landlord tenant guide

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PREPARED BY THE MICHIGAN LEGISLATURETHIS INFORMATION IS PROVIDED FREE TO MICHIGAN CITIZENS AND MAY NOT BE REPRODUCED FOR RESALE OR PROFIT.

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Read the lease. Read the lease. Read thelease. When most people hear the term “lease”they think of the long sheets of paper writtenin very small type that they sign when theyagree to move in and rent an apartment orhouse. A lease contains a variety of legalterms. It is important to recognize and knowthe following terms of a lease and tounderstand the substance of the agreement.

■ Landlord: The party agreeing to transferpossession and use of the rental property,usually the owner (but may also include anagent or employee of the owner, or amanagement company).

■ Tenant: The party taking possessionand use of the rental property from thelandlord under a lease. A tenant’s right topossession and use is called a tenancy orleasehold.

■ Lease (or Rental Agreement): Thecontract between the tenant and landlord,transferring possession and use of the rentalproperty. (See Sample Residential LeaseAgreement, page 32.) A lease can be written ororal, but a written lease provides the bestprotection for both the landlord and thetenant.

■ Joint and Several Liability. If more thanone person signs the lease as a tenant, thelease may state that their obligations are “jointand several.” This means that each person isresponsible not only for his or her individualobligations, but also for the obligations of allother tenants. This includes paying rent andperforming all other terms of the lease.

■ Escrow Account: A bank account orother account held by a third party, generallyestablished in the name of the tenant, intowhich whole or partial rent payments aredeposited to show that the tenant was ready,willing, and able to pay the rent—but iswithholding the rent until a certain problemis fixed that the landlord is legally responsiblefor fixing. Once the problem is fixed, theescrowed rent amount will be released to thelandlord.

■ Plaintiff: A person who files a civil actionto seek judicial relief for some injury ordamage caused in violation of his or her rights.

■ Defendant: A person against whom reliefor recovery is sought in a civil action.

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While the lease refers to the written (ororal) agreement, the “tenancy” refers to theactual property right a tenant receives underthe lease. When the owner conveys to anothera lesser interest in the property for a term lessthan that of the owner’s for valuableconsideration (generally rent), thereby grantinganother use and enjoyment of his or herproperty during the period stipulated, thatcreates a tenancy. In Michigan, there are threetypes of tenancies:

1. Fixed-Term Tenancy. This type of tenancyis created when the lease agreement specifieswhen the tenancy begins and when it ends.It terminates automatically at the end of theperiod specified. Generally, a written leaseprovides that if a tenant holds over after thefixed term expires, the tenancy shall beconsidered a month-to-month tenancy. On theother hand, if the lease does not so provide,and the parties acquiesce—i.e., tenant stays inpossession and landlord accepts the rent—thelease is considered renewed for the same fixedterm upon the same conditions.

2. Periodic Tenancy OR Tenancy at Will.This type of tenancy is indefinite in duration. Itis created by actual or implied consent.Usually a month-to-month tenancy, the lease isconsidered renewed at the end of each rentalperiod (month-to-month or week-to-week,depending on how often rent must be paid).Termination procedure is governed by statuteand requires notice.

3. Tenancy at sufferance OR holdovertenancy. This type of tenancy is created byoperation of law only. A tenant holdspossession after his or her legal right to

possession has ended (oftentimes based onlandlord’s failure to act). The person is justshort of being considered a trespasser. Theelements: (a) the tenant entered possessionlawfully, (b) the tenant’s legal right topossession has ended, and (c) the tenantremains without the landlord’s consent.

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Fixed-Term TenancyAdvantages. The advantage to the tenant is

that the rental period is fixed and the rentalamount is stable; the landlord may not regainpossession or raise the rent, with fewexceptions. The advantage to the landlord isthat the tenant is committed to pay rent for aspecified period of time; the tenant is boundby the lease terms, with few exceptions.

Disadvantages. The disadvantage to thetenant is that he or she is bound by the leaseterm and may not simply move withoutremaining liable for the rent, permitting fewerchanges in arrangements. The disadvantage tothe landlord is that he or she is stuck with thetenant until the lease term ends.

Periodic Tenancy OR Tenancy at WillAdvantages. The advantage to the tenant is

that he or she is free from any furtherobligation once proper notice of termination isgiven to the landlord—different housingarrangements can be made more quickly. Thesame advantage is true for the landlord; he orshe may decide to no longer rent to the tenantif the same proper notice is given.

Disadvantages. The disadvantage to thetenant is that the landlord, with proper notice,can also raise rent. The disadvantage to thelandlord is that he or she is not provided withany certainty as to how long the tenant willremain.

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Although it is common for tenants to signsome type of written agreement, a lease is notalways put in writing. Sometimes it is nothingmore than an oral agreement as to the move-inand move-out dates, the address of the rental

property itself, and the amount of the rent andwhen it must be paid. However, if the leaseagreement is for a period of more than oneyear, an oral lease is not an option—it must beput in writing to comply with the Statute ofFrauds (MCL 566.106).

Whether there is a fixed-term tenancy or aperiodic tenancy, it is best to have a writtenrecord of the rental agreement. A writtenrecord is a permanent record that may be usedfor reference if misunderstandings arise—andthey do. In the absence of a written lease,signed by both the landlord and the tenant, itis advisable to keep a personal written recordof the agreement.

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The Michigan Truth in Renting Act (Act 454of 1978, MCL 554.631 to 554.641) regulatesresidential leases—requiring the landlord todisclose certain information. Leases differsomewhat in terms, but a written leaseagreement should include:1. Name and signature of the landlord;2. Name and signature of the tenant;3. Rent amount to be paid, how frequently,

and when and where it is to be paid;4. Address of the rental property;5. Starting and ending dates if it is a fixed-

term tenancy;6. Landlord’s mailing address;7. Amount of the security deposit, if any;8. Name and address of the financial

institution holding the security deposit;9. Notice of the tenant’s obligation to provide

a forwarding address to the landlord within4 days of terminating the tenancy;

10. Who is responsible for paying utilities;11. Repair and maintenance responsibilities;12. Eviction procedures;13. Any other terms and conditions that the

landlord and tenant agreed to; and14. This statement must be provided in a

prominent place in the lease, in at least a12-point font size:“NOTICE: Michigan law establishes rightsand obligations for parties to rentalagreements. This agreement is required tocomply with the Truth in Renting Act. Ifyou have a question about theinterpretation or legality of a provision ofthis agreement, you may want to seekassistance from a lawyer or otherqualified person.”

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Note: Two copies of an inventory checklistmust be provided to the tenant when he orshe takes possession of the rental property.(See Sample Inventory Checklist, page 41.)

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The Michigan Truth in Renting Actregulates residential leases—prohibiting certainclauses or provisions and prescribing penalties.A provision or clause in a lease that violatesthe Truth in Renting Act is void. In particular,a written lease shall not include a provisionwhich:1. Waives or alters a remedy available to a

party when the rental property is in acondition which violates the covenants offitness and habitability;

2. Waives a right established under the lawsthat regulate security deposits;

3. Unlawfully excludes or discriminatesagainst a person in violation of the lawsrelating to civil rights;

4. Provides for a confession of judgment, e.g.,requiring a person to give up certain legalrights in advance;

5. Relieves the landlord from liability for thelandlord’s failure to perform a duty or fornegligent performance of a duty imposedby law (however, the landlord’s duty couldbe waived to the extent a tenant was ableto recover under an insurance policy forloss, damage, or injury caused by fire orother casualty);

6. Waives or alters a party’s right to demanda jury trial or any other right of notice orprocedure required by law;

7. Provides that a party is liable for legal costor attorney fees incurred by the otherparty in excess of costs or fees specificallypermitted by statute;

8. Provides for the landlord to take a securityinterest in any of the tenant’s personalproperty to assure payment of rent orother charges, except as specificallypermitted by statute;

9. Provides that rental payments may beaccelerated if the tenant violates a leaseprovision unless the amount is determinedby the court;

10. Waives or alters a party’s rights withrespect to possession or evictionproceedings;

11. Releases a party from the duty to mitigate(or minimize) damages;

12. Provides that the landlord may alter a leaseprovision after the lease begins without thetenant’s written consent, EXCEPT: with30 days’ written notice, the landlord maymake the following types of adjustments, aslong as there is a clause in the leaseallowing for the adjustments:■ changes required by federal, state, or

local law, rule, or regulation;■ changes in rules relating to the property

meant to protect health, safety, andpeaceful enjoyment; and

■ changes in the amount of rentalpayments to cover additional costsincurred by the landlord because ofincreases in property taxes, increases inutilities, and increases in propertyinsurance premiums.

13. Violates the Consumer Protection Act (Act331 of 1976, MCL 445.901 to 445.922), whichlists 34 unfair trade practices; or

14. Requires the tenant to give the landlord apower of attorney.

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A provision or clause in a lease thatviolates the Truth in Renting Act is void. Thelease is not void—only the prohibitedprovision. However, a landlord must fix theprohibited provision or add the requireddisclosure language within 20 days after thetenant brings the deficiency to the landlord’sattention in writing. If the landlord fails to fix itwithin the time specified, the tenant may bringan action to:

■ void the entire lease agreement;■ make the landlord remove the prohibited

provision from all lease agreements inwhich it is included; and

■ recover $250 per action (for prohibitedprovisions) or $500 per action (formissing disclosure provisions requiredby law), or actual damages, whichever isgreater.

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As long as a provision or clause does notviolate federal, state, or local laws, rules, orregulations, the parties can agree to almostanything and include it in the lease. It can beas outlandish as stating, “Only blue cars can

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be parked in the driveway.” Some specialprovisions to be aware of include:

■ Smoking: A landlord is free to prohibitsmoking in the rental property, as this wouldnot violate any state, federal, or local laws.

■ Pet Restrictions: A landlord may prohibitall pets in a rental unit. A landlord may chargea fee for having a pet. An exception here isthat a landlord may not prohibit a disabledindividual relying on a service animal fromhousing the animal.

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Fixed-term tenancy: This type of tenancyis created when the lease agreement specifieswhen the tenancy begins and when it ends.It terminates automatically at the end ofthe period specified. A fixed-term lease endson its own without further action. However,many leases include the provision that thelease converts to a month-to-month tenancyat the end of the fixed term. Other leasesstate a sky-high increase in rent—sometimesdouble—if the tenant stays beyond the fixedterm.

Periodic tenancy OR tenancy at will:This type of tenancy is indefinite in duration. Itis created by actual or implied consent.Usually a month-to-month tenancy, the lease isconsidered renewed at the end of each rentalperiod (month-to-month or week-to-week,depending on how often rent must be paid).Termination procedure is governed by statuteand requires notice.

Additionally, there are special terminationrights for senior citizens or persons incapableof independent living.

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Lease agreements entered into, renewed, orrenegotiated after June 15, 1995, must providespecial termination rights for senior citizensand persons incapable of independent living.These leases must allow the tenant who hasalready occupied a rental unit for more than13 months to terminate the lease with 60 days’written notice if either of the following occurs:1. Tenant becomes eligible to move into a

rental unit in senior-citizen housingsubsidized by a federal, state, or localgovernment program, OR

2. Tenant becomes incapable of livingindependently, as certified by a physician ina notarized statement.

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If more than one person signs the lease asa tenant, the lease may state that theirobligations are “joint and several.” This meansthat each person is responsible not only forhis or her individual obligations, but also forthe obligations of all other tenants. Thisincludes paying rent and performing all otherterms of the lease.

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Generally, the landlord may not alter alease provision after the lease begins withoutthe tenant’s written consent. There are, ofcourse, exceptions to this. With 30 days’written notice, the landlord may make thefollowing types of adjustments, as long asthere is a clause in the lease allowing for theadjustments:

■ changes required by federal, state, orlocal law, rule, or regulation;

■ changes in rules relating to the propertymeant to protect health, safety, andpeaceful enjoyment; and

■ changes in the amount of rentalpayments to cover additional costsincurred by the landlord because ofincreases in property taxes, increases inutilities, and increases in propertyinsurance premiums.

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NOTICE:

Michigan law establishes rights and obligations for

Parties to rental agreements. This agreement is required

to comply with the Truth in Renting Act. If you have

a question about the interpretation or legality of

a provision of this agreement, you may want to seek

assistance from a lawyer or other qualified person.

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The security deposit is an amount ofmoney paid by the tenant to the landlord—other than the first rent payment (whateverperiod is established in the lease: weekly rentpayment, monthly rent payment, semiannualrent payment, and so on). The security depositremains the tenant’s property, but is held bythe landlord for the term of the lease to ensurethat the tenant pays the rent due, pays theutility bills, and returns the rented property inproper condition, as required by the lease. It isheld as security as the name implies.

Once the lease is terminated, the tenanthas the right to have the entire securitydeposit returned unless the landlord cansubstantiate a claim to it because the tenant:

1. Owes unpaid rent; 2. Owes unpaid utility bills; or 3. Caused damage to the rented property

beyond reasonable wear and tear.Under Michigan law, both a tenant and a

landlord have duties and must perform specificacts regarding the security deposit.Understanding the duties and taking action arecrucial. The law requires mandatory noticeprovisions, written communications, mailings,and strict compliance with time limits. If theduties are not performed precisely, the tenantrisks losing the return of his or her securitydeposit and the landlord risks losing a claim toit. This chapter explains the duties and thenecessary actions that must be taken.

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Yes. The law states that a security depositshall not exceed 11⁄2 times the monthly rent.

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Any prepayment of rent—other than for thefirst full rental payment period established inthe lease—and any refundable fee or depositare considered by law to be part of thesecurity deposit.

Sometimes the lease requires that both thefirst and last months’ rent be paid before atenant moves in. If this is the case, the lastmonth’s rent would be considered a securitydeposit. Sometimes, too, additional fees ordeposits are charged to hold the rentalproperty, for credit checks, for pets, forcleaning, for keys, for mailboxes, for storage,and for many other reasons. While these feesor deposits may not be called “securitydeposits” in the lease, if they are otherwiserefundable, they are still considered by law tobe part of the security deposit and subject tothe strict rules that Michigan has adopted—including the limit on the total amount that alandlord may collect.

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Yes. The law defines the term “securitydeposit” and limits the amount that may becollected (not to exceed 11⁄2 times the monthlyrent). Refundable fees are deemed—bydefinition—to be security deposits.Nonrefundable fees are not; and they can beassessed in any amount for any reason.

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Example: If a landlord charges $500 amonth for rental property, the maximumthe landlord may collect as a securitydeposit is $750 ($500 X 1.5 = $750).

Example: The monthly rent is $500 andthe lease calls for a $750 security deposit.In addition to the security deposit, thelease calls for a $250 refundable cleaningfee. Because the cleaning fee is refundable,it would be considered part of the securitydeposit—and that would put the amountcollected for a security deposit above the11⁄2 times monthly rent allowed, violatingMichigan law. If the lease, instead, declaredthe fee to be nonrefundable, it would beallowed.

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The landlord must either:a) Deposit the money with a regulated

financial institution (e.g., bank), OR b) Deposit a cash bond or surety bond, to

secure the entire deposit, with the Secretary ofState. (Note: If the landlord does this, he or shemay use the money at any time, for anypurpose.) The bond ensures that there ismoney available to repay the tenant’s securitydeposit.

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The security deposit is considered thelawful property of the tenant, until the landlordestablishes a right to it—generally by obtaininga judgment in a court of law.

If the landlord sells the rental property, heor she remains liable with respect to thetenant’s security deposit until any ONE of thefollowing occurs:

a) The landlord returns the deposit to thetenant, OR

b) The landlord transfers the deposit to thenew owner and sends notice—by mail—to thetenant informing him or her of the new owner’sname and address, OR

c) The new owner sends written notice oftheir name and address to the tenant AND thename and address of the financial institutionwhere the deposit is held AND the tenant’sobligation to provide a forwarding addresswithin 4 days of terminating occupancy.

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The landlord must provide the tenant withcertain notices. Within 14 days from the daythe tenant moves in, the landlord must providewritten notice of the following:

a) The landlord’s name and address forreceipt of communications regarding thetenancy;

b) The name and address of the financialinstitution where the security deposit is held,OR the name and address of the suretycompany; and who filed the bond with theSecretary of State; and

c) The tenant’s obligation to provide aforwarding address—in writing—within 4 daysafter the tenant moves out.

Generally these notices are found in thelease itself. (See The Lease section; see alsothe model lease in the Appendices, whichdisplays all of these notices with the correctform and wording.)

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The checklist preserves some proof of thecondition of the property when the tenantmoved in. The landlord must provide thetenant with 2 blank copies of an inventorychecklist, referencing all items in the rentalunit. The landlord must provide written noticeon the first page of the checklist that thetenant must properly complete the checklist,noting the condition of the property, andreturn it to the landlord within 7 days aftermoving in. (See sample, page 41.)

The tenant may request a copy of thetermination inventory checklist (generallyreferred to as the itemized list of damagescaused by the previous tenant). If requested,the landlord must provide a copy to thetenant.

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Yes. The checklist preserves some proof ofthe condition of the property when the tenantmoves in. If the tenant fails to properly fill outthe checklist, or fails to return it, and a disputeover damages to the property occurs at theend of the lease, it becomes the tenant’s wordagainst the landlord’s word.

Further recommendation: Take photos or video tape recordings of therental unit before tenant moves in.

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The tenant MUST provide his or herforwarding address—in writing—to thelandlord within 4 days of moving out. Callingor telling the landlord, or landlord’s agent,won’t do. While the landlord must inform atenant of this at the beginning of the lease, alltoo often a tenant forgets to do this when heor she moves out. Without a forwardingaddress, the landlord has no duty to makearrangements for returning the deposit. If theforwarding address is provided within the4 days, the landlord has 30 days from moveout to respond.

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If the landlord receives the tenant’sforwarding address within 4 days of move out,the landlord has 30 days from move out toeither:

a) Return the entire amount of the depositby check or money order, OR

b) Send—by mail—an itemized list ofdamages lawfully assessed against the depositand a check or money order for the remainingbalance of the deposit (if any).

The itemized list must also contain thefollowing notice: “You must respond to thisnotice by mail within 7 days after receipt ofsame. Otherwise you will forfeit the amountclaimed for damages.” (See example, page 49.)

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If the tenant disputes any of the itemson the itemized list, the tenant MUSTrespond—in detail, by mail—within 7 days ofhis or her receipt of that list. “Responding indetail” means giving reasons why the tenantdisputes each item of damage and the amountassessed against his or her security deposit,and why he or she should not be responsible.Simply making a blanket statement that thetenant does not agree will not do; the tenantmust address each item on the list individually.

The tenant’s detailed response must be sentto the landlord by mail.

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If the tenant disputes all or part of theitemized list of damages, the landlord is leftwith two choices:

a) Negotiate or mediate an agreement inwriting with the tenant, OR

b) Commence an action in court for amoney judgment for damages that he or sheclaimed against the tenant’s security deposit,which the tenant disputes.

Remember, the security deposit remainsthe tenant’s property until the landlordperfects a claim to it—either by agreement orby court order. If the landlord and tenantcannot agree and if the landlord goes to court,he or she MUST prove that the tenant isactually responsible for the damages.

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Either the landlord or the tenant can bethe plaintiff in a security deposit suit.

The landlord may file suit within 45 daysfrom termination of occupancy. If both thetenant and the landlord have followed thesecurity deposit timeline perfectly and therestill remains a dispute on the amount ofdamages assessed against the tenant’s securitydeposit, the landlord MUST file suit to retainthe deposit. If the landlord does not file suit,he or she may be liable to the tenant fordouble the amount of the security depositretained.

The tenant may be required to file suit incertain circumstances. The burden of filing suitshifts to the tenant if:

a) The tenant failed to provide his or herforwarding address in writing within 4 days ofterminating occupancy, OR

b) The tenant failed to respond—by mail—to the itemized list of damages within 7 daysof receiving it, OR

c) The landlord failed to return the tenant’sdeposit after receiving the tenant’s responsedisputing the amount assessed against it.

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Beginning of Lease(generally move in)MCL 554.602, 554.604, 554.605,

554.608(2)

Ensure that any security deposit, ifrequired, does not exceed 11⁄2 months’rent.Deposit tenant’s security deposit in aregulated financial institution OR file asurety bond with the state.Provide tenant:1. A copy of the lease, and2. Two blank copies of the inventory

checklist.

The security deposit is the lawfulproperty of the tenant.Recommendation: Read the lease(preferably before signing it) and allother information provided to youby the landlord. Request fromlandlord the inventory checklistand/or itemized list of damagereport from previous tenancy.

Within 7 days from move in(landlord and tenant may agreeto a shorter period, but not alonger period)MCL 554.608(3)

Recommendation: Keep tenant’scompleted checklist.

Return to landlord the completedinventory checklist, noting conditionof rental unit (add pages ifnecessary); be sure to keep a copyyourself.

Within 14 days from move inMCL 554.603

Provide tenant in writing:1. Landlord’s name and address for

receipt of rent and communications; 2. Where tenant’s security deposit will

be held (name and address of thefinancial institution or surety bondcompany); and

3. Include specific statutory notice oftenant’s duty to provide forwardingaddress within 4 days of move out.

Recommendation: Read theinformation provided to you by thelandlord.

Move out(not necessarily the end of thelease)MCL 554.608(5)

Complete a termination inventorychecklist, noting condition of rentalunit.

Recommendation: Remove allpersonal property; clean the rentalunit; turn in keys.

Within 4 day after move outMCL 554.611

Recommendation: Keep a copy oftenant’s forwarding address.

Provide landlord in writing (notorally) your forwarding address.

Within 7 days of tenant’s receiptof landlord’s itemized list ofdamagesMCL 554.612

Watch for tenant’s mailed response tothe itemized list of damages.

Respond in detail, by ordinary mail,indicating agreement ordisagreement to the damagescharged. Be sure to count the days; the dateof mailing is considered the date ofresponse.

Within 45 days—not thereafter—of move outMCL 554.613

To be entitled to keep the disputedamount of security deposit, file suitagainst tenant for damages—unless anexception applies.

If suit is filed, appear in court anddefend.Note: If suit is not filed, you mayfile suit for recovery of your securitydeposit.

Within 30 days after move outMCL 554.609

Mail to tenant an itemized list ofdamages, with proper statutory noticeprovision claimed against tenant’ssecurity deposit accompanied by acheck or money order for thedifference. Only unpaid rent, unpaidutility bills, and damages to the rentalunit beyond reasonable wear and tearcaused by tenant may be claimedagainst the deposit (not cleaning fees).

Recommendation: Watch for theitemized list of damages in the mail.

Subleasing occurs when a tenant permitsanother party to lease the rental property thatthe tenant has leased from the landlord. (Note:The lease must allow the original tenant tosublease, and most leases specify that thelandlord must approve of the subtenant.) Thetenant, then, assumes the position of landlordin relation to his or her subtenant. Subleasingusually occurs because the tenant has signed afixed-term lease and wants—for whateverreason—to get out of the lease before itexpires. Since the original tenant is bound bythe terms of the lease, he or she cannot simplyleave the property and stop paying rent. Toavoid the financial burden of the unexpiredportion of the lease, the tenant usually tries tofind a subtenant who will assume that burden.

Word of warning: Subleasing is notwithout its problems—so put it in writing.Under a sublease, the original tenant is stillbound by contract to the landlord by theterms of the lease. If the subtenant stopspaying rent or causes damage to the rentalproperty, the original tenant—not thesubtenant—must answer to the landlord. Ofcourse, the original tenant may have a legalcause of action against the subtenant for aviolation of the sublease.

The following are important terms tounderstand:

■ Landlord: The party agreeing to transferpossession and use of the rental property,usually the owner.

■ Tenant: The party taking possession anduse of the rental property from the landlordunder a lease contract.

■ Subtenant: A third party who takespossession and use of the rental property fromthe original tenant, under a sublease contract.The subtenant contracts with the originaltenant—not the landlord—but generally withthe landlord’s permission.

■ Sublease: The contract between theoriginal tenant and subtenant, transferring,again, possession and use of the rentalproperty. (See Sample Sublease, page 37.)A written sublease contract provides the bestprotection. Because a sublease can onlytransfer what is left of the rights given to thetenant in the original lease, it is important that

the tenant provide the subtenant with a copyof the original lease.

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Generally, yes. Most leases specify thatsubleasing or assigning an interest in the rentalproperty is not allowed without the landlord’sconsent, OR that subleasing or assigning is notallowed at all. But if the original leaseagreement is silent, then the tenant need notseek the landlord’s permission before enteringinto a sublease. First check the terms of theoriginal lease. Then, if permission is required,check with the landlord.

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The tenant can only sublease the rights heor she has been given in the original lease—nomore. For example, if the tenant has only threemonths left on a one-year lease, the tenant canonly sublease up to three months. The sameholds true with any restrictions contained inthe original lease—they all apply to thesubtenant and cannot be waived by theoriginal tenant. On the other hand, the tenantmay decide to sublet less than all of the rightshe or she has been given in the original lease(e.g., he or she may decide to return to therental property).

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Generally, when a tenant subleases, he orshe assumes the position of landlord inrelation to his or her subtenant. Accordingly,all of the laws that apply to landlords apply toa tenant who subleases. These duties areexplained in other parts of this book. Theyinclude the following:■ Complying with the duties to maintain a

habitable rental property and to makereasonable repairs, when necessary;

■ Complying with the duties to register orlicense the rental property under local ordi-nance (check with the local housing office);

■ Complying with duties imposed under thesecurity deposit laws and procedures; and

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■ Complying with the eviction laws andprocedures, in the event the original tenantwants to remove the subtenant from therental property.

Repair and maintenance still remain theultimate duty of the original landlord. Becausethe subtenant, in a sublease, has norelationship with the original landlord, repairrequests will usually be made by the originaltenant. The original tenant makes a repairrequest to the landlord. This is not always thecase; many times, the landlord, in granting theoriginal tenant permission to sublease, will beaware of the subtenant’s presence and willrespond to his or her requests.

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Because nothing in the original leaseagreement changes when a tenant subleases toa subtenant, the original tenant’s securitydeposit will remain with the landlord. Thetenant may decide to collect a security depositfrom the subtenant to insure againstnonpayment of rent or utility charges ordamage to the rental property beyondreasonable wear and tear caused by thesubtenant. Remember that the original tenantremains responsible to the landlord under theoriginal lease. The original tenant’s securitydeposit could be at stake.

Collecting a security deposit from thesubtenant. If the original tenant decides tocollect a security deposit from the subtenant,he or she would simply follow all of the normalsteps that any landlord would in collecting asecurity deposit. These include being timely inproviding proper notice, placing the securitydeposit in a financial institution, providinginventory checklists, and providing theitemized list of damages. (See The SecurityDeposit section.)

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Two things may be done to help protectagainst this:

(1) Require the subtenant to sign a writtensublease agreement that includes thesame language as the original leaseagreement; and

(2) Require the subtenant to pay a securitydeposit to the original tenant.

If the original tenant permits the subtenantto pay rent directly to the landlord, the tenant

runs the risk of not knowing if the subtenant iscontinuing to meet the rental obligations.When the subtenant is required to pay rentdirectly to the original tenant—and the tenantpays the usual rent to the landlord—there ismuch less risk.

If the subtenant stops paying the rent, thelandlord can hold the original tenantresponsible for missed payments. This amountcan be withheld from the original tenant’ssecurity deposit, as can charges for unpaidutility bills and damages beyond reasonablewear and tear caused by the subtenant. Thelandlord’s recourse is with the tenant underthe original lease, not the subtenant. Thetenant’s recourse is with the subtenant, underthe sublease.

For this reason, it is risky to subleaserental property. Therefore, tenants should takeall necessary precautions to ensure that theyare subleasing to a financially responsiblesubtenant (e.g., running a credit check, askingfor a reference from a previous landlord).

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Sometimes, yes. Subleasing can be a com-plicated procedure, particularly if the tenant isleaving the area for the period of the sublease.There are two ways that a tenant can bereleased from the obligations under the lease:1. By mutual agreement. Though it is rare, a

landlord sometimes allows a tenant toterminate the lease early. Therefore, it is agood idea to talk to your landlord beforelooking for someone to sublease. (Note: Ifthe landlord does allow the tenant to breakthe lease, the tenant should be sure toreceive from the landlord a signed documentdescribing the agreement.)

2. By assignment. Under an assignment, thenew tenant is substituted for the originaltenant. When this is done, the originaltenant is “cut-out” of the entire leaseagreement and the new person steps intohis or her shoes. Accordingly, the newtenant will be responsible for all obligationsunder the original lease, including rent,utilities, and damages—the original tenantwill be released of all obligations. (Note: Ifthe landlord does allow an assignment, thetenant should be sure to receive from thelandlord a signed document describing theassignment and the release of obligations.)

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If the landlord wishes to remove a tenantfrom his or her rental property, the landlordmust use the eviction process. The process iscalled Summary Proceedings, and it movesquickly to restore rental property to theperson lawfully entitled to possession.

The process starts with notice—an evictionnotice—and may involve court appearancesand a trial. If the landlord is successful inproving his or her case, an Order of Evictionmay be issued and a court officer may removethe tenant and tenant’s personal items fromthe rental property. It is important toremember, however, that there are many stepsin the eviction process before the tenant isphysically removed—and most landlords andtenants reach a settlement long before thematter moves that far.

The landlord must never forcibly removethe tenant (or occupant) himself or herself.This includes things like changing locks,turning off utilities, or some other act oromission that interferes with the tenant’s rightto possess, use, and enjoy the rental property.

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There are nine reasons specified by lawthat would allow the landlord to start evictionproceedings: 1. Nonpayment of rent;2. Extensive and continuing physical injury to

property;3. Serious and continuing health hazard;4. Illegal drug activity and formal police report

filed (lease provision must allow fortermination);

5. Violation of a lease provision and the leaseallows for termination;

6. Forceful entry OR peaceful entry, butforceful stay OR trespass;

7. Holding over after natural expiration of leaseterm;

8. “Just cause” for terminating tenant of mobilehome park (“just cause” is defined for thispurpose by MCL 600.5775); OR

9. “Just cause” for terminating tenant ofgovernment-subsidized housing.(Note: “Just cause” is defined by statute.See MCL 125.694a and 600.5714.)

Several of the lawful reasons describeprohibited behavior. One reason includes,“Violation of a lease provision.” This could beany provision agreed to by the parties whenthe lease was signed. For example, it could beas silly as, “Only red cars may be parked inthe driveway.” If the tenant signed the lease,and if the tenant later buys a blue car, he orshe cannot park it in the driveway withoutviolating that provision of the lease. If thelease also includes a provision that allows thelandlord to terminate the lease, the landlordcould seek to evict the tenant on that basis.

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It may seem harsh and unfair, but yes, theother tenant(s) who are still paying rent maybe evicted. The landlord is lawfully entitled toreceive the full rent amount. Whoever signs thelease will be bound by its terms andconditions. If a “joint-and-several liability”clause is in the lease, who actually pays whatamount is of no concern to the landlord.

Most leases include a provision that holdsall tenants “jointly and severally liable” for anyand all violations of the lease. This means thateach person is responsible not only for his orher individual obligations, but also for theobligations of all other tenants. This includespaying rent and performing all other terms ofthe lease. Therefore, if only one tenant stopspaying the rent (or violates any otherprovision of the lease agreement), the landlordmay choose to evict any or all of the tenants.In addition, the landlord may choose to collectthe rent or other money for damages incurredfrom any or all of the tenants.

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Proper notice is very important. Notice—due process—safeguards and protectsindividual rights provided by law. If thelandlord wishes to remove a tenant from his or

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her rental property, the landlord must use theeviction process—and it begins with propernotice. Before a court will enter a landlord’srequest for an Order of Eviction, the tenantmust have been given a proper eviction notice.

Many times the rental problem can be fixedwith nothing more than the eviction notice. Forexample, if the tenant simply forgot to pay therent, the notice may simply serve as areminder—and once he or she pays the rent,the eviction process ends.

The eviction notice may take many forms.It must state that the landlord intends to evictthe tenant, within a specified time (either 7 or30 days), because of a specified reason orproblem—otherwise, court action will be taken.The notice may allow the tenant time tocorrect the problem (like paying the rent, ifnonpayment of rent is the reason for eviction).

The eviction notice MUST include certaininformation or the notice is not proper. Whilemany district courts provide standard evictionforms, a letter can accomplish the same aslong as it contains all of the following:

■ Tenant’s name;■ Address or rental property description;■ Reason for the eviction;■ Time to take remedial action;■ Date; and■ Landlord’s signature.

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Each reason for eviction has a specificamount of time that MUST pass before thelandlord may commence a lawsuit—either 7 or30 days.

A 7-DAY NOTICE is required for thefollowing reasons:

a) Nonpayment of rent;b) Extensive and continuing physical injury

to property;c) Serious and continuing health hazard;d) Illegal drug activity and formal police

report filed (lease provision must allow fortermination).

A 30-DAY NOTICE is required for thefollowing reasons:

a) Violation of a lease provision and thelease allows for termination;

b) Forceful entry OR peaceful entry, butforceful stay OR trespass;

c) Holding over after natural expiration oflease term;

d) “Just cause” for terminating tenant ofmobile home park;

e) “Just cause” for terminating tenant ofgovernment-subsidized housing.

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Once the eviction notice is prepared, itmust be properly delivered to the tenant. Theeviction notice MUST be delivered:

a) In person to the tenant, ORb) At the rental property, to a member of

the tenant’s household—of suitable age—requesting that it be delivered to the tenant,OR

c) By first-class mail, addressed to thetenant.

If the notice is delivered personally, thetime of the notice begins to run the next day.If the notice is mailed, the time begins the nextmail delivery day (not a Sunday or holiday).

The eviction notice is not the same as anOrder of Eviction. A tenant is not required tomove when the eviction notice expires—he orshe may have a valid defense to the landlord’sreason for eviction. Expiration of the 7- or 30-day time period only enables the landlord tofile a lawsuit.

Remember: Only a court officer mayremove the tenant and tenant’s personalitems from the rental property—and onlyunder court order.

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If some agreement or understanding cannototherwise be worked out by the parties, and ifthe eviction notice has been properly deliveredand the 7- or 30-day time period has passed,the landlord may commence a lawsuit—knownas a Summary Proceedings action. This sectionwill outline how the landlord may bring anaction, and what the tenant can expect whenbeing sued.

The Paperwork. The paperwork necessaryto begin a lawsuit includes the following:

a) Complaint;b) Copy of the Notice of Eviction (attached

to the Complaint);

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c) Lease (attached to the Complaint); andd) Summons.Most district courts will provide the

landlord with pre-approved court forms, ifrequested. These forms meet all Michiganstatutory and court-rule requirements. However,they must be properly filled out. It is suggestedthat anyone not using the pre-approved courtforms consult with an attorney.

The lawsuit for eviction begins like anyother lawsuit—the plaintiff (the landlord) filesthe appropriate paperwork with the court.Jurisdiction over eviction proceedings isgranted to the district court and the fewremaining municipal courts.

The Complaint tells the court why thelandlord seeks to regain possession of his orher rental property—much the same as theoriginal Notice of Eviction. The ComplaintMUST include:

a) A description of the rental property;b) The reason(s) for eviction;c) A demand for a jury trial (if the landlord

wants a jury);d) If rent or other money is due, the rental

period and rate, the amount due and unpaidwhen the Complaint was filed, and date(s) thepayments became due; and

e) Allegations that the landlord has keptthe residential rental property fit for the useintended and in reasonable repair during theterm of the lease (unless the lease term is ayear or more and the parties have modifiedthese obligations by contract).

The following paperwork MUST BEATTACHED to the Complaint:

a) Copy of the Notice of Eviction; andb) Lease (unless the tenancy was created

by an oral agreement).

The Summons MUST accompany theComplaint, commanding the tenant to appearat the district court for trial. It MUST alsoinclude information, advising the tenant that:

a) The tenant has the right to employ anattorney;

b) If the tenant does not have an attorney,but can otherwise afford to retain one, tocontact the State Bar of Michigan or a locallawyer referral service;

c) If the tenant cannot pay for an attorney,he or she might qualify for legal-aid assistance;and

d) The tenant has the right to a jury trial(the fee must be paid when the demand ismade in the first response—written or oral).

Proper filing of the paperwork with thecourt. The paperwork MUST be properly filedwith the appropriate district court, as only thiscourt has jurisdiction over eviction proceed-ings. A lawsuit for eviction is filed in thedistrict court in the county where the rentalproperty is located. Sometimes, the districtcourt’s jurisdiction borders are the same asthe municipal borders, but this is not alwaysthe case. Check with the local court to deter-mine the proper district court for your lawsuit.

Proper delivery of the paperwork to thetenant. The paperwork MUST be properlydelivered to the tenant, notifying him or herthat legal action has begun (and proof of howand when they were delivered must be filedwith the court). The Summons and Complaintand a copy of the original Notice of Evictionand Lease MUST be properly delivered to thetenant BY MAIL AND ONE OTHER WAY:

a) Personally, ORb) By first-class mail—certified, return-

receipt requested, restricted delivery, ORc) At the rental property, to a member of

the tenant’s household—of suitable age—requesting that it be delivered to the tenant,OR

d) After diligent attempts at personalservice, by securely attaching the papers tothe main entrance of the rental property unit.

(Note that this delivery differs slightly fromdelivery of the initial Notice of Eviction. Here,two methods of delivery are required.)

CHECKLIST FOR COMMENCING A LAWSUIT■ The Notice of Eviction was properly delivered to the tenant and the proper time period, either 7 or

30 days, has passed.■ The pre-approved court forms—the Complaint and Summons—are properly completed.■ Copies of the Notice of Eviction and Lease are attached to the Complaint.■ All paperwork is filed with the appropriate district or municipal court.■ All paperwork is properly delivered to the tenant.

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The lawsuit for eviction is like any otherlawsuit. Once a Complaint is received, thetenant MUST APPEAR AND ANSWER by thedate on the Summons. The time period isshort—generally 3 to 10 days. The tenant mustanswer either in person, orally, or by filing awritten response addressing each of theallegations in the landlord’s Complaint. Thetenant’s answer generally objects to thelandlord’s reason(s) for the eviction andexplains why the court should not evict thetenant from the rental property.

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If the tenant does not appear at the districtcourt, as commanded in the Summons, adefault judgment—giving possession of therental property back to the landlord—will beentered against the tenant. And 10 days later,at the landlord’s request, the court will issuean Order of Eviction and a court officer willphysically remove the tenant and the tenant’spersonal items from the rental property.

Additionally, the court may enter a moneyjudgment against the tenant. This would allowthe landlord to begin collection proceedings,which may include garnishment of wages, bankaccounts, and tax refunds. It may also includeexecution against the tenant’s personalproperty, like his or her automobile. Further, amoney judgment may appear on the tenant’scredit report, hindering his or her ability to geta loan or a credit card.

Advice to the tenant: Do not fail toappear and answer!

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Up until trial, the parties may reach anagreement and settle the case themselves ORthey may decide to resolve their disputethrough mediation.

Community Mediation. Parties can chooseto mediate before or after a lawsuit is filed.Mediation is an alternative dispute resolutiontechnique that is voluntary, empowering,confidential, convenient, effective, andprovided at little or no cost. (See pages 21-22

for the names, locations, and phone numbersof the 24 Michigan Community MediationCenters that can be called for assistance.)

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At any time before trial, the landlord andtenant may decide to work out a compromise.In fact, most lawsuits for eviction end incompromise—minutes before trial. The partiesmay either:

a) Sign an agreement called a “ConsentJudgment,” putting an end to the case byconsent and by order of the judge, OR

b) Agree to a dismissal subject to somecondition (e.g., tenant paying rent by aparticular day, tenant voluntarily vacating therental property by a particular day). Once thecondition is satisfied, the judge will order thedismissal.

If a Summons has been issued, the tenantmust show up at the court. If an agreement isreached, the court must be notified. Whetherthe landlord and tenant must appear beforethe judge to put their agreement on the recordis up to the judge.

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If the tenant has exhibited certain lawfulbehavior, Michigan law provides the tenantwith a number of defenses—even if thelandlord can prove any of the nine reasons fora lawful eviction. The most common defensesare:

(1) A claim of retaliatory eviction. Thereexists a presumption of retaliation if the land-lord started the eviction proceedings within90 days of the tenant trying to enforce his orher rights under law (e.g., reporting health andsafety code violations, exercising rights underthe lease, filing a complaint against thelandlord for violation of the law, or joining inmembership in a tenants’ organization).

(2) Full payment of the rent due. After alawsuit for nonpayment of rent was filed, thetenant may have actually paid the total amountof rent due.

(3) Landlord’s breach of the warranty ofhabitability and duty to repair. The landlordmust have been provided with notice of theproblem, generally in writing (see the lease),and must have been given a reasonableamount of time to fix the problem. If a portion

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of the rent was withheld for the purpose ofaddressing the maintenance or repair issue(s),it must have been deposited into an escrowaccount. (That portion of rent must reasonablyrelate to the cost of repair or to the damagethat the tenant incurred because of theproblem.) The tenant must show that “but forthe repair and maintenance required, he or shewas ready, willing, and able to pay the rent.”

Having a defense and being able to prove itare two different things. If the tenant is suc-cessful in offering his or her proofs, the tenantis generally allowed to remain in possession ofthe rental property. The Court may not ordereviction if the Court believes that the tenantcomplied with the law and acted only toprotect his or her rights, even though thelandlord may have had a lawful reason toevict.

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If the parties to a lawsuit for evictioncannot otherwise reach an agreement, they willhave to go to court to have things decided forthem. Even when they first get to court, mostcases are resolved in the hallways. The judgesgenerally encourage the parties to reach asettlement; the attorneys who are there onbehalf of the parties also encourage theirclients to do so. If they cannot, the partiesthen proceed to trial where the judge or jurywill decide the outcome.

At trial, both parties will be given anopportunity to tell their side to the judge (orjury). They will be allowed to offer testimonyand show documentation that may persuadethe judge (or jury), by a preponderance of theevidence (51 percent), to rule in their favor.

In the courtroom, there is an order tothings. The landlord must first prove that alawful reason for eviction exists and that he orshe is entitled to regain possession as ownerof the rental property. The tenant, on the otherhand, may next offer evidence that eventhough there is a lawful reason, a legal defenseexists that protects him or her from beingremoved. (See a list of landlord’s lawfulreasons and tenant’s possible defenses, pages13 and 16, respectively.) After both partieshave had an opportunity to offer their proofsto the judge (or jury), a decision will be madeeither for the landlord (to regain possession)or for the tenant (to remain in possession).

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Even if the landlord wins the lawsuit foreviction, the court cannot issue an Order ofEviction for at least 10 days. This allows timefor the tenant to appeal the decision; it allowstime for the tenant to cure by paying the rentowed if that was the reason for eviction, and itallows time to work things out by agreement.

Only after waiting 10 days can a prevailinglandlord request that the judge issue an Orderof Eviction. However—even then—Michiganlaw does not allow the landlord to forciblyremove the tenant or the tenant’s property.Only an officer of the court, by a judge’s order,can remove the tenant and tenant’s propertyfrom the rental property; and that officer isgenerally the sheriff or someone from thesheriff’s office. This is called executing theOrder for Eviction, and there is little the tenantcan do but start packing.

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Yes. In addition to regaining possession ofthe rental property, the landlord may havepersuaded the judge (or jury) that he or she isentitled to a money judgment. The judge mayaward the landlord a money judgment for suchthings as unpaid rent, unpaid utilities, damagesto the rental property beyond reasonable wearand tear caused by the tenant, and any otherdamages incurred because of the tenant’sviolation of the lease agreement.

Avoiding a money judgment is always agood idea. If the option to pay is still available,the losing party (if financially able) shouldremit what is owed. Once a money judgment isawarded, the prevailing party, through a lawfulcollection process, can garnish wages, garnishbank accounts, and garnish tax refunds. Theprevailing party may also be entitled toanother remedy—executing the moneyjudgment against personal property (a car, finejewelry, collectibles, and the like).

Remember that a lease agreement—whether written or oral—is a contract,enforceable by law. Both parties have rightsand obligations under the lease. Simply havingthe tenant removed from the rental propertymay not provide the landlord with all that heor she is entitled to receive under the lease.

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Some incident gives rise for eviction.MCL 600.5714

7-DAY NOTICE is required forthe following reasons:a) Nonpayment of rent;b) Extensive and continuing

physical injury to property;c) Serious and continuing health

hazard; ORd) Illegal drug activity and formal

police report filed (leaseprovision must allow fortermination).

30-DAY NOTICE is required forthe following reasons:a) Violation of a lease provision

and the lease allows fortermination;

b) Forceful entry OR peacefulentry, but forceful stay ORtrespass;

c) Holding over after naturalexpiration of lease term;

d) “Just cause” for terminatingtenant of mobile home park;OR

e) “Just cause” for terminatingtenant of government-subsidized housing.

Provide proper notice of intent to evict.MCL 600.5716; 600.5718Forms DC 100a, DC 100c (from the court)

The notice MUST:a) Be in writing;b) Be addressed to the tenant;c) Describe the rental property

(address is sufficient);d) Give reason for eviction;e) State the time for tenant to take

remedial action;f) Include landlord’s signature; andg) Include date.

The notice MUST be delivered:a) In person to the tenant, ORb) At the rental property, to a member

of tenant’s household—of suitableage—requesting that it be deliveredto the tenant, OR

c) By sending it through first-class mailaddressed to the tenant.

Read the notice. Certain reasonsfor eviction can be cured (e.g.,nonpayment of rent can be cured bypaying the rent). Certain otherreasons cannot be cured and tenantmust move out (e.g., breach of lease,illegal drug activity). Otherwise, youmay be sued.

Recommendation: Contact thelandlord to peacefully discuss his orher reasons for eviction. Try to workthings out to remain in the rentalproperty.

BEGIN THE LAWSUIT:After the time period in thenotice has expired—either 7 or30 days—if things cannot beworked out:

File with the district or municipalcourt and serve on the tenant aSummons and Complaint.MCL 600.5704 and 600.5735

The Summons. The Summonscommands the tenant to appear atthe court for trial.Michigan Court Rule 4.201(C)Form DC 104 (from the court)

The Complaint. The Complaint givesfurther notice of the cause of action, orreasons, for the eviction. LandlordMUST attach the following:a) A copy of the Lease; ANDb) A copy of the Notice of Eviction—

stating when and how it wasdelivered.

Michigan Court Rule 4.201(B)Forms DC 102a, DC 102C (from the court)

The Summons and Complaint MUSTbe delivered (and proof of how andwhen they were delivered must be filedwith the court) to the tenant BY MAILAND ONE OTHER WAY:a) Personally, ORb) Sent by mail—certified, return-

receipt, restricted delivery, ORc) At the rental property, to a member

of tenant’s household—of suitableage—requesting that it be deliveredto the tenant, OR

d) After diligent attempts at personalservice, by securely attaching thepapers to the main entrance of therental property unit.

Michigan Court Rule 4.201(D)

The Summons will have a date andtime ordering the tenant to appearin court. As the Summonscommands, you MUST appear incourt for this hearing.

You MUST appear and answer theComplaint by the date on theSummons. You can do this either inwriting OR orally at the hearing.

Recommendation: It is best tocontact a lawyer to help youthrough this process.

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TRIAL: Within 10 days therewill be a trial/hearing.Michigan Court Rule 4.201(F)

If either party appears withoutan attorney, but requests toretain one, the judge willgenerally adjourn the trial/hearing for 7 days.

You have a right to an attorney;you may ask for time to retain one.Generally, the judge will adjourn for7 days. You have a right to a jurytrial; however, you must demand it inthe Complaint and pay the jury fee.(The fee starts at $50 and goes updepending on the amount incontroversy.)

Provide testimony, documents, andother evidence to show that you arelawfully entitled to recover possessionof your rental property.

Recommendation: Dress nicely, beprepared, and be respectful of the legalprocess.

You must appear and answer theComplaint. You have a right to anattorney; you may ask for time toretain one. Generally, the judge willadjourn for 7 days. You have a rightto a jury trial; however, you mustdemand it in your first response—written or oral—and pay the juryfee. (The fee starts at $50 and goesup depending on the amount incontroversy.)

Defending landlord’s claim mayrequire you to testify and providedocuments and other evidence ofwhy you should be entitled toremain in possession of the rentalproperty.

Recommendation: Dress nicely, beprepared, and be respectful of thelegal process.

JUDGMENT: After trial, thejudge or jury will render adecision either in favor of the:a) Landlord (evicting the tenant),

ORb) Tenant (allowing him or her to

remain in possession).

A money award may also beentered for damages incurred byeither party.Michigan Court Rule 4.201(K)

If judgment is for you, the landlord, itmay include an award for any moneydue and for costs. You may begincollections on the money judgment iftenant does not otherwise pay orappeal. You will have to wait to regainpossession by requesting an Order ofEviction.MCL 600.5741

If judgment is for the tenant, he orshe may remain in possession of yourrental property.

Decide quickly whether to appeal.

If judgment is for you, the tenant,you may remain in possession of therental property.MCL 600.5747

If judgment is for the landlord, youmust either:a) Make full payment (if the

eviction can be cured bypayment), OR

b) Settle the dispute, ORc) Move out, OR

APPEAL: Within 10 days afterjudgment, either party mayappeal the judge’s decision. Theparty appealing the judge’sdecision must pay an appealbond, filing fees, and transcriptfees to preserve the appeal andstop the Order of Eviction frombeing issued.Michigan Court Rule 4.201(N)

Decide quickly whether to appeal.

Once the sheriff executes the Order ofEviction, you regain possession of yourrental property.

EVICTION: After 10 days, anOrder of Eviction may berequested, issued, and executed.Michigan Court Rule 4.201(L)

If the reason for the eviction wasnonpayment of rent, full payment ofthe rent, plus fees and costsawarded, may stop the issuance ofthe Order of Eviction. Partialpayment will not stop the issuanceof the Order.

WARNING: Other reasons foreviction may not be cured bypayment and you must move outbefore the sheriff executes theOrder and moves things out foryou.

FROM START TO FINISH—IT CAN TAKE AS FEW AS 27 DAYS OR AS MANY AS 57 DAYS TO EVICT A TENANT!

Parties in a dispute can choose tomediate before or after a lawsuit is filed.Mediation is an alternative dispute resolutiontechnique that is voluntary, empowering,confidential, convenient, effective, andprovided at little or no cost. There are24 mediation centers throughout Michiganthat can be called for assistance.

Mediation is:

■ A process that helps people to resolvedisputes. Trained mediators facilitate acommunication process that assistspeople in reaching mutually satisfactoryagreements.

■ An alternative to destructiveconfrontation, ineffective avoidance,costly litigation, and violence.

■ An opportunity for people in conflict touse their own problem-solving skills, totake responsibility, and to find solutionsthat best meet their needs.

■ Designed to preserve individual interestswhile strengthening relationshipsbetween individuals and groups.

■ An opportunity to learn a successfulmethod for resolving conflicts that canserve as a model for constructivelyresolving future conflicts.

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THE

MEDIATIONPROCESS

(1) Any person or organization may initiatemediation.

(2) A trained professional will talk with youto determine if your situation isappropriate for mediation. If it is, youwill be asked for basic informationabout yourself and the other person(s)involved.

(3) With your permission, the mediationcenter will contact the other person(s)involved to encourage them toparticipate in a mediation session.

(4) If both parties agree, the mediationcenter will schedule a mediationsession at a time and place convenientfor all.

(5) At the mediation session, trainedmediators will listen to all sides of thedispute. Each party will get a chance toexplain, uninterrupted, their point ofview. The mediator will encouragecommunication from all sides touncover facts, identify issues, andexplore possible solutions.

(6) When the parties reach a solution, theiragreement will be put in writing by themediator. It is then a legally enforceabledocument.

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ALPENA, Alcona, Iosco, Montmorency,Presque Isle

Sunrise Mediation ServicesAlpena County, MSU Extension603 S. Eleventh Ave., Alpena, MI 49707Ph: (989) 354-9874; Fax: (989) 354-9898E-Mail: [email protected]

BERRIEN, Van BurenCitizens Mediation Service, Inc.2800 Cleveland Ave., Ste. 2, St. Joseph, MI 49085Ph: (269) 982-7898; Fax: (269) 982-7899E-Mail: [email protected]: www.citizensmediation.org

CHARLEVOIX, EmmetCitizen Dispute Resolution Service, Inc.Northern Community Mediation223 Bridge St., Charlevoix, MI 49720Ph: (231) 547-1771; Fax: (231) 547-1786E-Mail: [email protected]

CHIPPEWA, Luce, MackinacEastern UP Dispute Resolution Center, Inc.(Continuing Ed. Bldg. LSSU)650 W. Easterday Ave., Sault Ste. Marie, MI 49783Ph: (906) 635-2725; Fax: (906) 635-2762E-Mail: [email protected]

DELTA, Menominee, SchoolcraftResolution Services ProgramUPCAP Services, Inc.2501 14th Ave. South, Escanaba, MI 49829Ph: (906) 789-9580; Fax: (906) 786-5853E-Mail: [email protected] Website: www.upcapservices.com/resolframe.htm

GOGEBIC, Baraga, Dickinson, Houghton, Iron,Keweenaw, Ontonagon

Western UP Mediators115 E. Ayer Street, Ironwood, MI 49938Ph: (906) 932-0010; Fax: (906) 932-0033E-Mail: [email protected]

GENESEECommunity Dispute Resolution Center of Genesee

County, Inc.315 East Court Street, Ste. 200, Flint, MI 48502Ph: (810) 249-2619; Fax: (810) 249-2620

GRAND TRAVERSE, Benzie, Leelanau,Missaukee, Wexford

Conflict Resolution Service, Inc.1022 E. Front Street, Traverse City, MI 49685-1035Ph: (231) 941-5835; Fax: (231) 941-5786E-Mail: [email protected]

INGHAM, Clinton, Eaton, IoniaDRCCMDispute Resolution Center of Central Michigan2929 Covington, Ste. 201, Lansing, MI 48912Ph: (517) 485-2274; Fax: (517) 485-1183E-Mail: [email protected]

JACKSON, Hillsdale, Lenawee, MonroeSoutheastern Dispute Resolution ServicesCommunity Action Agency1214 Greenwood, Jackson, MI 49204Ph: (517) 784-4800; Fax: (517) 784-5188E-Mail: [email protected]

KALAMAZOO, Barry, CalhounDispute Resolution ServicesGryphon Place1104 South Westnedge Ave.Kalamazoo, MI 49008Ph: (269) 552-3434; Fax: (269) 381-0935E-Mail: [email protected]

KENT, Lake, Mecosta, Montcalm, Newaygo,Osceola

Dispute Resolution Center of West MichiganCommunity Reconciliation Center678 Front Street, NW, Ste. 250Grand Rapids, MI 49504Ph: (616) 774-0121; Fax: (616) 774-0323E-Mail: [email protected]: www.drcwmich.org

LIVINGSTONLivingston Community Dispute Resolution

Services, Inc.123 E. Washington Street, Howell, MI 48843Ph: (517) 546-6007; Fax: (517) 546-4115E-Mail: [email protected]

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The following centers provide conciliation, mediation, and other forms of dispute resolution under1988 PA 260, the Community Dispute Resolution Act:

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MACOMB, St. ClairThe Resolution Center18 Market Street, Mt. Clemens, MI 48043Ph: (586) 469-4714; Fax: (586) 469-0078E-Mail: [email protected]: www.theresolutioncenter.com

MARQUETTE, AlgerMarquette-Alger Resolution ServiceMSU Extension200 W. Spring Street, Marquette, MI 49855Ph: (906) 226-4372; Fax: (906) 226-4369E-Mail: [email protected]

MUSKEGON, Manistee, Mason, OceanaWestshore Dispute Resolution Center1218 Jefferson, Muskegon, MI 49441Ph: (231) 727-6001; Fax: (231) 727-6011E-Mail: [email protected]

OAKLANDOakland Mediation Center, Inc.2267 S. Telegraph RoadBloomfield Hills, MI 48302Ph: (248) 338-4280; Fax: (248) 338-0480E-Mail: [email protected]: www.mediation-omc.org

OTSEGO, Antrim, Cheboygan, Crawford,Kalkaska

Community Mediation ServicesOtsego County Michigan State University

Extension ServicesUnited Way Building116 5th Street, Gaylord, MI 49735Ph: (989) 732-1576 or 705-1227;

Fax: (989) 705-1337E-Mail: [email protected]

OTTAWA, AlleganCenter for Dispute ResolutionMacatawa Resource Center665 136th Avenue, Holland, MI 49424Ph: (616) 399-1600; Fax: (616) 399-1090E-Mail: [email protected]: www.disputes-r-us.org/what.html

SAGINAW, Arenac, Bay, Clare, Gladwin,Gratiot, Isabella, Midland, Ogemaw,Oscoda, Roscommon, Shiawassee

Mid-Michigan Dispute Resolution Center200 S. Michigan Avenue, Saginaw, MI 48602Ph: (989) 797-4188; Fax: (989) 797-4185E-Mail: [email protected]

ST. JOSEPH, Branch, CassTri County Mediation Center612 E. Main Street, Centreville, MI 49032Ph: (269) 467-5624; Fax: (269) 467-5641E-Mail: [email protected]

TUSCOLA, Huron, Lapeer, SanilacCenter for Dispute ResolutionHuman Development Commission429 Montague Avenue, Caro, MI 48723-1997Phone: (989) 672-4044; Fax: (989) 673-2031E-Mail: [email protected]

WASHTENAWDispute Resolution Center1910 E. Ellsworth, Ann Arbor, MI 48106Ph: (734) 741-0603; Fax: (734) 741-0613E-Mail: [email protected]: www.mimediation.org

WAYNENeighborhood Reconciliation Center3516 Cadieux, Detroit, MI 48224Ph: (313) 417-9400; Fax: (313) 417-8426E-Mail: [email protected]

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If you feel an individual or a business hastreated you unfairly and you believe they oweyou money, there is something you can doabout it. If your community has a mediationprogram, you and the person with whom youare having a dispute can try to work theproblem out with the help of a neutralmediator. If you cannot resolve your probleminformally through mediation, you can file alawsuit in small claims court for up to $3,000.This information tells you how to file a small-claims case.

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In the small-claims division of the districtcourt, you can bring a lawsuit against anyonewho owes you money. You can sue a personwho or business that has caused damage toyour property or possessions. The maximumyou can collect through a judgment in smallclaims court is $3,000. Small claims courts aredesigned to operate informally and withoutattorneys present. If you feel you need anattorney to represent you, the matter must befiled in district court. In small claims court yourepresent yourself, speak directly to the judgeor attorney magistrate, provide your ownevidence, and have any witnesses you wishspeak for you. You do not need to know thelaw before you appear for a hearing.

You simply tell the judge why you feel thatsomeone owes you money and the person orbusiness you are suing has the opportunity totell their side of the case. After hearing bothsides, the judge will decide whether money isowed to any party and, if so, how much.

When deciding whether to file a claim,consider whether the person you are suing hasany income. Even if the judge grants you ajudgment, if the person you sued has noincome, it will be difficult for you to collectany money. You might want to check this outbefore you invest your time and money infiling a claim. Also consider whether mediationwould better resolve your problem.

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Filing a lawsuit in court should be used asa last resort. Make sure you have discussedyour problem with the person or business youare thinking about suing. In many cases, peopleand businesses do not know that someone hasa dispute with them until they receive courtpapers. If talking the problem over does notwork, consider using mediation instead ofgoing to court.

Mediation is a process in which two ormore people involved in a dispute meet in aprivate, confidential setting and, with the helpof a trained neutral person, work out asolution to their problem. Mediation is fast,either free or low cost, and effective inresolving many disputes includinglandlord/tenant, consumer/merchant, andneighborhood disputes. In most cases, amediation meeting can be set up within 10days, and 90 percent of all cases in which bothparties to a dispute agree to use a mediationservice result in agreements acceptable to allsides. If you can work out your dispute inmediation, you may not need to go to court.Ask the clerk of your local district court if amediation program is available in your area.

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If you cannot resolve your dispute throughmediation, you can file a claim against theperson or business in the small-claims divisionof district court. Your case must be filed in thecity or county where the transaction in disputetook place, or where the person or businessyou are suing is located. If you are suing morethan one person or business, the suit may befiled in the district court in which any of thepersons live or where any of the businesses dobusiness.

At court, tell the clerk you want to file asmall-claims case. You will be given an affidavitand claim form to fill out. On the form, youname the person or business you are suingand list reasons why you are suing and theamount for which you are suing.

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There is a cost for filing a small claim,which includes postage or service fees; youwill need to contact the court for thisinformation. Be sure to bring this amount withyou when you file your claim. The amount canbe made a part of the judgment if the judgedecides in your favor.

After you have filed your claim, the courtwill notify the other party that you have filed aclaim against them and the date they are to bein court. The defendant may respond beforethe hearing.

The defendant may offer to settle out ofcourt after learning you have filed a suit. If yousettle the matter out of court, you can eithervoluntarily dismiss your lawsuit or obtain ajudgment. If you want an enforceable judgment,the terms of your agreement must be spelledout in writing and signed by both you and thedefendant. A copy of the agreement must befiled with the court.

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If you are served with court papers fromthe small claims court, you are called thedefendant. You have several ways to respondto the affidavit and claim you have received.

If you want to deny the claim, you musteither answer the complaint before the hearingdate or appear in court on the hearing date,bringing with you any evidence you have tosupport your denial. If you want an attorney torepresent you, you must tell the court at orbefore the hearing; the case will be transferredfrom small claims court to the regular districtcourt.

If you have a claim against the person whois suing you, you can also file a counterclaim.Your written counterclaim should be filed withthe court and served by first-class mail on theperson suing you.

If you fail to appear for the hearing, thecourt may enter a default judgment againstyou. This means the judge may grant ajudgment for the plaintiff without hearing yourstatement.

The entry of a judgment may appear onyour credit report.

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On the hearing date, any of the followingmay happen:

1. If both the person filing the lawsuit andthe defendant appear, the judge mayrecommend that the parties go to mediationand the case may be adjourned. If either partydoes not want to try mediation, the hearingmay proceed.

2. If the party filing the lawsuit does notappear, and the defendant does appear, thecase will be dismissed.

3. If the defendant does not appear, theperson filing the lawsuit may ask for a“default” judgment. This means that, if thejudge decides you have a good claim, you canobtain a judgment without a hearing since theperson or business you are suing did notappear to challenge your claim.

When you go to court for a hearing, takewith you all the evidence you believe provesyour claim. This might include a sales receipt,guarantee, lease, contract, or accident report.If a damaged article is too big to bring withyou, photographs can be presented asevidence. Any witnesses you would like tospeak on your behalf should appear in court aswell.

Remember, a judge or attorney magistratewill hear a small-claims case; you have no rightto a jury trial, and the hearing will not berecorded.

Either party has the right to ask that thecase be heard in the general district court. Thecourt will notify the person filing the lawsuit ifthe defendant makes such a request. In thedistrict court, both you and the defendanthave the right to be represented by anattorney. Whoever loses the case may be askedto pay for court costs and attorney fees.Unless defendants are prepared for the extraexpense, they usually agree to have thehearing in the small-claims division.

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The hearing will usually take place at thecourt where you filed your claim. It isimportant to be there on time; if you filed thelawsuit and are not in court when your case iscalled, the case may be dismissed. If you arethe defendant and are not in court when yourcase is called, a default judgment may beentered against you. Bring all of your relevantpapers or other evidence and make sure yourwitnesses will be on time.

The court clerk will call your case and youand the defendant will appear before the judgeor magistrate. The judge will ask you to stateyour claim. Take your time and tell whathappened in your own words and why youthink the person or business you are suingowes you money. Show the judge yourevidence and introduce any witnesses youhave. The witnesses will be allowed to tell thejudge what they know about the case.

When you have finished, the person orbusiness you are suing will have anopportunity to explain their side of the case.Listen carefully. If you think the defendant isleaving something out or is misstating facts, besure to tell the judge.

A judge's decision is final. Neither you northe defendant can appeal to a higher courtonce the judge has made a decision in thesmall-claims division; although, on petition byeither party, the same judge may reopen thecase in the small-claims division. Either partymay appeal a magistrate's decision. The casewould be rescheduled before a judge and bothparties would explain their case again.

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If you obtain a judgment against thedefendant, the court will provide instructionsregarding post-judgment collections. Thedefendant may pay the judgment plus courtcosts immediately after the hearing, but if heor she does not have the money to pay rightaway, the judge may allow a reasonable time topay and may set up a payment schedule. If thedefendant fails to pay the judgment whenordered, you must go back to the court andfile additional papers to collect on thejudgment by having their wages or bankaccount garnished or property seized. Thiscannot occur until 21 days after the judgmentis entered. As part of the judgment, thedefendant must provide information to thecourt that can be used in post-judgmentcollection efforts.

The Small Claim Court section was produced by theState Court Administrative Office. This information wasdeveloped under a grant from the State Justice Instituteand in cooperation with the State Bar of Michigan.Points of view expressed are those of the Michigan StateCourt Administrative Office and do not necessarily reflectthe official position or policies of the State Bar or theState Justice Institute. TP-2 (12/99)

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Maintenance problems range from thingsthat are merely annoying to things that posean immediate threat to health and safety. Boththe landlord and the tenant have someresponsibility for maintenance.

There are three types of maintenanceproblems:

1. Emergencies (require action within 24hours and pose an immediate threat tothe health and safety of the occupant—gas leak, flooding, defective furnace, ormajor roof damage);

2. Major problems (affect the quality of theresidential environment, but not to thedegree that the life of the occupant isimmediately endangered—defectivewater heater, clogged drain, heatingproblem in part of a house); and

3. Minor problems (fall into the nuisancecategory—defective lighting, locks,faucets; household pests; and peelingpaint and wallpaper.

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Under Michigan statute, the landlord has aduty to keep the rental property and allcommon areas:

a) Fit for the use intended by the parties;and

b) In reasonable repair during the term ofthe lease, and to comply with the healthand safety laws. (MCL 554.139)

Whether the landlord is required to repaira problem depends on two factors: the natureof the problem itself and whether thelandlord’s duty to repair has been modified—either by the tenant’s conduct or by mutualagreement.

Unfortunately, the term “reasonable repair”is not defined by law—it is a question of factand, if litigated, would be decided by the judge(or jury). However, a little common sense cango a long way here. While it would certainly bereasonable for a landlord to fix a clogged drainor defective water heater, it may not bereasonable to require the landlord to repair aminor chip in a countertop or peelingwallpaper.

The landlord is relieved of the duty torepair and comply, if the tenant’s willful orirresponsible conduct or lack of conduct hascaused the disrepair or violation of health orsafety laws.

The landlord and the tenant may—bymutual agreement—modify these duties and

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make the tenant responsible for repairs, butonly if the lease agreement has a current termof at least one year. In other words, if the leaseterm is less than one year, the landlord’s dutycannot be modified.

Additionally, almost all courts recognizethat implied in a residential lease agreement isthe understanding that the rental propertymust be fit for habitation by humans. Thismeans that the rental property must meetsome minimum level of standard so as not toexpose the occupants to unreasonable healthrisks. This implied duty cannot be modified orwaived.

In addition to state law requirements,counties and municipalities are free to enactordinances that require landlords to maintainrental property above minimum habitabilitystandards. Most municipalities have a housingcode protecting the health, safety, and welfareof their citizens. Some require that the rentalproperty be inspected on a regular basis. Someeven require licensing before a tenant canmove in. Check with the local city or countygovernment code enforcement office foradditional standards imposed on landlords inmaintaining their rental property.

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Although responsibilities can be modifiedin certain instances—by mutual agreementbetween the landlord and tenant—a tenant isgenerally expected to:

1. Pay rent on time; 2. Keep the rental property in a safe and

sanitary condition;3. Promptly notify the landlord of

maintenance problems;4. Exterminate insects that appear if they

were not there when the tenant moved in; and 5. Leave the rental property in good

condition—reasonable wear and tear excepted.

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Depending on the problem, requesting thata repair be made could be as simple as a quickphone call or as complicated as filing alawsuit. Outlined next are the recommendedsteps to take to solve a repair andmaintenance problem:

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Keep it simple. The tenant must notify thelandlord and explain the situation, theimportance of the repair, and when he or shewould like it done. A simple phone call usuallyworks. Sometimes, however, the landlordrequires that a specific form or repair order befilled out before proceeding. Read the leaseand talk to whoever is in charge and figure outthe best course to take. Keep copies ofcommunications and note discussions.Municipalities have enacted housing codes—establishing minimum standards—to protectthe rights of both the landlord and the tenant.Contact the local city hall for information.Remember: the landlord must be givenreasonable time to make repairs.

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In some municipalities, if the rentalproperty is up to municipal code standards,the tenant will be responsible for paying theinspector’s fee. If it is not up to code, thelandlord pays the fee (and may also have topay a re-inspection fee once the repair ismade). Call the local inspector's office to findout how much the fee will be.

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But remember: the landlord must first beprovided with notice of the problem, and mustthen be given a reasonable amount of time tofix the problem.

Escrow Account: A bank account or otheraccount held by a third party, generallyestablished in the name of the tenant, intowhich whole or partial rent payments aredeposited to show that the tenant was ready,willing, and able to pay the rent, but iswithholding the rent until a certain problem isfixed that the landlord is legally responsible forfixing. Once the problem is taken care of, theescrowed rent amount will be released to thelandlord.

■ If the rent, or a portion of it, will bewithheld for the purpose of addressing themaintenance or repair issue(s), the tenant

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should send a letter—certified mail, returnreceipt requested—stating why the rent will bewithheld, where it will be deposited (whatfinancial institution), and that payment will bereleased when the maintenance or repairproblem has been corrected.

■ If the repair cost will be deducted fromthe rent, call for three repair estimates. If it isa do-it-yourself job, shop and compare the costof parts. Reputable repair companies will cometo the house and provide a free writtenestimate. Send copies of the estimates to thelandlord and state that the problem will befixed unless the landlord agrees to do it by acertain date, and that the cost of repair will bepaid from the rent withheld. Keep all receiptsand note the dates of repair; send copies tothe landlord, along with the remaining portionof the rent.(Note: While the repair-and-deduct method maywork well for small repairs, it may not work forlarge repairs.)

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The amount of rent withheld mustreasonably relate to the cost of fixing theproblem or to the amount of damage thetenant has incurred because of the landlord’sfailure to fix the problem. Withhold less for aclogged drain. Withhold more for an unusabletoilet or shower. Only the most catastrophicproblems will warrant withholding all of therent. In any event, the amount withheld mustbe deposited into an escrow account.

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If the landlord has a run-in with themunicipal code enforcement office OR if thelandlord does not receive the rent, he or shemay well decide to start the process forevicting the tenant. Nevertheless, Michigan lawprovides the tenant who was acting lawfullywith certain defenses. The tenant, however,

must be able to prove the facts giving rise tothe defense:

1. A claim of retaliatory eviction. There exists apresumption of retaliation if the landlordstarted the eviction proceedings within90 days of the tenant trying to enforce hisor her rights under law (e.g., reportinghealth and safety code violations, exercisingrights under the lease, filing a complaintagainst the landlord for a violation of thelaw).

2. The landlord’s breach of the warranty ofhabitability and duty to repair. The tenantmust show that the landlord was providedwith notice of the problem and given areasonable amount of time to fix theproblem. The tenant must show that thelandlord failed to make the necessaryrepairs.

3. Rent was properly withheld and escrowed.The tenant must be able to show that “butfor the repair and maintenance required, heor she was ready, willing, and able to paythe rent.”

The eviction process takes time—from startto finish, it takes as few as 27 days or as manyas 57 days to evict a tenant. In the meantime,the landlord has mortgages, taxes, and bills topay. Financial pressure may cause the landlordto negotiate. If the landlord will not negotiate,and if the tenant has carefully documented allcommunications about the needed repair andmaintenance, the tenant may well succeed inthe lawsuit for eviction.

Both the landlord and the tenant shouldremember that, in many disputes, the basicissues become obscured by personaldisagreements that develop and continue togrow and fester. If an agreement cannot bereached, try mediation—either before a lawsuitis filed or after. Mediation might help toempower the parties to use their own problem-solving skills, to take responsibility, and to findsolutions that best meet their needs, whilestrengthening the landlord-tenant relationship.

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Federal, state, and local laws prohibitdiscrimination in rental housing based on anumber of factors, including race, color, sex,age, handicaps, and family status. For furtherinformation regarding the classes of personsprotected by state and federal law and theexceptions to the general laws, contact theMichigan Department of Civil Rights or theUnited States Department of Civil Rights.

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Some communities have adopted housingcodes or other specific requirements that mayaffect the condition or equipment requirementsof residential rental property. These includethe requirement that smoke detectors beinstalled in housing or that residents complywith recycling ordinances. Be sure to checkwith the local unit of government to see if therental property is affected.

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Landlords can include a provision in thelease that restricts tenants from maintainingpets in a rental unit. A landlord cannotdiscriminate against a handicapper whomaintains a guide, hearing, or service dogwearing a harness or a blaze orange leash andcollar if the handicapper has identificationcertifying that the dog was professionallytrained. In publicly-subsidized housing,handicapped or elderly tenants have additionalrights to maintain pets in their rental units.The courts have permitted the eviction oftenants who violate a lease provisionprohibiting tenants from maintaining pets in arental unit.

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A landlord can restrict tenants who smoketo certain apartments or buildings or canrefuse to rent to smokers. In Michigan AttorneyGeneral Opinion No. 6719, released May 4,1992, the Attorney General stated “neitherstate nor federal law prohibits a privately-owned apartment complex from renting only tonon-smokers or, in the alternative, restrictingsmokers to certain buildings within anapartment complex.”

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Since the latter part of 1996, landlordsmust provide tenants who are renting unitsbuilt before 1978 with certain informationconcerning lead-based paints. This informationincludes a federal government pamphletentitled:

■ Protect Your Family From Leadin Your Home

and a form entitled:

■ Disclosure of Information onLead-Based Paint and/or Lead-BasedPaint Hazards (Rentals)

There are exceptions to this federalrequirement, including commercial rentals,zero-bedroom efficiency apartments, and rentalunits certified as lead-free by a qualified leadabatement inspector.

For further information on thisrequirement, contact the National LeadInformation Center Clearinghouse at1-800-424-LEAD.

See Appendices for sample disclosure form.

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This form was prepared by the Housing Information Office, University Housing, University of Michigan,

� University of Michigan Rev. 6/02

Attach copy of lease or rental agreement and landlord�s house rules.

(Each roommate should receive a copy of this agreement)

We have signed a lease/rental agreement for (address) on (date). We hope to make certain that responsibilities of renting will be shared equally byall roommates. It is for this reason that we are signing this agreement.

The roommates of the above address are:

This agreement shall remain in effect from toUnder a month-to-month tenancy, each roommate must give the other roommate(s) and landlord thirty days written and/or oral notice in advance, if the roommate will be moving out before date shown above. Theroommate may leave if a substitute roommate is found and is acceptable to the remaining roommate(s) and thelandlord. Each roommate will be primarily responsible for finding his/her own replacement tenant.

Under a lease agreement, the departing roommate will be responsible for upholding the lease agreement until,

The landlord should be notified of any pending roommate switch, so that proper arrangements can be made.The departing roommate will be responsible for his/her original portion of the rent, unless other arrangementsare made in a written agreement with the roommate(s) and landlord.

The roommate(s) have paid a security deposit of . List amount each roommate has paid:

Each roommate is responsible for charges associated with the damages he/she or his/her guest(s) cause. Ifthe cause cannot be determined, then the roommates will split the cost of damages equally.

Each roommate shall pay the following amount of rent:Amounts may not be equal. The rent shall be paid on the day of each month. Rent will be paid inthe following manner (list all rental rates)

If pets are permitted under the lease, each pet owner shall be responsible for all damages caused by his/herpet. This includes damage to furniture, carpeting, blinds, doors, lawn, and garden.

A single ledger will be kept of all supplies purchased by each roommate. The supplies include such things aspaper towels, toilet paper, cleaning fluids, dish detergent, foil, plastic trash bags, scrub brushes, and any othergoods needed for the home which will be shared by all roommates.

Food expenses shall be shared by all roommates. Preparation of meals shall be determined by an attachedschedule which can be flexible.

ORFood is to be bought by each roommate. There is to be no borrowing of food without prior approval. Aseparate space will be provided for each person�s groceries. Shared meal preparation and clean-up isoptional.

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and possibly after, a replacement or sublessee is found.

.

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1 011 Student Activities Building, 734-763-3205. Website: www.housing.umich.edu

Roommate Agreement

ROOMMATES

DEPOSIT

TERMS

RENT

PETS

HOUSEHOLD SUPPLIES

KITCHEN USE AND CLEAN-UP

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OR

In addition to the items mentioned above, the following items have been known to cause conflict betweenroommates. If you foresee any of these as a problem, write out any needed additional agreements and attach.

____

____

____

____

*Charges for unclaimed telephone calls shall be allocated equally among the roommates.

SIGNATURES OF ROOMMATES

to this should be clearly stated, with the roommates reserving the right to change their minds about the sharingAll roommates agree to refrain from borrowing roommate

of their items. Property that is borrowed will be used respectfully and returned in the same condition. Ifdamage is done to personal property, the roommate responsible for damage will be held liable.

dusting, vacuuming, emptying trash, mopping/waxing floors, cleaning bathrooms, and yardwork.All roommates agree to share the responsibilities of cleaning and maintenance of the premises. This includes

The roommates have decided to develop a schedule which is attached. It states when each roommate willcomplete the cleaning and maintenance jobs.

The roommates will work together at a designated time to complete the above jobs.

Roommates agree to discuss unresolved roommate problems with an advisor at the University Housing Information Office. Any roommate may initiate this process, which includes consultation and mediation.

Space is provided at right for adding other issues needing specific agreements.

____Smoking/alcohol/drugs

____Cleanup after parties/guests

____Food/groceries/household supplies

____Quiet hours for studying and sleeping

____Parking

____Use of sound system

____Phone messages

____Compliance with landlord s ____Shared areas (bathroom) rules

____Keys

____Behavior of guests

____Overnight guests

Each roommate agrees to do his/her own dishes as needed. A schedule of kitchen cleanup may be attached.It will include cleaning the refrigerator and oven, mopping the floors, and emptying the trash.

The following services have been arranged and paid for as follows:

Item Account in Amount of Deposit How Bill Name RoommateResponsible for PaymentSharedPaid ByDepositName of

Gas

Water

Electricity

Newspaper

Garbage

Cable TV

Phone

Each roommate has been assigned the responsibility for payment of a specific bill. This includes determining the

ORamount owed by each roommate, collecting that amount, and seeing that payment is made before the due date.

responsible for the collecting and payment of all bills.The attached schedule has been developed to assign each roommate the month in which he/she will be

PERSONAL PROPERTY

CLEANING AND YARDWORK

MEDIATION

ADDITIONAL TERMS OF AGREEMENTS

UTILITIES

All roommates agree to make a good faith effort to discuss /obtain a resolution prior to taking any action.

,

s, personal items without prior approval. Exceptions

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Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards

Lead Warning StatementEvery tenant of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage,including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Leadpoisoning also poses a particular risk to pregnant women. The landlord of any interest in residential real property isrequired to provide the tenant with any information on lead-based paint hazards from risk assessments or inspectionsin the landlord’s possession and notify the tenant of any known lead-based paint hazards. A risk assessment orinspection for possible lead-based paint hazards is recommended before taking occupancy.

Landlord’s Disclosure (Landlord must initial here: _________)

(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):

(i) ______ known lead-based paint and/or lead-based paint hazards are present in the housing (explain).

__________________________________________________________________________________________

(ii)______ Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

(b) Records and reports available to the tenant (check (i) or (ii) below):

(i) ______ Landlord has provided the tenant with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below).

__________________________________________________________________________________________

(ii)______ Landlord has no reports or records pertaining to lead-based paint and/or lead-based painthazards in the housing.

Tenant’s Acknowledgment......Protect Your Family from Lead in Your Home.

(e) Tenant has (check (i) or (ii) below):

(i) ______ received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assess-ment or inspection for the presence of lead-based paint and/or lead-based paint hazards.

(ii)______ waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.

Agent’s Acknowledgment (Agent must initial here: _________)

(f) __________ Agent has informed the landlord of the landlord’s obligations under federal law and isaware of his/her responsibility to ensure compliance.

Certification of AccuracyThe following parties have reviewed the information above and certify, to the best of their knowledge, that theinformation they have provided is true and accurate.

Landlord Date Tenant Date

Tenant Date Tenant Date

Agent Date Tenant Date

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INVENTORY CHECKLIST*COMMENCEMENT AND TERMINATION

INVENTORY CHECKLIST FORM

“YOU MUST COMPLETE THIS CHECKLIST NOTING THE CONDITION OF THE RENTAL PROPERTYAND RETURN IT TO THE LANDLORD WITHIN 7 DAYS AFTER OBTAINING POSSESSION OF THERENTAL UNIT. YOU ARE ALSO ENTITLED TO REQUEST AND RECEIVE A COPY OF THE LASTTERMINATION INVENTORY CHECKLIST WHICH SHOWS WHAT CLAIMS WERE CHARGEABLE TOTHE LAST PRIOR TENANTS.”

BEGINNING CONDITION ENDING CONDITION

LIVING ROOM

DOOR (INCLUDING LOCKS):WINDOWS:CARPET OR FLOOR:WALLS:CEILING:LIGHTS & SWITCHES:OTHER:

DINING ROOM

WINDOWS:CARPET OR FLOOR:WALLS:CEILING:LIGHTS & SWITCHES:OTHER:

HALLWAY

FLOOR:WALLS:CEILING:OTHER:

KITCHEN

WINDOWS:FLOOR:WALLS:CEILING:LIGHTS & SWITCHES:STOVE:REFRIGERATOR:SINK:CABINETS & COUNTER:OTHER:

* Remember! Be specific. Describe any conditions in detailed terms rather than saying “fine” or “acceptable.”

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BEGINNING CONDITION ENDING CONDITION

BEDROOM

DOOR:WINDOWS:CARPET OR FLOOR:WALLS:CEILING:LIGHTS & SWITCHES:CLOSET:OTHER:

BATHROOM

DOOR:WINDOW:FLOOR:WALLS:CEILING:SINK:TUB AND/OR SHOWER:TOILET:CABINET, SHELVES, CLOSET:TOWEL BARS:LIGHTS & SWITCHES:OTHER:

BASEMENT

GARAGE

FURNITURE INVENTORY Use this if rental unit is furnished; check condition of items and number present.

KITCHEN CHAIRS:TABLES:END TABLES:LOUNGE CHAIRS:SOFAS:LAMPS:DESKS:DESK CHAIRS:BOOKCASES:MATTRESSES:DRESSERS:

SIGNATURE OF TENANT(S)

ADDRESS OF UNIT

SIGNATURE OF LANDLORD

LANDLORD’S ADDRESS

PHONE NUMBER (LANDLORD)

DATE

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The following are sample letters which may be used in dealing with various landlord-tenantproblems. It should be noted that most problems are handled amicably and effectively inconversations or correspondence between landlords and tenants. When this is not the case, and noagreement can be reached, it is best that subsequent communications between the two parties be inwriting, with copies being kept as the record. The sample letters which follow serve as a guide; thesespecific samples cannot, and do not, cover every type of landlord-tenant problem which may arise.

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TO: ___________________________________________________________________________

FROM: ___________________________________________________________________________

Please make, within a reasonable time, the following NECESSARY REPAIRS to the rental property I am occupying. I havetried my best to explain precisely what is wrong.

1. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

4. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Please notify me when the repairperson will be at the rental property to make the necessary repairs so that I can bethere. My home phone number is ________________________ and my work phone number is _________________________.For now, it is easiest to reach me: _________________________.For now, it is easiest to reach me: (time of day)

Thank you for your prompt attention to this matter.

Sincerely,

_________________________ _________________________Tenant Date

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TO: ___________________________________________________________________________

FROM: ___________________________________________________________________________

I requested that repairs be made to my rental property in a letter dated __________. It has been _____ days since Iwrote the letter, and the needed repairs have not yet been made.

I have contacted three service providers to make the repairs. Enclosed are copies of three estimates for the repairslisted in my previous letter. If I do not hear from you within _____ day(s), I will be hiring the lowest bidder to performthe repairs.

■ I will pay the company myself from rent previously withheld and escrowed.OR

■ I will pay the company myself and deduct the amount from my next rent payment.

Copies of the receipts for the repairs, once they are made, will be forwarded to you.

Please take note of the relevant Michigan case law:Where the landlord has covenanted to make repairs and fails to do so, the tenant, after giving reasonablenotice to the landlord, may make the repairs and recover the cost of such repairs from the landlord or he [orshe] may deduct the cost from the rent. . . . Unless the landlord’s duty to repair is expressly made conditionalupon receipt of notice from the tenant, such duty may arise from the landlord’s actual knowledge of the needfor repair. . . . The landlord’s duty to maintain in good repair . . . extends to reimbursing the tenant for moniesexpended . . .. Anchor Inn v Knopman, 71 Mich App 64, 67 (1976).

Sincerely,

_________________________ _________________________Tenant Date

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TO: ___________________________________________________________________________

FROM: ___________________________________________________________________________

As stated in my previous letter, dated __________, I have taken action to perform necessary repairs that you havefailed to correct. I had the repairs made and paid for them myself, as I said I would do.

You are required by Michigan law to keep the premises and all common areas fit for the use intended, and to keep thepremises in reasonable repair during the term of the lease, and to comply with the applicable health and safety laws ofthe state and local governments.

I spoke to you about the problems and the need for repair. I wrote you letter(s) dated __________ about the need forcorrective action. You failed to act within a reasonable amount of time. Therefore, I found it necessary to take actionmyself.

Enclosed are the receipts for all expenditures I have made:

■ I paid for the repair from previously withheld and escrowed rent.OR

■ I will deduct the amount from my next rent payment.

Sincerely,

_________________________ _________________________Tenant Date

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TO: ___________________________________________________________________________

FROM: ___________________________________________________________________________

I previously informed you, in a letter dated __________, of several problems and the need for repairs at the rentalproperty I am occupying. Since you have not taken any steps to correct the problems, it is necessary for me to takefurther action.

I have opened an escrow account at the following financial institution:Name: _________________________Address: _________________________City, State, and Zip Code: _________________________

I have deposited $__________ from my rent into the escrow account. This shows that I was ready, willing, and able topay the rent on time—but for certain problems that you, the landlord, are legally responsible for fixing. Once theproblems are taken care of, the escrowed rent amount will be released.

If you wish to discuss this matter further, contact me at _________________________.

Sincerely,

_________________________ _________________________Tenant Date

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TO: ___________________________________________________________________________

FROM: ___________________________________________________________________________

It has been ______ months since we first brought to your attention the need for several repairs on our apartment.Since you have not responded to our letters or phone calls, and have not begun to work to repair the problems at ourapartment, we feel that you have broken our lease. You have also violated the “statutory covenant to repair” providedfor by Michigan law. Since you have broken our contract, and show no sign of accepting your legal responsibility tomaintain the premises, we intend to terminate the occupancy of our apartment on or before ______________________.

We understand your responsibility to inspect the apartment and inform us of any damages—and return the undisputedportion of our security deposit to us—within 30 days of the end of our occupancy of the apartment. We alsounderstand that if you do not submit the above information to us within that time period—or go to court to retain ourdeposit (should we dispute your claim) within 45 days of the end of our occupancy—we may legally file suit for twicethe amount of our security deposit. Since YOU are responsible for breaking the lease, we will not accept a list ofdamages which includes charges for rent lost for the remainder of our lease.

If you wish to discuss this matter further, contact us at _________________________.

Sincerely,

_________________________ _________________________Tenant Date

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TO: ___________________________________________________________________________

FROM: ___________________________________________________________________________

In accordance with the terms of my lease requiring a _____-day written notice, you are hereby advised of my intent tovacate the rental property located at _________________________ on or before _________________________.

I will turn in my keys to you on _________________________.

Please send my security deposit to me at my FORWARDING ADDRESS:______________________________________________________________________________________________________________________________________________________

If you have any questions, please contact me at _________________________.

Sincerely,

_________________________ _________________________Tenant Date

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TO: ___________________________________________________________________________

FROM: ___________________________________________________________________________

I received your letter demanding that I be out of my apartment within 7 days. Discussion of this with my lawyerreveals that you cannot carry out an eviction without due process of law, which means taking me to court.

My defense against eviction will be that I have been withholding rent due to your nonperformance of repairs. I wouldlike to point out to you that I have copies of several letters sent to inform you of the need for repairs, and of thesteps I took to obtain repairs. I also have return receipts which prove that you received these letters. In addition,I have proof that I have been maintaining an escrow account into which the full amount of rent money due, or aportion of it, was deposited each month. Also, I have receipts for all repair work and all bills which were paid out ofmy escrow account.

During my tenancy, you have neglected to fulfill your statutory covenant to repair. I do not feel that you have adequatecause to demand my eviction.

Please contact my lawyer if you wish to discuss this matter. His or her name is ____________________________________.

Sincerely,

_________________________ _________________________Tenant Date

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TO: ___________________________________________________________________________

FROM: ___________________________________________________________________________

In reponse to the list of damages you sent dated __________, which I didn’t receive until this date, __________, I amwriting to dispute the following charges against my security deposit.

As required by Michigan law, I am responding to you by ordinary mail, within 7 days of when I received the list,indicating in detail my disagreement relative to the charges listed.

Description of Landlord’s Amount to beClaim of Damage Refunded Reason for the Dispute of Charges

A total of all disputed charges amounts to $______________. Please refund this amount of my security depositpromptly: $______________.

Please note that under Michigan law, the security deposit is considered the lawful property of the tenant until thelandlord establishes a right to the deposit or portions thereof. Within 45 days after termination of occupancy and notthereafter the landlord may commence an action in a court of competent jurisdiction for a money judgment fordamages which he [or she] has claimed or in lieu thereof return the balance of the security deposit held by him [orher] to the tenant or any amount mutually agreed upon in writing by the parties.

If you wish to discuss this matter with me, please contact me at _________________________.

Sincerely,

_________________________ _________________________Tenant Date

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TO: ___________________________________________________________________________

FROM: ___________________________________________________________________________

YOU ARE HEREBY NOTIFIED THAT:

The security deposit required of you will be deposited in the following regulated financial institution:

SURETY BOND (If the landlord has deposited a surety bond to secure deposits, complete the following):

The surety on the bond deposited with the Secretary of State is:

Show name and address of surety company, NOT the insurance agent who signs bond for surety company.

“YOU MUST NOTIFY YOUR LANDLORD IN WRITING WITHIN FOUR (4) DAYS AFTER YOU MOVE OF A FORWARDINGADDRESS WHERE YOU CAN BE REACHED AND WHERE YOU WILL RECEIVE MAIL; OTHERWISE YOUR LANDLORD SHALLBE RELIEVED OF SENDING YOU AN ITEMIZED LIST OF DAMAGES AND THE PENALTIES ADHERENT TO THAT FAILURE.”

Sincerely,

_________________________ _________________________Landlord Date

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TO: ___________________________________________________________________________

FROM: ___________________________________________________________________________

In response to your letter dated __________ requesting repair of the rental property you are occupying, please beadvised that I have contacted a service representative, _________________________, who should be calling you withinthe next few days to set up an appointment to accomplish the following repairs:

1. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

If you do not hear from the service representative within one week, will you please let me know so that I can makeother arrangements?

If you have any questions, please contact me at _________________________.

Sincerely,

_________________________ _________________________Landlord Date

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TO: ___________________________________________________________________________

FROM: ___________________________________________________________________________

We acknowledge with regret your letter of ___________________ advising us of your intention to vacate the rentalpremises on or before ____________________________ .

Your lease agreement requires a 30-day written notice.

Under the circumstances, we will hold you responsible for the payment of rent through _________________ , or untilsuch time in the interim as the apartment is re-occupied by another acceptable tenant.

Sincerely,

_________________________ _________________________Landlord Date

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TO: ___________________________________________________________________________

FROM: ___________________________________________________________________________

YOU MUST RESPOND TO THIS NOTICE BY MAIL WITHIN 7 DAYS AFTER RECEIPT OF SAME,OTHERWISE YOU WILL FORFEIT THE AMOUNT CLAIMED FOR DAMAGES.

On this date, ____________________, your occupancy of the rental property located at ____________________ terminated.As required under Michigan law, this notice is provided to you to advise you of charges against your security deposit:

Description of Damage or Estimated Amount ChargedOther Obligation Charged Cost of AgainstAgainst Security Deposit Repair(s) Security Deposit Reason for Charge Against Security Deposit

Under Michigan law, a security deposit may be used only for the following purposes: (1) actual damages to the rentalunit that are a direct result of conduct not reasonably expected in the normal course of habitation of a dwelling;(2) all rent in arrearage under the lease agreement and rent due for premature termination of the lease agreement;and (3) unpaid utility bills. None of these charges were claimed on a previous termination inventory checklist. Aftertotaling all charges lawfully assessed against your security deposit, a deduction of $__________, a balance remains inthe amount of $__________. A check or money order for the remaining balance is enclosed.

Sincerely,

_________________________ _________________________Landlord Date

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Forms prepared and approved by the Michigan State Court Administrator’s Office are available, ata nominal fee, from local district courts and various landlord or tenant associations. They are alsoavailable on the web at http://courts.michigan.gov/scao/courtforms. These include:

Affidavit and Claim—Small Claims, Form DC 84

Notice To Quit—Termination of Tenancy, Landlord-Tenant, Form DC 100c

Complaint—Termination of Tenancy, Landlord-Tenant, Form DC 102c

Demand for Possession—Nonpayment of Rent, Form DC 100a

Complaint—Nonpayment of Rent, Landlord-Tenant, Form DC 102a

Summons—Landlord-Tenant/Land Contract, Form DC 104

Judgment—Landlord/Tenant, Form DC 105

Order of Eviction—Landlord-Tenant/Land Contract, Form DC 107

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