What exactly are a tenant's rights in MI?

Question

Hi, I've looked some stuff up about Landlord/Tenants rights, but the guidelines are a little fuzzy. I was hoping someone could clarify things for me.

Here's my problem: I got laid off a month ago, and although I found a new job fairly quickly, the company that hired me changed their mind a week ago before I even started working. Since I didn't look for any other employment, thinking I had a job, I was unable to pay my landlord rent. I arranged to pay it late, with a late fee, and adjust the payment period, because I was told I would receive my first paycheck at the end of this month. Now, however, I have no job, and no way to pay my rent. I'm moving in with some relatives temporarily, and I agreed to move this Tuesday so the landlord could get new tenants ASAP, and so I wouldn't get stuck paying another half month's rent.

I paid the landlord the first month's rent when I moved in, as well as the last month's rent. I assumed that surrendering my deposit would cover the rent owed and I would be clear, as there are no damages to my room. However, the landlord is now saying that I owe him this past month's rent AND he gets to keep my security deposit because I did not give him a 30 day notice. The law states that the deposit is retained in the event of owed rent or insufficient notice, but what if it's both? Is he right, or does forfeiting my security deposit cover both? Also, my lease says that I must give 30 days notice, but not that there is a forfeiture of deposit for that.

I was wondering about some other legal issues as well. My landlord has been going into my room without asking my permission; isn't that illegal?

I'm also not sure this house is up to code, as he's added on several rooms with questionable craftsmanship. Is there any way of reporting this without paying for a building inspector? I'd look the other way, but my landlord has proved dishonest in the past, neglecting to mention the rodents that come into the house in the winter, or the ants that come into the kitchen. There are always insects in my room and bathroom as well, our locks can be picked with credit cards, he's always here early in the morning on the weekends hammering away, and there's not enough parking for all the tenants, even though the lease says we can't park on the street. It really angers me that he traps tenants into leases and neglects to mention or outright lies about the conditions of the house.

What the h**l should I do?

Answer 1

I can speak only for Missouri law, but in this state, he has the right to keep your security deposit if you broke the lease.  Remember, a security deposit and last month's rent are NOT the same thing.  Many people try to skip out on paying rent and say they will be out in 30 days, and agree to forfeit their deposit, but this is illegal in Missouri, since it leaves the landlord high and dry if there are things broken or missing.  Our state's attorney general's office publishes a flyer that outlines the landlord/tenant law.

Missouri also requires that a landlord give 24 hour notice for non-emergency entries.  In two years as a landlord for five units I have NEVER had to make an emergency entry, but it could happen.  Otherwise I always call first and give notice of why I would be going in.  

If substantial conditions exist that make your dwelling uninhabitable, you may have some legal recourse as well - in any state, if your lease violates the landlord-tenant laws, then that clause (not necessarily the entire lease) is invalid.  Example:  Your lease says you can't park on the street?  If it is a public street, they can't tell you where not to park.  Verify this with your local authorities.

Bottom line, contact your state housing offices, they should be able to provide you information on all the applicable laws as well as answer any questions you might have.

Answer 2

First of all, if you never mentioned in writing, any of the above complaints while you have been living there, then you do not have a case against him. Now you are doing it just because you failed to give notice and the landlord is keeping your deposit and you are mad about it.

Second, anybody can park on the street.  Nobody but the city can tell you otherwise and certainly not the landlord.  So park there to your hearts content.

Third, even though I keep my house very clean, I still get insects (they come in the door when someone enters), I get ants in the summer and sometimes mice in the winter.  In MI, thats predictable.  Anybody who has regular locks have locks that can be picked with a credit card.  As long as there are locks on the doors, you have no complaint.

While I havent seen the construction that your landlord has done, he has the right to do his own.  And unless the city you live in requires inspections of rental property, then there isnt alot you can do about it.  However, the city might require a permit for him to do the construction.  If so, then it would be inspected at finish.  

Going into your room without 24 hr notice in MI is a no no.  However, you are moving out, so I wouldnt even bother about it.  The time to worry about it is when you were living there.

Not giving 30 day notice is breaking your lease (a forfeiture), so he is intitled to keep your deposit and the last months rent.  Plus you said you owe him rent, so you should be about even if there is no damages to the room. Monday would be the beginning of a new rental period, but he is giving you until Tuesday because of the holiday.  Simply keep your word to be out by then.  

Answer 3

I have to agree with the above answer. If you never bothered to deal with these problems or take proper action to correct them PRIOR to not being able to pay rent, then you really do not have a case now. Had you gotten the job and paid the rent, you would still be living there without issue. Now that the landlord is enforcing his rights, you are looking for a way to get out of having to pay what you legally owe.

You are unclear, did you provide a last months rent and a security deposit or just a security deposit? The two are not the same.

If you only paid a security deposit, August's rent would be deducted from your security deposit and the landlord can bill you (and then follow up and sue you) for the next months rent for failure to give proper written notice. You owe for both months.

The laws are not fuzzy. A 30 day notice is required. You are legally obligated to pay rent through the notice period. The security deposit will be eaten up due to the unpaid month of rent, so you owe the rent through the notice period.