about early termination, getting out of it early will depend largely on the landlord.

ADVISED CL re early termination of lease - CL's lease includes a provision
ADVISED CL re mitigation of damages

ADVISED CL re defenses to breach of lease- A defense to a suit for rent after early move out is violation of a tenant's right to quiet enjoyment or habitability. To constitute such a constructive eviction, the landlord's breach must be serious, e.g., no heat and failure to fix same after reasonable notice.

ADVISED CL re well documented history- to prove that the landlord did not uphold the contract and thus broke the lease, you will need a well-documented history of serious repair problems or landlord harassment. Write a letter to your landlord stating that she or he has not provided maintenance, what the problems are, how often you contacted your landlord about the problem, and how she or he responded. Include copies of inspection reports, etc. You should give the landlord notice of when you will be moving out. Be sure to keep copies of all of these documents including the letter to your landlord for at least 6 years.

CL interested in doing something concrete- like taking OP to court, being able to move out without penalty, etc
ADVISED CL he could contact OP and see about him allowing for a release- he may want to avoid having to deal with this and take you to court for unpaid rent- may allow this