Pontiac Municipal Code
AN ACT to regulate relationships between landlords and tenants relative to rental History: , Act , Eff. Apr. 1, ; Am. , Act , Imd. Eff. Dec. *Legal Responsibility; *Police School Relationship;. *School Law administrators and staff involving school law, student rights, and . Oakland Schools, Pontiac,Michigan for his many contributions to .. court hearing 72 hours prior to the hearing. TENANT-LANDLORD RIGHTS (see Legal Services. Once the landlord-tenant relationship is established, possession by the tenant will not be considered adverse to the owner until: (1) there . Winkle Chevy-Olds- Pontiac, Inc. v. . , S.W.2d , (); HTM Rests., Inc. v. . App. — Austin , no writ)(residential lease), which says no charge if not in the lease.
As stated in Oscar v. Implied Warranty of Quiet Enjoyment It is well-settled that, in the absence of express language to the contrary, there is an implied warranty that the lessee shall have the quiet and peaceful enjoyment of the leased premises.
Four Brothers Boat Works, Inc. Tesoro Petroleum Companies, Inc. As a general rule, a lessor relinquishes possession or occupancy of the premises to the lessee. Traditionally, a tenant establishes breach of the warranty of quiet enjoyment by showing: The elements of a claim for breach of implied warranty of quiet enjoyment are the same as a claim for a constructive eviction claim.
A tenant would therefore want to plead the claim as breach of implied warranty. An express warranty of quiet enjoyment abrogates implied warranty of quiet enjoyment. The implied warranty of quiet enjoyment may be waived or replaced by express contract. Security deposits Follow the rules of notice and itemization. The trap for landlords is to miss deadlines or not send out correct itemization.
Claims under security deposit laws sound in contract, not tort. Deducting such charges from the deposits at most was a breach of the contracts to refund the deposits if at the end of the terms of the leases the tenants had fully performed. Unaccompanied by willful, malicious, or fraudulent conduct, breach of a contract alone will not support an award of punitive damages.
Breach of contract alone, even if malicious, will not support tort damages, or punitive damages. A plaintiff can only get one form of punitive damages per claim. Texarkana Memorial Hospital, S. To keep it or not to keep it — that is the question A landlord will want to keep the security deposit on a defaulting tenant, in order to reduce losses. However, the security deposit does not cover all losses that may be incurred and its retention is regulated by specific statutory rules.
A security deposit is designed to secure performance under the lease. Non-refundable fees, such as for repainting or cleaning, are not security deposits, but rent or additional consideration for the lease. Apartment rules not incorporated by reference into lease will not support mandatory fees. Normal wear and tear is defined for commercial tenancies, but not residential tenancies.
Landlord cannot assess a charge other than rent or repair unless in lease.
Landlord Tenant Law Update
No similar restriction is specified for residential tenancies. However, see Orgain v. Normal wear and tear is on the landlord. Normal wear and tear is not defined. However, burden is on landlord to show damage by tenant. In the absence of showing that damage to the apartments, for a broken door and a window screen, was caused by appellees or that the damage was more than ordinary wear and tear, appellees could not be held to answer for the damages.
Temco Aircraft Corporation, S. Choosing small claims or county court In residential tenancies, most times, it is not cost effective to sue defaulting tenants, even those who tear up the property. Commercial tenants may cause more damage and may be solvent, so which court to file in has to be decided. For most small cases, filing suit in Small Claims Court would be the preferred route, though there are pitfalls also in going that route.
Malbis Memorial Foundation, S. Corporations may represent themselves without an attorney. Texas Rule Civil Procedure a emphasis added provides as follows: Either party may plead any new matter in the county or district court which was not presented in the court below, but no new ground of recovery shall be set up by the plaintiff, nor shall any set-off or counterclaim be set up by the defendant which was not pleaded in the court below.
The pleading thereof shall be in writing and filed in the cause before the parties have announced ready for trial. Change in the law. Potter County does not have higher jurisdiction.
Randall County does not have higher jurisdiction. Except for large commercial cases, staring in District Court would seem cost prohibitive. Fair credit reporting Landlords may file reports with credit reporting bureaus and make obtain credit information from credit bureaus regarding tenants or prospective tenants.
Landlords, once in possession of credit information on a tenant or prospective tenant, may not misuse the information. Mandatory disclosure if information is from credit reporting bureau, and if from third party, only on written request.
Adverse action applicable to landlords and tenants is covered by 15 U. Civil Liability for Willful Noncompliance a In general. Civil Liability for Negligent Noncompliance a In general. There are no common law remedies for misuse of credit information. There are Texas criminal sanctions for knowingly giving false credit information to a credit reporting bureau.
Michigan Landlord-Tenant Law | Avail
For a residential tenant who fails to occupy the dwelling according to the lease, and a replacement tenant is found by the landlord, a landlord may retain and deduct from the security deposit and rent prepayment a contractual lease cancellation fee or actual expenses, including time spent by the landlord in finding a replacement tenant.
However, there are some exceptions. Changes required by federal, state, or local law, rule, or regulation Changes in rules relating to the property meant to protect health, safety, and peaceful enjoyment Changes in cost of rent to cover additional costs incurred by the landlord due to increases in property taxes, increases in utilities, or increases in property insurance premiums Lease Renewal Provisions in Michigan Fixed Term Leases Fixed term leases are assumed to end when the lease term is over.
However, many fixed-term leases have provisions that change it to a month-to-month tenancy when the lease term is over. Periodic Leases For periodic leases, the lease renews at the end of each rental period at the end of each month for a month-to-month lease.
To terminate a periodic lease, the landlord or tenant must provide the other party with notice of their intent to terminate the lease. The amount of notice must be equal to the interval between rent payments. Make collecting rent a reward, not an errand. The lease should state if the landlord has any preferences regarding the payment of rent. If possible, landlords should accept some form of online payment from the tenant. Landlords can accept online payments through Avail.
To ensure rent is paid on time every month, landlords should complete a thorough tenant screening. Screening your tenants has never been so simple.
- Michigan Security Deposits
Use Avail to screen your tenants online. Michigan Laws on Repairs: The tenant should notify their landlord beforehand of his or her intent to use either remedy. Withholding Rent If the tenant is withholding rent, he or she should put the rent payments that would have been paid to the landlord in an escrow account.
An escrow account is a bank account or other account held by a third party, established in the name of the tenant, into which rent payments are deposited to show that the tenant was ready, willing, and able to pay the rent. Once the problem is resolved, the escrowed rent amount will be released to the landlord. A landlord may require a security deposit for each rental unit. A landlord shall not require a security deposit unless he notifies the tenant no later than 14 days from the date a tenant assumes possession in a written instrument of the landlord's name and address for receipt of communications under this act, the name and address of the financial institution or surety required by section 4 and the tenant's obligation to provide in writing a forwarding mailing address to the landlord within 4 days after termination of occupancy.
The notice shall include the following statement in 12 point boldface type which is at least 4 points larger than the body of the notice or lease agreement: The attorney general may find a bond unacceptable based only upon reasonable criteria relating to the sufficiency of the bond, and shall notify the landlord in writing of his reasons for the unacceptability of the bond.
A person for whose benefit the bond is written or his legal representative may bring an action in the district, common pleas or municipal court where the landlord resides or does business for collection on the bond.
For the purposes of this act and any litigation arising thereunder, the security deposit is considered the lawful property of the tenant until the landlord establishes a right to the deposit or portions thereof as long as the bond provision is fulfilled, the landlord may use this fund for any purposes he desires. A security deposit may be used only for the following purposes: