Strategies 101 Rent, Repairs, and Eviction Presented by Greg Tasker - - PowerPoint PPT Presentation

Tenant Rights and Strategies 101

Rent, Repairs, and Eviction

Presented by Greg Tasker of Legal Aid of Western Michigan at Grand Rapids Neighborhood Summit March 4, 2017

Legal Aid of Western Michigan

• Civil legal assistance (no criminal)
• To income and asset eligible persons
• Without charge for our legal services
• On matters within our program priorities
• When our involvement will make a difference

All page references are to Tenants and Landlords: a practical guide

prepared by the Michigan Legislature

A Simple Overview

• Landlord/tenant law can be complicated
• People’s factual circumstances can be complicated
• If in doubt, you should get competent legal advice
• I am presenting from the tenant’s point of view
• Make a note of questions; I can talk to you at the end

Focus on Rent, Repairs, and Eviction

• As a general matter, landlords and tenants get along well as long as

the tenant pays rent and the landlord makes repairs.

• However, other things can go wrong, especially if the tenant damages

the property or engages in criminal behavior.

• It is very important for everyone to understand the eviction process,

because that’s where people end up when things go wrong.

Documentation: Talking v. . Writing

Talking

• Talking is quick and easy to do
• But talking leaves no record
• And people disagree about what was said

Writing

• Writing is harder to do
• But it creates a record
• And it is hard to disagree with

What is Within Your Control

• “Some things are within our control and others are not.”
• Learn how landlord/tenant law works
• Look for things that are within your control
• Take responsibility for what is within your control

General Outline

• Moving In
• Leases
• Rent
• Repairs
• Eviction
• Moving Out

Moving In In

• Inspect the place before you sign the lease
• Get a copy of the lease (even if you can only take a picture of it)
• Get a receipt for the rent and security deposit (more later)
• Complete the Inventory Checklist (p. 41)

The In Inventory ry Checklist (p (p. . 41)

• Fill it out completely
• Make and keep a copy of it
• Turn it in to the landlord

The Lease

• You signed it, and you will be held to it
• Read all of it, even if you don’t understand all of it
• Term, rent, utilities, security deposit, notices to landlord, pets
• Not everything in it may be enforceable, but most of it will be
• It is also possible to rent month-to-month without a lease

What are the two greatest tenant commandments?

"Thou shalt have no other bills before rent." And second is like unto it, "Thou shalt not pay rent in cash."

No Other Bills

• It can be hard, because there is some close competition
• Food, utilities, car insurance, car payment, fines and court costs
• But what other bill can you get you set out on the street?

Not Paying Cash

• Pay by personal check, money order, or cashier’s check
• If you must pay by cash, you MUST get a receipt!
• No receipt, no record, no proof, no payment

Always Pay On Time

• Pay all your rent, on time, all the time
• You will avoid late charges (check your lease)
• You will avoid court costs (more about that later)
• You pay more when you pay late!

Always Get Receipts

• The landlord should, but might not, give you a receipt
• You can write one up and have the landlord sign it
• Money orders and cashier’s checks have receipts
• Bank statements don’t show uncashed checks
• Get receipts, save them, and never lose any of them

What Is Is A Ledger?

• Columns for date, description of event, charge, credit, balance
• The running balance is the balance column
• The running balance changes with every charge or payment
• It is very easy to lose track of the running balance
• Ask the landlord for a copy of the ledger on a regular basis

Rent Subsidies

• Conventional Public Housing
• Subsidized Private Housing Complexes
• Section 8 Housing Choice Vouchers

Follow the Rules

• Promptly report all income
• No unauthorized occupants (or letting people use your address)
• No criminal or illegal drug activity

Responsibility for Repairs

It is the landlord’s responsibility “to keep the premises fit for the use intended and in reasonable repair during the term of the lease.” It is the tenant’s responsibility not to damage the premises.

How To Get Things Fixed

• Take dated pictures of problems and save all documents
• Give landlord prompt, dated, written notice of problems (p. 43)
• Text messages are not ideal; e-mails are better
• Give the landlord a reasonable opportunity to fix problems
• If the landlord does not fix the problem, go to Code Enforcement

Rent Withholding

• Rent withholding is a bad idea (I don’t agree with p. 28)
• It guarantees a non-payment of rent eviction will be filed
• The tenant will probably end up having to pay court costs
• Court costs can exceed the rent abatement the Court gives
• More often than not, people spend the escrowed money
• Code Enforcement is a better way to get repairs made

Cit ity of Grand Rapids Code Compliance Div ivis ision 1120 Monroe Ave., N.W., 3rd Floor Grand Rapids, Michigan 49503 (616) 456-3053

Make a Complaint

• Go down personally to describe problem and show pictures
• A housing code complaint will be taken from you
• A Notice of Complaint (NOC) will be sent to the landlord
• The landlord will have 21 days to repair (less for hazards)
• If the repairs are not made an inspection will be conducted

Cooperate With In Inspection

• Go back to Code after 21 days if things aren’t fixed
• Tell them that the problems have not been repaired
• Find out when the inspector will be coming out
• When inspector comes, let him in, show him what’s wrong

Notice of f Violations (N (NOV)

• If code violations are found, a NOV will be sent
• Get a copy of the Notice of Violations
• The Notice of Violations can be used in court

Eviction Process

• Eviction is a process, not an event
• Only the Court can legally evict you
• It is illegal for a landlord to evict you without a court order
• Two kinds of evictions: non-payment and termination

Non-Payment of f Rent Evictions

• Demand for Possession (notice) (p. 57)
• Complaint for Non-Payment of Rent (p. 58)
• Summons (p. 59)
• Summary Hearing
• Judgment (p. 62)
• Order of Eviction (p. 63)

Demand for Possession (n (notice) (p (p. 56)

• Demands payment of amount shown within 7 days or a move-out
• Landlord must accept the money if it is offered within 7 days
• If you don’t pay or move, the landlord can file a Complaint in Court

Complaint for Non-Payment of f Rent (p (p. 58)

• The Complaint asks the Court to determine what is owed
• And it asks the Court you evict you if that amount is not paid
• Rent abatement is a defense to a Complaint for Non-Payment
• The Court can reduce the amount owed for repair issues

Summons (p (p. . 59)

• When a Complaint is filed, the Clerk issues a Summons
• The Summons gives the hearing date, time, and courtroom
• The Summons and the Complaint have to be served on you
• It is always a very good idea to go to the hearing

Summary ry Hearing

• Default Judgment
• Consent Judgment
• Adjournment for Trial

Default Ju Judgment

• If you do not show up, a default judgment will be issued
• Any named party who does not appear can be defaulted
• Defaults can be set aside for good cause and a meritorious defense

Consent Ju Judgment

• A consent judgment will issue if you don’t dispute the complaint
• A consent judgment will issue if you reach an agreement at court
• You have 3 days to set aside a consent if you had no attorney

Adjournment for Trial

• If you dispute the Complaint, the case will be set for trial
• There is usually no time for a trial on a summary hearing date
• (As many as 15-20 cases can be scheduled every half hour)
• At the trial, you can testify, call witnesses, and ask questions
• You can have the case decided by the judge or by a jury

The Ju Judgment (p (p. . 62)

• The Court’s decision is given in a written Judgment
• The top part of the Judgment is called the Possession Judgment
• The bottom part of the Judgment is called the Money Judgment

Possession Ju Judgment

• The Judgment says how much you must pay in 10 days to stay
• It includes court costs: filing fee, service fee, and attorney fee
• It states that you will be evicted if you do not pay within 10 days
• Don’t leave the courthouse without a copy of that Judgment
• You can often get help getting the Judgment paid if you have it

Money Ju Judgment

• The money judgment states what can be collected from you
• A money judgment is only decided if it asked for in the Complaint
• A money claim is often adjourned to see if you pay or move

Order of f Eviction (p (p. . 63)

• If you do not move or pay in 10 days, landlord will apply for a writ
• The “writ”, or Order of Eviction, tells court officer to set you out
• You and all of your property may then be removed from premises

Termination of f Tenancy Evictions

• Notice to Quit (notice) (p. 53)
• Complaint to Recover Possession (p. 55)
• Summons (p. 59)
• Summary Hearing
• Judgment (p. 62)
• Order of Eviction (p. 63)

Notice to Quit (n (notice) (p (p. 53)

• A Notice to Quit is generally a 30-day notice
• In some circumstances the time can be shorter
• Payment is not asked for, but might waive the notice
• The reason given can be simply that your lease is up
• Or the reason can be a claim that you violated your lease

Lease Violation Examples

• Disturbing the neighbors
• Drugs or other criminal activity
• Damaging the property

Court Process for Terminations

• A Complaint to Recover Possession can be filed with the Court (p. 55)
• The Clerk will issue a Summons for service with the Complaint (p. 59)
• Default or consent judgment or adjournment for trial at hearing
• Retaliation is a defense to a termination of tenancy eviction
• No right to cure and you must move within 10 days if you lose
• Judgment if you lose and Order of Eviction if you don’t move out

Moving Out

• Make the move-out quick, clean, and complete
• Document condition at move-out
• Take steps to recover the security deposit

How to Move Out

• Move out quickly
• Take everything with you
• Leave the place clean
• Return all of the keys

Documenting Condition at Move-Out

• Finish filling out the Inventory Checklist (p. 41)
• Take pictures and/or videos of how you left the place
• Do a walk-through with the landlord after you move out

Recovering the Security Deposit

• Give written forwarding address within 4 days of move-out (p. 46)
• Landlord has 30 days from move-out to return the deposit
• And give you written notice of any deductions from the deposit
• You have 7 days from receipt to dispute deductions in writing (p. 47)
• Landlord has 45 days from move-out to file in court to keep deposit

Conclusion

• Control and Influence
• Talking vs. Paper
• Electronic Communications

Control and In Influence

• “Some things are within our control and others are not.”
• Your behavior, ideally, is under your control
• Other people’s behavior is not under your control
• You cannot control others, but you can influence them
• You can make a good outcome more likely or less likely

You can make it more likely or less likely that

• your landlord will make repairs
• Code Enforcement will help you
• the Court will believe you
• the Court will evict you or not evict you
• your landlord will give you a favorable reference

Talking vs. . Paper

• What papers does the landlord have about you?
• What papers does the court have about you in an eviction?
• What papers do you have about your tenancy?
• Get, keep, and organize your papers
• Sign, date, and photocopy all notes to the landlord (p. 43)

Electronic Devices (d (disadvantages)

• They all tend to be awkward and confusing in court
• No one wants to look at your tiny phone screen in court
• Screen shots of text messages are hard follow
• E-mail threads are difficult to follow
• If you lose your phone, you may lose all of this stuff

Electronic Devices (a (advantages)

• E-mails and texts can be nearly as good as other documents
• Smart phones make taking pictures and videos easier
• Single printed e-mail messages generally work well court
• Printed transcripts of text messages can work well in court
• Pictures and videos can be presented, but not on the tiny screen

Best Practices

• Send new e-mails instead of responding to old e-mails
• Print out single e-mail messages for court
• Download and use an app to create a transcript of text messages
• E-mail the transcript of texts to a computer to print out
• E-mail your photos to a computer so they can be printed
• E-mail your videos to a computer to put them on a thumb drive
• Use the Court’s video equipment to display photos and videos