Tenant Rights and Strategies 101 Rent, Repairs, and Eviction Presented by Greg Tasker of Legal Aid of Western Michigan at Grand Rapids Neighborhood Summit March 4, 2017
Legal Aid of Western Michigan • Civil legal assistance (no criminal) • To income and asset eligible persons • Without charge for our legal services • On matters within our program priorities • When our involvement will make a difference
All page references are to Tenants and Landlords: a practical guide prepared by the Michigan Legislature
A Simple Overview • Landlord/tenant law can be complicated • People’s factual circumstances can be complicated • If in doubt, you should get competent legal advice • I am presenting from the tenant’s point of view • Make a note of questions ; I can talk to you at the end
Focus on Rent, Repairs, and Eviction • As a general matter, landlords and tenants get along well as long as the tenant pays rent and the landlord makes repairs. • However, other things can go wrong, especially if the tenant damages the property or engages in criminal behavior. • It is very important for everyone to understand the eviction process, because that’s where people end up when things go wrong.
Documentation: Talking v. . Writing Talking • Talking is quick and easy to do • But talking leaves no record • And people disagree about what was said Writing • Writing is harder to do • But it creates a record • And it is hard to disagree with
What is Within Your Control • “Some things are within our control and others are not.” • Learn how landlord/tenant law works • Look for things that are within your control • Take responsibility for what is within your control
General Outline • Moving In • Leases • Rent • Repairs • Eviction • Moving Out
Moving In In • Inspect the place before you sign the lease • Get a copy of the lease (even if you can only take a picture of it) • Get a receipt for the rent and security deposit (more later) • Complete the Inventory Checklist (p. 41)
The In Inventory ry Checklist (p (p. . 41) • Fill it out completely • Make and keep a copy of it • Turn it in to the landlord
The Lease • You signed it, and you will be held to it • Read all of it, even if you don’t understand all of it • Term, rent, utilities, security deposit, notices to landlord, pets • Not everything in it may be enforceable, but most of it will be • It is also possible to rent month-to-month without a lease
What are the two greatest tenant commandments? "Thou shalt have no other bills before rent." And second is like unto it, "Thou shalt not pay rent in cash."
No Other Bills • It can be hard, because there is some close competition • Food, utilities, car insurance, car payment, fines and court costs • But what other bill can you get you set out on the street?
Not Paying Cash • Pay by personal check, money order, or cashier’s check • If you must pay by cash, you MUST get a receipt! • No receipt, no record, no proof, no payment
Always Pay On Time • Pay all your rent, on time, all the time • You will avoid late charges (check your lease) • You will avoid court costs (more about that later) • You pay more when you pay late!
Always Get Receipts • The landlord should, but might not, give you a receipt • You can write one up and have the landlord sign it • Money orders and cashier’s checks have receipts • Bank statements don’t show uncashed checks • Get receipts, save them, and never lose any of them
What Is Is A Ledger? • Columns for date, description of event, charge, credit, balance • The running balance is the balance column • The running balance changes with every charge or payment • It is very easy to lose track of the running balance • Ask the landlord for a copy of the ledger on a regular basis
Rent Subsidies • Conventional Public Housing • Subsidized Private Housing Complexes • Section 8 Housing Choice Vouchers
Follow the Rules • Promptly report all income • No unauthorized occupants (or letting people use your address) • No criminal or illegal drug activity
Responsibility for Repairs It is the landlord’s responsibility “to keep the premises fit for the use intended and in reasonable repair during the term of the lease.” It is the tenant’s responsibility not to damage the premises.
How To Get Things Fixed • Take dated pictures of problems and save all documents • Give landlord prompt, dated, written notice of problems (p. 43) • Text messages are not ideal; e-mails are better • Give the landlord a reasonable opportunity to fix problems • If the landlord does not fix the problem, go to Code Enforcement
Rent Withholding • Rent withholding is a bad idea (I don’t agree with p. 28) • It guarantees a non-payment of rent eviction will be filed • The tenant will probably end up having to pay court costs • Court costs can exceed the rent abatement the Court gives • More often than not, people spend the escrowed money • Code Enforcement is a better way to get repairs made
Cit ity of Grand Rapids Code Compliance Div ivis ision 1120 Monroe Ave., N.W., 3 rd Floor Grand Rapids, Michigan 49503 (616) 456-3053
Make a Complaint • Go down personally to describe problem and show pictures • A housing code complaint will be taken from you • A Notice of Complaint (NOC) will be sent to the landlord • The landlord will have 21 days to repair (less for hazards) • If the repairs are not made an inspection will be conducted
Cooperate With In Inspection • Go back to Code after 21 days if things aren’t fixed • Tell them that the problems have not been repaired • Find out when the inspector will be coming out • When inspector comes, let him in, show him what’s wrong
Notice of f Violations (N (NOV) • If code violations are found, a NOV will be sent • Get a copy of the Notice of Violations • The Notice of Violations can be used in court
Eviction Process • Eviction is a process, not an event • Only the Court can legally evict you • It is illegal for a landlord to evict you without a court order • Two kinds of evictions: non-payment and termination
Non-Payment of f Rent Evictions • Demand for Possession (notice) (p. 57) • Complaint for Non-Payment of Rent (p. 58) • Summons (p. 59) • Summary Hearing • Judgment (p. 62) • Order of Eviction (p. 63)
Demand for Possession (n (notice) (p (p. 56) • Demands payment of amount shown within 7 days or a move-out • Landlord must accept the money if it is offered within 7 days • If you don’t pay or move, the landlord can file a Complaint in Court
Complaint for Non-Payment of f Rent (p (p. 58) • The Complaint asks the Court to determine what is owed • And it asks the Court you evict you if that amount is not paid • Rent abatement is a defense to a Complaint for Non-Payment • The Court can reduce the amount owed for repair issues
Summons (p (p. . 59) • When a Complaint is filed, the Clerk issues a Summons • The Summons gives the hearing date, time, and courtroom • The Summons and the Complaint have to be served on you • It is always a very good idea to go to the hearing
Summary ry Hearing • Default Judgment • Consent Judgment • Adjournment for Trial
Default Ju Judgment • If you do not show up, a default judgment will be issued • Any named party who does not appear can be defaulted • Defaults can be set aside for good cause and a meritorious defense
Consent Ju Judgment • A consent judgment will issue if you don’t dispute the complaint • A consent judgment will issue if you reach an agreement at court • You have 3 days to set aside a consent if you had no attorney
Adjournment for Trial • If you dispute the Complaint, the case will be set for trial • There is usually no time for a trial on a summary hearing date • (As many as 15-20 cases can be scheduled every half hour) • At the trial, you can testify, call witnesses, and ask questions • You can have the case decided by the judge or by a jury
The Ju Judgment (p (p. . 62) • The Court’s decision is given in a written Judgment • The top part of the Judgment is called the Possession Judgment • The bottom part of the Judgment is called the Money Judgment
Possession Ju Judgment • The Judgment says how much you must pay in 10 days to stay • It includes court costs: filing fee, service fee, and attorney fee • It states that you will be evicted if you do not pay within 10 days • Don’t leave the courthouse without a copy of that Judgment • You can often get help getting the Judgment paid if you have it
Money Ju Judgment • The money judgment states what can be collected from you • A money judgment is only decided if it asked for in the Complaint • A money claim is often adjourned to see if you pay or move
Order of f Eviction (p (p. . 63) • If you do not move or pay in 10 days, landlord will apply for a writ • The “writ”, or Order of Eviction, tells court officer to set you out • You and all of your property may then be removed from premises
Termination of f Tenancy Evictions • Notice to Quit (notice) (p. 53) • Complaint to Recover Possession (p. 55) • Summons (p. 59) • Summary Hearing • Judgment (p. 62) • Order of Eviction (p. 63)
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