Human Relations
Commission
LANDLORD &
TENANT
HANDBOOK
PREFACE
The City of Holland Human Relations Commission published the Tenant/Landlord Rights
and Responsibilities Handbook to promote good tenant and landlord relationships. The
Human Relations Commission encourages both rental parties to become informed of
their rights and responsibilities so that difficulties may be prevented and effectively
managed if they arise.
You are encouraged to use the forms contained in this booklet which appear in the
appendices. Tenant and Landlord court forms may be obtained at the district court.
The information in this booklet should not be used as a substitute for professional legal
advice and assistance. Whenever necessary, both tenants and landlords should seek the
services of an attorney to enforce their rights.
Revised 2003
TABLE OF CONTENTS
FAIR HOUSING & CIVIL RIGHTS
TENANT SELECTION
RENTAL UNIT SELECTION
TENANT RIGHTS
TENANT RESPONSIBILITIES
LANDLORD RIGHTS
LANDLORD RESPONSIBILITIES
RENTAL UNIT REGISTRATION
ANNUAL PERMIT FEE
RENTAL UNIT CERTIFICATION PROGRAM
CITY OF HOLLAND HOUSING CODES
HOUSING BOARD OF APPEALS
WITHHOLDING RENT FOR REPAIRS
RENT DEDUCTION FOR REPAIRS
RENT REBATE
WRITTEN RENTAL AGREEMENTS
WRITTEN LEASES
ORAL RENTAL AGREEMENTS
SUBLEASING
RENT INCREASES
TERMINATING A LEASE
TRUTH IN RENTING ACT:
LEASES AND RENTAL AGREEMENTS
CORRECTING ILLEGAL LEASE AND AGREEMENT CLAUSES
INCLUDING OMITTED REQUIRED STATEMENTS AND NOTICES
MOVING OUT
SECURITY DEPOSITS
PERMITTED USES FOR SECURITY DEPOSITS
USES OF SECURITY DEPOSITS NOT PERMITED
REASONS FOR RETENTION OF SECURITY DEPOSIT
CLEANING DEPOSIT
INVENTORY CHECKLIST
SCHEDULE FOR RETURN OF SECURITY DEPOSIT
NOTICE OF DAMAGES
EVICTIONS
EVICTION EXAMPLE #1: NONPAYMENT OF RENT
EVICTION EXAMPLE #2: TERMINATION OF TENANCY
ILLEGAL EVICITONS
EVICTIONS FROM PUBLIC HOUSING
SMALL CLAIMS COURT
LAWS THAT APPLY TO TENANTS AND LANDLORDS
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APPENDICES
I.
SAMPLE RENTAL APPLICATION
II.
SAMPLE LETTER: REQUEST FOR REPAIRS
III.
SAMPLE LETTER: WITHHOLDING RENT FOR REPAIRS
IV.
SAMPLE LEASE OR RENTAL AGREEMENT
V.
ADDITIONAL TERMS AND CONDITIONS
VI.
NOTICE OF SECURITY DEPOSIT
VII. INVENTORY CHECKLIST FORM
VIII. SAMPLE LETTER: RETURN OF SECURITY DEPOSIT (30 DAYS)
IX.
SAMPLE LETTER: RETURN OF SECURITY DEPOSIT (45 DAYS)
X.
NOTICE OF DAMAGES
XI.
SAMPLE LETTER: DISPUTE OF CLAIMED DAMAGES
XII. SAMPLE LETTER: NOTIFICATION OF FORWARDING ADDRESS
XIII. TENANT AND LANDLORD RESOURCE DIRECTORY
FAIR HOUSING AND CIVIL RIGHTS
The Holland Human Relations Commission is responsible for the enforcement of the City
of Holland’s fair housing ordinance. In addition, the Michigan Department of Civil
Rights (MDCR) and the Department of Housing and Urban Development (HUD)
investigate unfair and discriminatory housing practices on the state and federal levels.
The combined city, state, and federal laws prohibit discrimination on the basis of
religion, race, color, national origin, age, sex, marital status, family status, disability, and
legal income source.
The following discriminatory practices are prohibited:
•
Refusal to meet with interested parties for the purpose of renting, or refusal of
permission under reasonable conditions to inspect an available rental property.
•
Failure to offer equal terms, facilities, conditions, services or privileges in a rental
transaction.
•
Denial of the availability of a rental property when in fact it is available for rent.
•
Print, circulate, post, or cause to be published a statement, advertisement, notice or
sign with the intent to discriminate in the selection of prospective tenants.
•
Use of an application form to select tenants with the intent to discriminate or make a
record or inquiry which indicates the religion, race, color, national origin, age, sex,
marital status, family status, or disability of tenants. Source of income information
may be obtained for the purpose of making a good faith business decision relating to
the tenant’s ability to meet the financial responsibility involved.
•
Restrict or attempt to restrict the housing choices of persons or discourage persons
from seeking housing in a particular community, neighborhood, or housing
development.
1
TENANT SELECTION
•
Tenants should complete a rental application. Be sure that the information requested
on the application does not violate city, state, or federal civil rights and fair housing
laws.
•
Check housing references and contact at least one, preferably two, previous
landlords.
•
Check tenant’s credit references.
•
When possible, visit the prospective tenants at their current address to see how they
maintain their residence.
•
Landlords must comply with all fair housing laws when selecting tenants. It is illegal
to discriminate against prospective tenants because of their race, color, national
origin, religion, age, sex, marital status, disability, or family status. Also, in the City
of Holland, a tenant cannot be denied a rental unit because of their legal source of
income.
RENTAL UNIT SELECTION
•
Request to interview past tenants or current tenants living in the landlord’s other
rental units.
•
Check with the City of Holland’s Environmental Health & Inspections Department to
ensure that the rental unit is registered and is in compliance or substantial compliance
with the City of Holland’s property maintenance code.
•
Have the landlord make needed repairs to the rental unit before moving in.
Otherwise, have the landlord agree, in writing, to make the necessary repairs by a
specific date.
•
Read the lease or rental agreement carefully before signing. Ask the landlord to
explain any parts of the agreement that are not clear or are difficult to understand.
All leases and rental agreements that violate the TRUTH IN RENTING ACT are
invalid and cannot be enforced unless properly corrected.
•
Rental payments and fees should be paid by money order, cashiers check, or personal
checks and a receipt should be given for all rent or fees paid.
2
TENANT
TENANT RIGHTS
Tenants have the right to:
•
receipts for rent, fees, and utility payments made.
•
full use and peaceful enjoyment of the rental unit.
•
a well maintained rental unit which meets applicable state and local housing codes.
•
request necessary repairs and complain to authorities when the landlord fails to make
required repairs.
•
agreements, notices, and promises of repairs, in writing;
•
have the security deposit handled as required by the security deposit law.
•
non-discrimination by the landlord on the basis of religion, race, color, national
origin, age, sex, marital status, family status, disability, and legal income source.
TENANT RESPONSIBILITIES
Tenants have the responsibility to:
•
pay the rent on time and comply with the lease or rental agreement.
•
keep the rental unit clean and keep garbage in approved containers.
•
be considerate of other tenants.
•
repair any damage caused by tenants or guests
•
complete and return the inventory checklist within seven (7) days after moving into
the rental unit and notify the landlord of repairs needed in the rental unit.
•
allow the landlord to enter the rental unit if permission is granted by the tenant.
•
provide the landlord a written notice at least one rental period in advance when
moving, otherwise the tenant may be responsible for rent for the remaining term of
the rental agreement or lease.
3
LANDLORD RIGHTS
Landlords have the right to:
•
have the rent paid on time or evict for non-payment of rent.
•
evict for failure of tenants to properly care for the rental unit.
•
sue tenants for rent due if the lease or agreement is terminated prematurely.
•
refuse to rent to someone based on poor or insufficient credit information or poor
references.
•
request the housing inspector to inspect the rental unit and issue a housekeeping
order to a tenant who is unsanitary in the upkeep of the rental unit.
•
enter the rental unit with proper notice and permission from the tenant to make
necessary repairs. In an emergency, permission to enter is not necessary.
LANDLORD RESPON SIBILITIES
Landlords have the responsibility to:
•
respect the tenant’s privacy and comply with the terms of the lease or rental
agreement.
•
and comply with state and local property maintenance codes.
•
follow legal procedures and use proper legal forms when renting to or evicting a
tenant.
•
process the security deposit according to the security deposit law including utilizing
proper legal forms.
•
request permission before entering the rental unit, except in the case of an
emergency;
•
comply with city, state, and federal civil rights and fair housing laws of nondiscrimination against tenants on the basis of religion, race, color, national origin, age,
sex, marital status, family status, disability, and legal income source.
4
RENATAL UNIT REGISTRATION PROG RAM
Rental units located within the city limits of Holland are required to be registered with
the City of Holland’s Environmental Health & Inspections Department. The following
information shall be provided:
• The address of the rental dwelling and number of rental units within the structure.
•
The name, residence address, business and home telephone number of the owner.
•
The name, residence address, business address, and business telephone number of the
responsible agent designated by the owner.
The are no fees for registering rental units unless the owner surpasses the 30 days
required for registration of newly constructed, converted, sold, transferred, or conveyed
rental dwellings. A $25.00 administrative late charge is collected for late registration of
each rental unit. Failure to register or providing incorrect, outdated registration
information is considered a misdemeanor and is subject to a fine and costs as well as the
administrative late charge.
ANNUAL PERMIT FEE
No rental unit may be occupied unless an Annual Basic Housing Permit is first secured
from the City of Holland’s Environmental Health & Inspections Department. A $30.00
annual permit fee is due every year on January 10, and paid to the City Treasurer for
each rental unit. The annual permit fee is set by City Council and may be subject to
change.
RENTAL UNIT CERTIFICATION PROGRAM
The City of Holland requires all rental housing units to be inspected for compliance with
the City’s housing code. Certification Ordinance No. 880 states, “No property owner
shall lease, rent, or otherwise allow a rental unit to be occupied unless the Environmental
Health & Inspections Department has issued a rental certificate of compliance for such
rental unit.”
A rental certificate of compliance shall not be required under the following
circumstances:
• Within three (3) years of the first inspection of the rental unit, but no longer than six
(6) years from the effective date of this ordinance.
•
5
If a temporary rental certificate of compliance is in effect.
CITY OF HOLLAND HOUSING CODE REQUIREMENTS
Rental units must meet housing code requirements as homes or apartments which are in
a safe and decent living condition.
If your rental unit does not comply with the code requirements listed below, tenants are
encouraged to first contact their landlord and request that repairs be made. If the
landlord fails to make the necessary repairs, the tenant has the right to file a complaint
with the City of Holland’s Environmental Health & Inspections Department to have code
violations corrected. It should be noted that: TENANTS ARE PROTECTED FROM
EVICTIONS BY MICHIGAN LAW WHEN THE EVICTION IS IN RETALIATION FOR
REPORTING HOUSING CODE VIOLATIONS.
An official copy of the City of Holland Housing-Property Maintenance Code Ordinance
is available upon request in the Environmental Health & Inspections Department in city
hall. The housing code requirements as outlined below are not intended to take the
place of the city’s official housing code and are not all inclusive. The information
provided is intended to give tenants and the landlords an idea of what is generally
required by the city housing code and should be used as a guideline.
•
The water supply system must be maintained to provide water in sufficient volume
and pressure to enable plumbing fixtures to function in a satisfactory manner.
•
All sinks, bathtubs, showers and lavatories must be able to provide cold and hot
running water.
•
Sinks in the bathroom, kitchen, and basement as well as lavatories and drains must be
in good working order.
•
Each dwelling unit or apartment must have at least one room with both a lavatory
and a toilet.
•
Each dwelling unit must have at least one shower or bathtub.
•
Walls, ceilings, floors, windows, doors, and exterior surfaces must be maintained in
good condition, free from excessive peeling paint, cracked or loose plaster, decayed
wood, and other defective surface conditions.
•
Every dwelling must be roach and rodent-free. Infestations, when found, must be
treated and eliminated by a treatment program approved by a city inspection official.
(Continued on next page)
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(Housing Code Requirements Continued)
•
A safe and approved heating system must be provided that is able to maintain 65°
heat for all habitable rooms from September 15 to May 15.
•
Bathrooms and kitchens must have adequate ventilation by window or exhaust fan.
A window is not required in a bathroom for ventilation purposes if an approved
mechanical ventilation system exists.
•
Every window and exterior door must fit within its frame and be weather-tight to
exclude wind and rain.
•
At least one (1) window in each habitable room must be capable of being opened
easily. All operable windows must have window hardware capable of tightly
securing each window.
•
At least one (1) operable window in each habitable room must have an approved
screen that fits tightly.
•
Every habitable room must have at least one (1) window of approved size facing
directly to the outdoors for light and ventilation.
•
Exterior doors and hardware must be maintained in good condition, with locks
capable of tightly securing the doors.
•
The exterior of the dwelling must be kept weather and water tight and rodent proof.
•
A minimum of two (2) separate duplex electrical outlets must be provided for each
habitable room, and a minimum of one (1) for a bathroom with GFCI protection.
•
Habitable rooms and bathrooms must have wall controlled switches or outlets for
lighting fixtures.
•
Kitchens must be provided with at least two (2) separate duplex electrical outlets, one
of which must be adequate for the operation of a refrigerator. In addition, kitchens
must be provided with a minimum of two (2) grounding type duplex electrical
outlets. The National Electrical Code requires that all outlets in the kitchen located
within six (6) feet of a sink, and above a counter top, be equipped with ground fault
circuit interruption protection.
•
Laundry areas and furnace areas must have at least one (1) light fixture.
(Continued on next page.)
7
(Housing Code Requirements Continued)
•
Each basement room must have at least one (1) light fixture.
•
The interior of every dwelling and common area must be maintained in a clean and
sanitary condition free from accumulation of rubbish, refuse, or garbage.
•
Garbage and vegetable wastes or other organic materials which can rot and produce
odors must be stored in leak-proof containers.
•
All heating and cooling equipment must be kept in good and safe repair.
•
All railings, floors, steps, stairs, and porches must be safe and sound.
•
Hardwired interconnected with battery backup smoke detectors must be provided for
each rental unit, and must be maintained in working order.
•
Each structure must have an assigned street number displayed so that it can be read
easily from the street.
•
At least one off-street parking area that is a clearly designated driveway area with
concrete or other similar durable surface must be provided for each dwelling unit.
HOUSING BOARD OF APPEALS
The Housing Board of Appeals was established to hear appeals from tenants and
landlords arising from decisions made by the housing inspector or enforcing officer. The
five (5) member board of appeals review appeals relating to the administration,
enforcement and interpretation of the city housing code, registration, and certification
programs.
The Human Relations Commission recommends that rental property owners contact the
Environmental Health & Inspections Department, located in the 3rd floor of city hall, and
request a copy of the Rental Certification Ordinance No. 880. Housing inspection staff
will answer specific questions relating to the certification program.
8
WITHHOLDING RENT FOR REPAIRS
A tenant may choose to withhold rent if the landlord fails to maintain the rental unit in
good repair. In order to withhold rent the following steps must be taken:
1. A letter must be written to the landlord (keep a copy) requesting that repairs be
made and when the repairs should be completed. Depending on the repairs, the
landlord must be given a reasonable time to comply with the request.
2. If the landlord does not respond to the written request to make repairs, the tenant
must notify the landlord in writing (certified mail, return receipt recommended) of
withholding rent. The entire amount of the rent should be placed in an escrow
account on or before the rent is due. The landlord should also be advised that once
repairs are completed, the rent will be paid in full.
3. Once rent is withheld, the tenant should make an appointment with a city housing
inspector to verify and officially document the repairs needed.
NOTE: Rent may not be withheld if rent payments are overdue. The tenant must be
current with rent payments and may withhold future rental payments only.
CAUTION: As a result of withholding rent for repairs, the landlord might issue a seven
(7) day notice to evict for non-payment of rent. If this should happen, the tenant must
be prepared to show that rent was properly withheld and that the entire rent due is in a
savings or escrow account.
If the landlord decides to issue a thirty (30) day notice to evict as a result of withholding
rent for repairs, the tenant must be prepared to show that rent was properly withheld
and that the attempted eviction is in retaliation for the rent withholding.
Michigan’s retaliatory eviction law protects
protects tenants from eviction when the eviction is in
retaliation for reporting housing code violations, or in retaliation for taking advantage of
legal rights afforded under the law.
9
RENT DEDUCTION FOR REPAIRS
The landlord in responsible for maintenance and repairs of the rental unit. When repairs
are needed, the landlord should be informed of the repairs to be made in writing. If the
landlord refuses to make the necessary repairs within a reasonable time period, the
tenant may decide to make the repairs or contract to have these repairs completed.
When deducting rent for repairs the tenant should do the following:
•
The landlord should be informed of the repairs to be made in writing. This notice
should give the landlord a reasonable time period to complete the repairs.
•
If repairs are not made within a reasonable time, the tenant should obtain more than
one written estimate to have the repairs completed.
•
Once repair estimates are obtained, they should be mailed by certified mail to the
landlord advising the landlord of the plan to have the repairs made and the rent
deducted to cover expenses. This letter should also give the landlord a date to
complete repairs prior to having the repairs made by a contractor.
•
Once repairs are completed, the tenant should send the landlord all receipts along
with a written explanation and the balance of the rent. Copies of everything mailed
to the landlord should be kept.
•
When deducting rent for repairs the landlord may disagree with the cost of the
repairs made, or that not enough time was allowed for the landlord to complete the
repairs. This risk should be considered and all steps taken should be carefully
documented.
RENT REBATE
The landlord has the responsibility to maintain the rental unit in good repair. If the
landlord refuses to maintain and repair the rental unit, the tenant has the right to ask the
court for a rebate or reimbursement of rent paid. The amount of reimbursement
requested should be directly related to the level of disrepair of the rental unit.
Prior to going to small claims court or district court and asking for rent reimbursement,
the tenant should take photos of the rental unit where maintenance is required and have
the housing inspector conduct an inspection to the verify housing code violations.
10
WRITTEN RENTAL AGREEMENTS
The Holland Human Relations Commission recommends that tenants and landlords use
written rental agreements. A rental agreement should be signed by the tenant and the
landlord or someone authorized to represent the landlord. The tenant should be given a
copy of the agreement. The tenant and landlord should check the agreement to see that
the following items are included:
•
The names of the persons signing the agreement.
•
The address of the property.
•
The amount of the rent and the date rent is due.
•
Who is responsible for paying specific utilities.
•
A statement of the property owner’s obligations to repair and maintain the unit.
•
A statement that all notices are to be given in writing.
•
The address where the landlord can be contacted.
•
The legal notice required by the Truth In Renting Act. Without the following notice,
a written agreement cannot be enforced:
“ NOTICE: MICHIGAN LAW ESTABLISHES RIGHTS AND OBLIGATIONS FOR PARTIES
TO RENTAL AGREEMENTS.
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 AGREEEMENT, YOU
MAY WANT TO SEEK ASSISTANCE FROM A LAWYER OR OTHER QUALIFIED
PERSON.
11
WRITTEN LEASES
A lease differs from a rental agreement in that a lease expires at the end of a specified
period, typically six months to a year. A rental agreement expires at the end of every
rental period which is usually for one (1) month. A lease should be read carefully before
signing. A written lease has both advantages and disadvantages and a tenant and
landlord should consider both before signing:
•
The tenant is assured of remaining in the rental unit for the length of the lease,
provided none of the provisions are violated.
•
The rent will remain the same throughout the duration of the lease.
•
The rights and responsibilities of the tenant and landlord will be in writing.
•
The tenant must live in the apartment or house for as long as the lease states. If the
tenant moves before the lease expires, the tenant is liable for the remaining rent. If
another tenant moves in and pays rent for the remainder of the lease, the former
tenant would be liable only for the unpaid months. The landlord may not receive
double rent.
•
The tenant should be aware of what is agreed upon in the lease. If the tenant has
questions about the lease, an attorney should be contacted before signing the
contractual agreement.
ORAL RENTAL AGREEMENTS
Some landlords do not require a written lease or written agreement. Therefore, these
tenants have an informal agreement with their landlord which is called an oral
agreement.
This type of agreement expires at the end of each rental period. A new period begins
when the tenant pays rent and ends when the rent is due again. Thus, an oral agreement
is automatically renewed when the tenant pays the rent.
A verbal agreement is legally binding in court. However, the provisions of a verbal
agreement may be very difficult to prove. The Holland Human Relations Commission
recommends that tenants and landlords use written leases or rental agreements.
12
SUBLEASING
If a tenant must break the lease, the rental unit may be subleased if the landlord is in
agreement and if provisions in the rental agreement or lease allow subleasing. However,
the original tenant is responsible for the following:
• Rules that apply to the landlord, now apply to the tenant or sublessor.
•
The unpaid rent of the sublessee or substitute tenant.
•
Damages caused by the sublessee or substitute tenant.
A sublessor, or the original tenant, is still obligated to the landlord for the lease even
though the apartment has been sublet. Therefore, it is recommended that the tenant sign
another written lease with the sublessee and also require a security deposit. Ideally, it is
better to have a willing landlord sign a new lease directly with the sublessee and release
the original tenant from the original lease.
RENT INCREASES
The landlord may raise the rent as long as legal procedures are followed. However, the
landlord may not raise the rent under these conditions:
• The tenant has a lease, unless the lease indicates that rent may be increased.
•
The raise is in retaliation against the tenant for taking legal action, such as requesting
that the landlord to make repairs or is reported for code violations.
•
The landlord fails to give the tenant proper written notice of a rent increase. A
verbal notice is not proper notice and in such cases the rent increase is not legal.
Proper notice is an advance written notice equal to one rental period.
The landlord may raise the rent under these conditions:
• The tenant does not have a written lease.
•
The rent increase is not in retaliation for legal action taken by the tenant.
•
Written proper notice is given at least one rental period in advance.
Notice: If the tenant is not given proper written notice equal to one rental period, the
tenant does not have to pay the extra rent the next time rent is due. However, once
written notice is received
received the tenant will have to pay the new rental rate for the
following rental period when the rent is due.
13
TEMINATING A LEASE
If the tenant must terminate a lease prior to its expiration date, the tenant may choose to
do the following:
•
If the landlord approves, the tenant may sublease the rental unit.
•
The tenant may get written approval from the landlord to terminate the lease early.
This agreement may or may not contain conditions for early termination of the lease.
•
The tenant may decide to move out, after giving the landlord written notice at least
one rental period in advance. Once the landlord receives the notice to terminate the
lease, the landlord must make a reasonable attempt to re-rent the unit. If the
landlord is successful, the responsibility for paying rent belongs to the new tenants. In
addition, the original tenant may be charged for reasonable costs to re-rent the unit
such as advertising and other related expenses.
•
However, if the landlord is unsuccessful in re-renting the unit, the tenant has the
obligation to pay rent until the expiration of the lease or until the unit is re-rented. In
order to get the rental unit re-rented as soon as possible, the tenant should help the
landlord by recruiting qualified tenants. A complete record of the prospective tenants
recruited should be kept in case the landlord sues for rent due for the remainder of
the lease and claims that no qualified tenants were available.
•
The tenant or landlord violates the terms of the lease. If the landlord violates the
lease agreement and therefore breaks the lease, the tenant should notify the landlord,
in writing, about the lease violation(s). If the tenant decides to move, the landlord
should be informed of the decision at least one rental period in advance.
•
If the tenant breaks the lease, the landlord may issue a notice to evict the tenant for
violating the lease.
14
THE TRUTH IN RENTING ACT
LEASES AND RENTAL AGREEMENTS
The Truth in Renting Act regulates the contents of leases and rental agreements and
provides penalties for landlords who violate the provision of the Act.
According to the Truth in Renting Act No. 454, it is unlawful for leases or rental
agreements to contain clauses or provisions which:
• Exempts landlords from their responsibility to keep their rental units in decent and
safe repair.
•
Exempts tenants from maintaining their a clean rental unit.
•
Requires that tenants give up their rights under the Security Deposit Act No. 348.
•
Excludes or discriminates against a person on the basis of race, color, national origin,
religion, age, sex, marital status, disability or source of income.
•
Releases the landlord from their responsibility for damages caused by their negligence.
•
Requires that tenants give up the right to trial by jury or give up any legal
proceedings required by law, and or that the tenant pay the landlord’s attorney fees
and court costs.
•
Requires the landlord to choose the representing attorney for the tenant.
•
Requires tenants to put up their personal property as security to insure payment of
rent or other charges claimed by the landlord.
•
Requires that tenants pay the remainder of their lease all at once if the tenants break
their lease.
•
Requires that tenants give up their rights or alter their rights with respect to possession
or eviction procedures provided by Michigan law.
•
Releases landlords from their duty to mitigate or minimize their damages.
•
Allows landlords to change or alter leases or rental agreements without written
permission of the tenants, except for changes that require a 30 day notice.
(Continued on next page.)
15
(TRUTH IN RENTING ACT LEASES AND RENTAL AGREEMENTS Continued)
•
A lease or rental agreement that specifies that tenants are responsible for the rental
unit maintenance and or repairs.
•
Violates the Michigan Consumer Protection Act No. 331.
A review of the lease should be conducted to ensure compliance to the Truth in Renting
Act. If a clause or provision in the rental agreement or lease is illegal according to the
Truth in Renting Act, then the agreement or lease is considered void. The Truth in
Renting Act requires that leases and rental agreements contain the following:
• The name and address where the landlord can be contacted.
•
The following notice in a prominent location in type no smaller than the size of 12point type, or in legible letters no smaller then 1/8 inch:
“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
YOU HAVE A QUESTION ABOUT THE
INTERPRETATION OR LEGALITY OF A PROVISION OF THIS AGREEMENT, YOU MAY
WANT TO SEEK ASSISTANCE FORM A LAWYER OR OTHER QUALIFIED PERSON.”
CORRECTING ILLEGAL CLAUSES
Landlord:
Landlord: A landlord may correct an illegal clause or provision in a lease or written
agreement by giving written notices to all tenants that a clause is void and
unenforceable, or that the clause will be changed to comply with the Truth in Renting
Act. If a required notice or statement in a lease is excluded, the landlord may correct the
omission by giving a written notice to the affected tenants, and include the omitted
statement or notice as required by the Truth in Renting Act.
Tenant:
Tenant: The tenant must notify the landlord in writing and inform the landlord of the
illegal clause in the lease or rental agreement which the tenant believes is in violation of
the Truth in Renting Act. Once the landlord has been notified, in writing by the tenant,
the landlord must notify the tenant(s) in writing within 20 days that the cited illegal
clause is void, or changed to comply with the Truth in Renting Act. The tenant may also
do the following if the landlord fails to correct the clause within 20 days:
• Void the lease or written agreement and terminate the tenancy.
• Forbid the landlord to include the illegal clause in any current or future lease or
agreement and require that the landlord correct the volition by written notice to all
the landlord’s tenants.
• Recover damages of $250.00 per action, or actual damages, whichever is greater.
(Truth in Renting Act Continued)
16
TRUTH IN RENTING ACT
INCLUDING OMITTED REQUIRED STATEMENTS AND NOTICES IN
LEASES AND RENTAL AGREEMENTS
Tenants: The tenant must notify the landlord in writing and inform the landlord of the
omitted required statement or notice in the lease or written agreement. Once the
landlord has been notified, in writing, the landlord must notify the tenant(s), in writing
within 20 days, to include the statement or notice originally omitted.
If the landlord fails to take corrective action to include the required statements or
notices, the tenant may sue for $500.00 dollars or actual damages, whichever is greater.
In addition, the tenant may terminate the rental agreement and the tenancy.
A tenant or landlord who prevail in an action under the Truth in Renting Act is entitled
to recover court costs, plus attorney fees.
A printed lease or rental agreement form which fails to comply with the Truth in Renting
Act should not be sold.
sold A commercial seller of such forms may be liable for damages
suffered by a purchaser (landlord) if sued by a tenant under the Truth in Renting Act.
MOVING OUT
The tenant should give the landlord at least one (1) rental period advance written notice
of the intention to move out. Failure to comply with this requirement may cause the
tenant to forfeit the security deposit.
The tenant should leave the rental unit in clean or as good condition as when the tenant
moved in.
The tenant should give the landlord a forwarding address in writing within four (4) days
after moving out in order to have the security deposit returned.
All keys should be returned at the time of moving. Withholding keys may make the
tenant liable for rent until the keys are returned.
17
SECURITY DEPOSITS
The landlord may require a security deposit for each rental unit. In most cases, the
amount of the security deposit required is equal to one month’s rent. However, the
landlord is allowed to collect a security deposit that is equal to 1 ½ months rent, but
cannot exceed
exceed this limit.
The landlord must notify the tenant, in writing, within fourteen (14) days, after the
tenant takes possession of the rental unit of the following:
•
The name and address of the landlord where communication may be received
regarding the security deposit.
•
The name and address of the financial institution or bank where the security is
deposited.
•
The security deposit notice must inform the tenant that the tenant must furnish the
landlord with a forwarding address within four (4) days after terminating the
occupancy of the rental unit. The notice must contain the following statement in 12point boldface type:
“YOU MUST NOTIFY YOUR LANDLROD, IN WRITING, WITHIN FOUR (4) DAYS
AFTER YOU MOVE OF A FORWARDING ADDRESS WHRE YOU CAN BE REACHED,
AND WEHRE
WEHRE YOU WILL RECEIVE MAIL; OTEHRWISE, YOUR LANDLORD WILL BE
RELIEVED OF SENDING AN ITEMIZED LIST OF DAMAGES AND THE PENALTIES
ADHERENT TO THAT FAILURE.”
Failure by the landlord to provide the above notice relieves the tenant of the obligation
to furnish the landlord with a forwarding address after moving.
Failure to provide all the above listed information, in writing, to the tenant within
fourteen (14) days after the tenant moves into the rental unit will cause the landlord to
forfeit the right to require a security deposit, and any security deposit collected must be
returned or considered an additional prepayment of rent.
18
PERMITTED USES FOR SECURITY DEPOSIT
Security deposits may be used for the following:
• Actual damages to the rental unit that are beyond normal wear and tear.
•
Unpaid rent once the tenant has moved.
•
Unpaid utility bills that were the responsibility of the tenant.
•
Rent due to premature termination of the lease.
USES OF SECURITY DEPOSIT NOT PERMITED
Security deposits may not be used for the following:
• Claims that are considered normal wear and tear of the rental unit.
•
Cleaning expenses once the tenant has moved.
•
Rent due as long as the tenant continues to reside in the rental unit.
REASONS FOR RETENTION OF SECURITY DEPOSIT
The landlord may keep the security deposit for the following reasons:
• The landlord has obtained a money judgment.
•
The landlord filed with the court proof of inability to serve the tenant with a notice
of damages as required.
•
The tenant does not provide a forwarding address.
•
The tenant fails to respond to the notice of damages as required.
•
Both parties agreed in writing about the status of the of the security deposit.
•
The amount claimed is equal to any portion of unpaid rent.
The landlord is responsible
responsible for the security deposit until any of these actions take place:
• The landlord transfers the deposit to the new landlord and gives written notice to the
tenant of the action taken along with the new landlord’s name and address.
•
The new landlord complies with the required security deposit notice to the tenant.
• The landlord returns the security deposit to the tenant.
19
CLEANING DEPOSIT
A cleaning deposit is not a security deposit. It is an amount of money paid by the tenant
at the beginning of the tenancy and used by the landlord to clean the premises before
the tenant moves in. A cleaning deposit is not required by law and is not refundable. In
addition, a cleaning deposit cannot be collected as part of a security deposit, but may be
collected as a separate fee.
INVENTORY CHECKLIST
If the landlord requires a security deposit, an inventory checklist must be used when the
tenant takes possession of the rental unit and again when the tenant moves out.
At the time the tenant moves into the rental unit, the landlord must give the tenant two
(2) blank copies of the inventory checklist. The tenant must complete the inventory
checklist by taking note of the condition of the renal property and then return one (1)
copy of the checklist to the landlord within seven (7) days after moving into the rental
unit. The inventory checklist must contain the following notice in 12-point boldface type
at the top of the first page:
“YOU SHOULD COMPLETE THIS CHECKLIST, NOTING THE CONDITON OF THE
RENAL PROPERTY, AND RETURN
RETURN IT TO THE LANDLORD WITHIN 7 DAYS AFTER
OBTAINING POSSESSION OF THE RENTAL UNIT. YOU ARE ALSO ENTITLED TO
REQUEST AND RECEIVE A COPY OF THE LAST TERMINATION INVENTORY
CHECKLIST WHICH SHOWS WHAT CLAIMS WERE CHARGEABLE TO THE LAST PRIOR
TENANT”
At the time the tenant moves from the rental unit the landlord must complete a
termination inventory checklist, listing all the damages claimed to be caused by the
tenant.
SCHEDULE FOR RETURN OF SECURITY DEPOSIT
WITHIN FOUR (4) DAYS OF MOVING: The tenant notifies the landlord, in writing, of
the new forwarding address where the security deposit should be mailed.
WITHIN THIRTY (30) DAYS: After the tenant moves the landlord mails the tenant an
itemized list of damages plus a check for the balance of the security deposit.
WITHIN SEVEN (7) DAYS: If the tenant, after receiving the itemized list of damages, is in
disagreement with the amount withheld for damages, the tenant must write a letter to
the landlord stating this disagreement.
(Continued on next page.)
20
(SCHEDULE FOR RETURN OF SECURITY DEPOSIT Continued)
WITHIN FORTYFORTY-FIVE (45) DAYS: After the tenant has moved out, the landlord must
either return the security deposit or start court action to claim the amount disputed.
AFTER FORTYFORTY-FIVE (45) DAYS: If the landlord has not returned the disputed amount of
the security deposit, or started court action, the tenant may begin court action and claim
double the amount disputed.
NOTICE OF DAMAGES
If the landlord claims the tenant damaged the rental unit and the landlord has a claim
against the security deposit, the landlord must mail to the tenant within thirty (30) days
of moving an itemized list of damages including the estimated cost of each repair for
each property damaged item. The list, or notice of damages, must be accompanied by a
check or money order for the difference between the damages claimed and the amount
held by the landlord. The notice of damages must include the following statement in 1212point type:
“YOU MUST RESPOND TO THIS NOTICE OF DAMAGES BY MAIL WITHIN 7 DAYS
AFTER RECEIPT OF THE SAME, OTHERWISE YOU WILL FORFEIT THE AMOUNT
CLAIMED FOR DAMAGES.”
If the landlord fails to comply with the notice of damages requirement within thirty (30)
days after the tenant moves, it is considered that the landlord is in agreement that no
damages are due and must return the full security deposit to the tenant.
If the tenant fails to notify the landlord, in writing, within four (4) days after moving of
the forwarding address where mail may be received or the tenant can be reached, the
landlord is relieved of the requirement to mail the tenant a notice of damages. This does
not affect the tenant’s claim to the security deposit.
Upon receipt of the notice of damages, the tenant must respond in writing within seven
(7) days if the tenant disagrees with the list of damages.
If the tenant notifies the landlord of the disagreement, in writing, within seven (7) days
after receiving the notice of damages, the landlord must begin action in court within
forty-five (45) days after termination of the tenant’s occupancy for a money judgement
for damages claimed. Failure to comply with this requirement will cause the landlord to
waive all claimed damages and will make the landlord liable to the tenant for double the
amount of the security deposit withheld.
21
EVICTIONS
There are two types of evictions, each providing for different time periods before the
court action can be initiated. Both kinds of evictions require that a “NOTICE TO QUIT”
be given to the tenant in writing to be valid. Standard eviction forms are available at the
District Court.
Seven (7) Day Notice to Quit
The landlord may serve the tenant with a Seven (7) Day “Notice to Quit” if the tenant is
late in paying rent, causing a serious and continuous health hazard and or extensive
physical damage to the landlord’s property. This means the tenant has seven (7) days
from receiving the eviction notice, to either pay the rent owed, remove the health
hazard, repair the damages, or move.
If after seven (7) days have passed and the tenant has not moved, paid the back rent, or
stopped whatever damage was done to the rental unit, the landlord must have a copy
of the notice to quit notarized and filed with the court. The eviction notice does not
have to be notarized until the landlord decides to file for court action. The landlord is
not required to notarize the tenant’s eviction notice.
Once the landlord files the notice to quit with the court, the landlord will file complaint
and summons forms to be served to the tenant.
The seven (7) day Notice to Quit becomes void or is cancelled whenever the tenant pays
the rent owed, removes the health hazard, or repairs the damage.
Termination of Tenancy – Notice to Quit
In Michigan, a landlord can evict a tenant for any reason if there is no written lease, or
the lease has expired. A landlord may evict as long as the landlord gives the tenant
“proper notice”, and follows the correct eviction and court procedures. Proper notice is
an amount of time equal to how often the tenant pays rent. For example, if the tenant
pays rent every thirty (30) days, then a thirty (30) day Notice to Quit is required. If the
rent is paid every fourteen (14) days, a fourteen (14) day Notice to Quit is required, etc.
An exception may apply to vendor payments made by the F.I.A., Family Independence
Agency. In these cases, a thirty (30) day Notice to Quit may be required to serve as
proper notice.
Once a landlord files the notarized Notice to Quit with the court, the landlord must file a
complaint and summons to be served to the tenant. The complaint will inform the
tenant of the reason for eviction and the summons will tell the tenant the date and time
the tenant must appear in court.
22
EVICTION EXAMPLE #1
NOTICE TO QUIT FOR NON -PAYMENT OF RENT – SEVEN (7) DAYS
Steps:
1. The landlord serves the tenant with a Seven (7) Day Notice to Quit for non-payment
of rent.
2. If the seven (7) days expire and the tenant has not paid rent owed, the landlord
notarizes the copy of the Notice to Quit and files it with the District Court. If the
tenant pays the rent owed in full prior to the expiration of the seven (7) days, the
notice will become void or cancelled.
3. If the Notice to Quit is not cancelled the landlord files complaint and summons forms
with the court.
4. The court serves the complaint and summons to the tenant. The complaint gives the
tenant the reasons for the eviction and the summons informs the tenant of the date
and time to appear in court.
5. A court hearing is held. If the tenant wins the case or pays the rent owed, the tenant
remains in the rental unit. If the tenant loses, the tenant will be given ten (10)
additional days to pay the past due rent and court costs or vacate the premises.
6. If the additional ten (10) days expire and the tenant has not paid the rent owed or
vacated the premises, the landlord may file a Writ of Restitution with the court to
regain possession of the rental unit.
7. Once the landlord files the Writ of Restitution, the court will direct a court appointed
officer to serve the Writ of Restitution to the tenant and restore full possession of the
premises to the landlord.
EVICITON EXAMPLE #2
NOTICE TO QUIT FOR TERMINATION OF TENANCY – THIRTY (30) DAYS
Steps:
1. The landlord serves the tenant with a thirty (30) day Notice to Quit to Terminate
Tenancy. If the tenant has a lease, a reason must be given for the eviction. If there is
no lease, the landlord is not required to give a reason for eviction.
2. If the tenant does not move by the time the thirty (30) days expire, the landlord must
notarize the copy of the Notice to Quit and file it with the District Court. If the
landlord accepts rent money for any period after the Notice to Quit expires, the
eviction becomes void and the process must be started all over again.
(Continued on next page.)
23
(EVICTION EXAMPLE #2 Continued)
3. The landlord files complaint and summons forms with the court.
4. The court serves the complaint and summons to the tenant. The summons tells the
tenant the date and time to appear in court and the complaint informs the tenant of
the reasons for the eviction.
5. A court hearing is held. If the tenant shows why they should not be evicted because
of an illegal eviction and the tenant wins, the tenant may remain in the rental unit. If
the tenant loses, the tenant will be given an additional ten (10) days to move.
6. If after the ten (10) days expire and the tenant has not moved, the landlord may file a
Writ of Restitution with the court to regain possession of the rental unit.
7. Once the Writ of Restitution is filed, a court appointed officer will serve the Writ of
Restitution to the tenant and restore full possession of the premises to the landlord.
ILLEGAL EVICTIONS
There are three (3) instances when evictions are illegal:
1. It is illegal to evict someone for discrimination on the basis of religion, race, color,
national origin, sex, age, disability, marital status, family status or source of income.
2. When the eviction is a retaliatory action against the tenant, Michigan’s Retaliatory
Eviction Law protects a tenant from eviction when the eviction is in retaliation for
reporting housing code violations, or in retaliation for taking advantage of legal rights
afforded under the law.
3. It is illegal for a landlord to forcibly throw tenants or their belongings out of the
rental unit, even if the tenants are late in paying rent. A tenant can be physically
evicted only by a law enforcement official under a court order. A court order may
be issued only after the ten (10) days the law gives the tenant to move have passed.
The tenant has until midnight on the tenth (10th) day to move. Only then can a court
appointed officer come and remove the tenant and possessions from the rental unit.
If the landlord illegally evicts the tenant, the tenant has the right to regain access to
the premises. The tenant should call the police to inform them of the attempt to
regain access to avoid charges of breaking and entering. In regaining entry, the
tenant may be responsible for damages to the property. (Continued on next page.)
(3. Continued on next page)
24
(ILLEGAL EVICITIONS - Three (3) instances when eviction is illegal, continued)
3. (Continued) Any tenant whose possession of the rental unit has been unlawfully
interfered with by the landlord, is entitled to recover the amount of actual damages
or $200, whichever is greater, for each occurrence. Where possession has been lost,
the tenant is entitled to recover possession and three (3) times the amount of actual
damages or $200, whichever is greater. Unlawful interference with possession
includes:
• The use of force or threat.
•
The removal, retention, or destruction of the personal property of the tenant.
•
A change, alteration or addition to the locks, or other security devices on the
property without providing keys to the tenant in possession.
•
The boarding up of the premises which prevents or deters entry.
•
The removal of doors, windows, or locks.
•
The termination or interruption of a service, including heat, running water, hot
water, electric, or gas, which is so essential that its termination or interruption would
constitute a constructive eviction.
•
Introduction of noise, odor, or other nuisance.
The above will not apply where the landlord can establish the following:
•
The landlord’s action was in accordance with a court order.
•
Temporary interference of possession was only necessary to make needed repairs or
inspection and, only provided by law.
•
It is believed in good faith, that the tenant has abandoned the premises, and after
diligent inquiry has reason to believe the tenant did not intend to return, and current
rent was not paid.
EVICTION FROM PUBLIC HOUSING
Under Michigan Public Act 267 of 1968, a tenant living in public housing may only be
evicted for “just cause”. There must be good reason for the eviction, such as breaking
the lease or non-payment of rent. Without a good reason for an eviction, the tenant
may remain in the public housing renal unit.
25
SMALL CLAIMS COURT
If a tenant owes money to the landlord or, the landlord owes money to the tenant and
there is a disagreement on the amount owed, a small claims suit can be filed in the Small
Claims Division of the District Court for up to $3,000 without hiring an attorney.
Since attorneys are not needed, simply state the facts of the case, submit appropriate
evidence, and present witnesses if any. After both sides have had an opportunity to be
heard, the judge will make a decision which cannot be appealed to a higher court.
If the person being sued wants to reserve the right to have legal representation and the
right to appeal the judge’s decision, then the person being sued may request, prior to the
small claims hearing, that the case be heard in a higher court. If this request is made, the
Small Claims Division will refer the case to the Civil Court Division and a new trial date
will be set.
A brochure outlining details on how to file a small claims suit may be obtained at the
District Court.
LAWS THAT APPLY TO TENANTS AND LANDLORDS
•
•
•
•
•
•
•
•
•
•
•
•
•
•
City of Holland Fair Housing Ordinance
City of Holland Housing Codes
Elliot-Larsen Civil Rights Act NO. 453, Public Acts of 1976 as amended
Michigan Handicappers’ Civil Rights Acts No. 220, Public Acts of 1976 as amended
Title VIII of the Civil Rights Acts of 1968 as amended by the Fair Housing Amendment
of 1988
Truth in Renting Act No. 454, Public Acts of 1978. MCLS: 5544.631
Security Deposit Act No. 348, Public Acts of 1972. MCLS: 554.601, MSA 26.1138
Eviction Act No. 300, Public Acts of 1976, MSA 5.2891
Unlawful Evictions Act 236, Public Acts of 11961 as amended MCLA: 600.2918
Retaliatory Evictions Act 220, Public Acts of 1972. MCLS: 600.5720
Covenant of Fitness for Use, Revised Code of 1846 as Amended.. MCLS: 554.139,
MSA 26.1109
Summary Proceeding Act. MSA 27.5701
Consumer Protection Act. MSA 19.418
Mobil Home Commission Act, Public Acts of 1976 as amended.
26
APPENDIX I: SAMPLE APPLICTION TO RENT
APPLICANT ______________________________ SOCIAL SECURITY # _________________
ADDRESS ________________________________ TELEPHONE # ( ) __________________
CITY ____________________________________ STATE _______ ZIP CODE ____________
NUMBER OF PERSONS TO OCCUPY THE RENTAL UNIT __________________________
CURRENT LANDLORD ________________________________________________________
ADDRESS ___________________________________ TELEPHONE # ( ) ______________
CITY _______________________________________ STATE ______ ZIP CODE ___________
EMPLOYER _________________________________ TELEPHONE # ___________________
ADDRESS ___________________________________ # OF YEARS EMPLOYED ___________
CITY _______________________________________ STATE ______ ZIP CODE __________
EMPLOYER OF SPOUSE/ROOMMATE ___________________________________________
ADDRESS ___________________________________ # OF YEARS EMPLOYED ___________
CITY _______________________________________ STATE ______ ZIP CODE ___________
OTHER SOURCES OF INCOME _________________________________________________
TOTAL MONTHLY INCOME ___________________________________________________
THREE (3) CREDIT REFERENCES:
1. ______________________________________ TELEPHONE # ( ) ___________________
2. ______________________________________ TELEPHONE # ( ) ___________________
3. ______________________________________ TELEPHONE # ( ) ___________________
NUMBER OF VEHICLES OWNED ________________________________________________
YEAR
MAKE
MODEL
COLOR
LICENSE #
______________________________________________________________________________
______________________________________________________________________________
DRIVER’S LICENSE NUMBER _________________________________ STATE ___________
The above information is true, and I authorize its use for credit and reference
information.
______________________________________________________________________________
APPLICANT’S SIGNATURE
DATE
27
APPENDIX II: SAMPLE LETTER - REQUEST FOR REPAIRS
DATE: ______________________________________
TO: ______________________________________
FROM:______________________________________
RE: REQUEST FOR REPAIRS
I informed you verbally on (date) ________________________ that my rental unit needed
several repairs. Since you have not responded to my previous request, I am taking this
opportunity to advise you, in writing, of the necessary repairs.
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
I expect that you will make these repairs as soon as possible. However, if these repairs
are not completed within two (2) weeks, I will consider the following options: withhold
rent and place it in an escrow/savings account until repairs are made; and/or request an
inspection by the City of Holland’s Environmental & Health Inspections Department to
enforce the housing code.
I expect that you will respond to my request.
Sincerely,
Signature
Rental Address
28
APPENDIX III: SAMPLE LETTER - WITHHOLDING RENT FOR REPAIRS
DATE: ______________________________________
TO: ______________________________________
FROM:______________________________________
RE: WITHHOLDING RENT FOR REPAIRS
I informed you in a letter on (date) ________________________ of the need for repairs
to my rental unit. Since you have not responded to my request for repairs, I have taken
further action.
I have opened and escrow/savings account at ___________________________ bank/credit
union, and will deposit my rent in this account until repairs are completed. Once repairs
are completed, I will forward to you all rent due. Should you wish to discuss this further
please contact me at ___________________________________________________________.
It is my hope that we can settle this matter in a satisfactory manner.
Sincerely,
Signature
Rental Address
29
APPENDIX IV: SAMPLE LEASE OR RENTAL AGREEMENT
1. PARTIES
The parties in this agreement are _________________________ hereinafter called
“Property Owner”, and ____________________________ hereinafter called “Tenant”.
2. PROPERTY
Property Owner hereby lets the following property to Tenant for the term of this
agreement: (a) the property located at _______________________________________ and
(b) the furniture and appliances on said property as may be indicated in the Rental
Inventory Checklist.
3. TERM
The term of this agreement shall be for ___________________ beginning on
__________________ and ending on ___________________________.
4. RENT
The rental amount for said property shall be $ _______________ per ______________ due
and payable in the following manner _____________________________________.
5. UTILITIES
Utilities shall be paid by the party indicated in the following chart:
UTILITY
LANDLORD
TENANT
Electricity
Gas
Water & Sewage
Garbage Collection
Rubbish Removal
Other
7. SECURITY
SECURITY DEPOSITS
If a security deposit is required, Tenant shall pay Property Owner upon execution of this
agreement, a security deposit, not to exceed 1 ½ month rent of $ ______________ which
is the property of the Tenant. Said deposit may be applied by Property Owner toward
reimbursement for any damages caused beyond normal wear and tear.
(CONTINUED ON NEXT PAGE)
30
(SAMPLE LEASE OR RENTAL AGREEMENT Continued)
8. PROPERTY OWNER’S OBLIGATION TO REPAIR AND MAINTAIN
Property Owner shall maintain the rental unit and premises thereof in a decent, safe, and
sanitary condition in compliance with all state, federal, and local laws and ordinances.
Upon Property Owner’s failure to comply after reasonable request by the Tenant,
Tenant may complain to proper governmental authority.
If repairs are needed to comply with this paragraph, Property Owner specifically agrees
to complete the following repairs within _____________ days ________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
9. FAILURE TO PAY RENT
Rent is to be paid by Tenant to the Property Owner on or before the due date. If the
Tenant fails to pay the rent when due, Property Owner will serve a Seven (7) Day
Notice to Quit to pay rent, or vacate the premises as provided by Michigan Law.
10. NOTICES
Notices, or rent receipts provided by this agreement or notices required by the Truth in
Renting Act must be in writing. They shall be given to the other party as follows: To the
Tenant at the premises __________________________Phone ( ) _____________________
To the Property Owner at ____________________________Phone ( ) ________________
Both parties may contact each other at reasonable hours to discuss problems arising from
this agreement and adherence thereof.
“NOTICE:
MICHGIAN LAW ESTABLISHES RIGHTS AND OBLIGATIONS FOR PARTIES TO RENTAL
AGREMENTS. 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 IN THIS AGREEMENT, YOU MAY WANT TO SEEK
ASSISTANCE OF AN ATTORNEY, OR OTHER QUALIFIED PERSON.”
Any changes, additions, or deletions from conditions of this agreement must be mutually
agreed upon in writing.
______________________________________________________________________________
TENANT SIGNATURE
DATE
PROPERTY OWNER SIGNATURE
DATE
(ADDITIONAL TERMS AND CONDITIONS ON NEXT PAGE)
31
APPENDIX V: ADDITONAL TERMS AND CONDITIONS
11. COMPLIANCE WITH THE SECURITY DEPOSIT ACT
Property Owner shall give Tenant two (2) blank copies of a rental inventory checklist
which must be completed by the Tenant within seven (7) days after moving in. Tenant
must keep a copy and send copy to the Property Owner.
A notice to Tenant (Commencement of Tenancy) must be provided by the landlord and
shall include the following:
”The security deposit required of you will be deposited in the following regulated
financial institution __________________________________________” and
“NOTICE TO TENANT: YOU MUST NOTIFY YOUR LANDLORD, IN WRITING,
WITHIN 4 DAYS AFTER YIOU MOVE OF A FORWARDING ADDRESS WHERE YOU
CAN BE REACHED AND WHERE YOU WILL RECEIVE MAIL; OTHERWISE YOUR
LANDLORD WILL BE RELIEVED OF SENDING YOU AN ITEMIZED LIST OF DAMAGES
AND THE PENALTIES ADHERENET TO THAT FAILURE.”
Note: Failure to notify of a forwarding address does not effect the tenant’s claim for the
security deposit.
The Property Owner shall send Tenant a list of damages, the cost of repair for each item,
and a check to cover the balance within thirty (30) days after the Tenant moves out or
the landlord may begin court action within forty-five (45) days after the tenant moves
out. If this is not done, Property Owner automatically agrees that the Tenant is entitled
to the full security deposit.
Tenant must notify the Property Owner within seven (7) days after receiving the list of
damages, whether the Tenant agrees with the damages cited or not. Failure to respond
constitutes agreement by Tenant to damages listed. If agreement cannot be reached,
Property Owner must sue Tenant for damages within forty-five (45) days after Tenant
has moved out. Failure to do so makes the Property Owner liable to the Tenant for
double the amount of the deposit.
12. USE OF PROPERTY
Tenant shall use the property for residential purposes except for incidental use in business
or trade so long a such incidental uses do not violate local zoning laws or effect Property
Owner’s ability to obtain fire or liability insurance. Tenant shall not disturb the other
tenants in a multiple unit building so as to interfere with their peace and quiet enjoyment
of the premises.
(CONTINUED ON NEXT PAGE)
32
(SAMPLE LEASE OR RENTAL AGREEMENT - ADDITIONAL TERMS AND CONDITIONS
Continued)
13. TENANT’S DUTY TO MAINTAIN PREMISES
Tenant shall dispose of all rubbish and garbage in a clean and sanitary manner by placing
it in the designated rubbish and garbage facilities. Tenant shall keep the unit in a clean
and sanitary condition, and shall otherwise comply with all state and local laws requiring
tenant to maintain rental premises. If damage to the dwelling, other than normal wear
and tear, is caused by acts of neglect by the Tenant and his guests, tenant shall repair such
damage at own expense. Upon, Tenant’s failure to make such repairs, after reasonable
written notice by the Property Owner, Property Owner may cause such repairs to be
made and the tenant shall be liable to Property Owner for any reasonable expense
thereby incurred by Property Owner.
14. ALTERATIONS
No alterations, additions, or improvements that would cause Property Owner to incur
costs to restore the unit to original condition prior to this tenancy, normal wear and tear
expected, shall be made by Tenant in or to the dwelling unit without prior written
consent of Property Owner. Such consent shall not be unreasonably withheld.
15. NOISE
Tenant agrees not to allow on the premises any excessive noise or other activity which
unduly disturbs the peace and quiet of other tenants in the building. Property Owner
agrees to insure said right.
16. INSPECTION BY PROPERTY OWNER
Property Owner or his agent may enter the dwelling unit with permission from the
Tenant during reasonable hours only for the following purposes: to inspect to see if
Tenant is complying with said agreement; to make repairs; and to exhibit the unit to
perspective purchasers, mortgages, and tenants. Such requests for entry shall not be so
frequent as to seriously disturb Tenant’s peaceful enjoyment of the premises. Such entries
shall take place only with prior consent of Tenant, which consent shall not unreasonably
be withheld.
If however, the Property Owner reasonably believes that any emergency such as a fire
exists which requires an immediate entry, such entry may be made without the Tenant’s
consent. If such an emergency occurs, Property Owner shall, within two (2) days
thereafter, notify Tenant of the date, time, and purpose of such entry.
Inspections by the Property Owner shall be conducted in accordance with the terms
contained within the lease or rental agreement.
(CONTINUED ON NEXT PAGE)
33
(SAMPLE LEASE OR RENTAL AGREEMENT – ADDITIONAL TERMS AND CONDITIONS
Continued)
17. TEMINATION OF TENANCY
If either party wishes to terminate the rental relationship at the end of the agreement,
they must notify the other party in writing, at least thirty (30) days before the agreement
is due to expire. Upon termination of this agreement, Tenant shall vacate the premises,
remove all personal property belonging to them and leave the premises as clean as they
found it, normal wear and tear expected. If Tenant holds over upon termination of this
lease, and Property Owner accepts Tenant’s tender of the rent provided by this lease, this
lease shall continue to be binding on the parties as a rental period to rental period
agreement. Substantial violations of any provision included therein may constitute
grounds for termination of the lease by either party. Upon thirty (30) days written
notice, tenant may terminate this lease to accept employment in another community, or
to enter active service with the U. S. military services.
18. SUBLEASING
Tenant shall not assign this lease or sublet the dwelling unit without written consent from
Property Owner. Such consent shall not be withheld without good reason relating to the
prospective Tenant’s ability to comply with the provisions of this lease. This paragraph
shall not prevent the Tenant from accommodating guests for reasonable periods of time
(2 to 3 weeks); any other arrangements must be approved in writing by Property
Owner.
19. LEASE CHANGES
No changes, additions, or deletions from conditions of this agreement shall take effect
during the term of this agreement unless a thirty (30) day written advance notice is given
to the Tenant and mutually agreed upon in writing.
________________________________________
PROPERTY OWNER SIGNATURE
_________________
DATE
________________________________________
TENANT(S) SIGNATURE
_________________
DATE
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APPENDIX VI: NOTICE OF SECURITY DEPOSIT
Michigan Public Act 348 of 1972 states: “A landlord shall not require a Security Deposit
unless he/she 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
communication 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
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.”
“YOU MUST NOTIFY YOUR LANLDORD IN WRITING WITHIN 4 DAYS AFTER YOU
MOVE OF A FORWARDING ADDRESS WHRE YOU CAN BE REACHED AND WHERE
YOU WILL RECEIVE MAIL; OTHERWISE YOUR LANDLORD SHALL BE RELIEVED OF
SENDING YOU AN ITEMIZED LIST OF DAMAGES AND THE PENALTIES ADHERENT
TO THAT FAILURE.”
This notice must be completed by the landlord and presented to the tenant(s) within
fourteen (14) days from the date a tenant assumes possession of a rental unit and must
contain the following information.
NAME OF TENANTS: __________________________________________________________
ADDRESS OF RENTAL UNIT: ___________________________________________________
I have received a security deposit in the amount of $ __________________ which shall
not exceed 1 ½ months rent that is the property of the tenants. The security deposit has
been deposited at: Financial Institution: _________________________________________
Address ______________________________________________________________________
Or surety bond has been posted with ____________________________________________
Bond number_____________________
LANDLORD _______________________________________DATE ______________________
ADDRESSS ____________________________________________________________________
35
APPENDIX VII: BEGINNING AND ENDING INVENTORY CHECKLIST FORM
“YOU SHOULD COMPLETE THIS CHECKLIST NOTING THE CONDTION OF THE
RENTAL PROPERTY AND RETURN IT TO THE LANDLORD WTHIN 7 DAYS AFTER
OBTAINING POSSESSION OF THE RENTAL UNIT. YOU ARE ALSO ENTITLED TO
REQUEST AND RECEIVE A COPY OF THE LAST TERMINATION INVENTORY
CHECKLIST WHICH SHOWS WHAT CLAIMS WERE CHARGEABLE TO THE LAST PRIOR
TENANTS.”
Immediately after occupancy arrangements should be made for a joint inspection of the
rental unit. Immediately after the premises are vacated, a second joint inspection should
be made and the condition of the premises agreed upon again.
ROOM
ITEM
Kitchen
BEGINNING
CONDITION
ENDING
CONDITION
Floor
Walls
Ceilings
Stoves
Refrigerator
Sink
Countertops
Cabinets
Windows
Others
Living Room
Floor
Walls
Ceiling
Windows
Other
Bathroom
Floor
Walls
Toilet
Shower
Tub
Windows
Other
(CONTINUED ON NEXT PAGE)
36
(INVENTORY CHECKLIST CONTINUED)
ROOM
ITEM
Bedroom #1
BEGINNING
CONDITION
ENDING
CONDITION
Floor
Walls
Ceiling
Closets
Windows
Other
Bedroom #2
Floor
Walls
Ceiling
Closets
Windows
Other
Bedroom #3
Floor
Walls
Ceiling
Closets
Windows
Other
FURNISHING (Use this when furniture is included with the unit.)
Sofa(s)
Bed(s)
Chair(s)
Dresser(s)
Desk(s)
Lamp(s)
Table(s)
Other
TENANT SIGNATURE _______________________________________DATE _____________
ADDRESS OF RENTAL UNIT ____________________________________________________
LANDLORD SIGNATURE ___________________________________DATE ______________
LANDLORD’S ADDRESS ________________________________________________________
LANDLORD’S PHONE NUMBER ____________________________
NAME & ADDRESS OF BANK WHERE THE SECURITY DEPOSIT IS KEPT: _____________________________
_______________________________ OR, THE SECURITY DEPOSIT HAS BEEN SECURED BY A CASH
BOND, DEPOSITED WITH THE SECRETARY OF STATE.
37
APPENDIX VIII: SAMPLE LETTER - RETURN OF SECURITY DEPOSIT (30 DAYS)
DATE: ______________________________________
TO:
______________________________________
FROM:______________________________________
RE: RETURN OF SECURITY DEPOSIT (30 DAYS)
It has been thirty (30) days since I moved from your rental unit. You have not returned
my deposit or given me a list of claimed damages during this period.
Since you have failed to comply with the Michigan Security Deposit Law, I am entitled to
take you to court and sue for twice the amount of my deposit.
Unless you return my security deposit, in full within one (1) week, I will proceed with
court action. Please mail deposit to the following address:
______________________________________________
______________________________________________
______________________________________________
I expect to hear from you soon.
Sincerely,
38
APPENDIX IX: SAMPLE LETTER – RETURN OF SECURITY DEPOSIT (45 DAYS)
DATE: ______________________________________
TO:
______________________________________
FROM:______________________________________
RE: RETURN OF SECURITY DEPOSIT (45 DAYS)
It now has been forty-five (45) days since I moved from your rental unit, and you have
not returned my security deposit, given me a list of claimed damages, or taken me to
court to retain my deposit.
I would appreciate the return of my deposit within one (1) week. If I do not hear from
you in that time, I will take you to court for twice the amount of my deposit, as allowed
by the Michigan Security Deposit Law.
Please mail deposit to the following address:
______________________________________________
______________________________________________
______________________________________________
I expect to hear from you soon.
Sincerely,
39
APPENDIX X: NOTICE OF DAMAGES OR OTHER OBLIGATIONS AGAINST SECURITY
DEPOSIT
The Michigan Public Act 348 of 1972 states: Failure by the landlord to submit a notice of
damages within thirty (30) days after termination of occupancy constitutes an agreement
by the landlord that no damages are due and he shall remit to the tenant immediately
the full security deposit. If both parties cannot reach an agreement as provided for in the
“Notice of Damages”, the landlord must initiate court action within forty five (45) days
from the date of termination. Failure to do this subjects the landlord to double the
unreturned amount of the security deposit.
ITEM DESCRIPTION OF DAMAGES OR OTHER CHARGES
TOTAL AMOUNT OF CHARGES
COST
$
$
$
$
$
$
Tenant’s Name: _____________________________________________
Forwarding Address: ___________________________________________________________
Amount of Security Deposit $ _______________________ Total Charges $ _____________
Balance due Tenant, $ ______________________, or balance due Landlord $ ___________
“TENANT MUST RESPOND BY MAIL TO THIS NOTICE WITHIN 7 DAYS AFTER
RECEIPT OF THE SAME, OTHERWISE, YOU WILL FORFEIT THE AMOUNT CLAIMED
FOR DAMAGES.” (Certified or receipt of mailing suggested.)
Landlord’s Name: _________________________________________
Landlord’s Signature: ______________________________________ Date: ______________
Address ______________________________________________________________________
40
APPENDIX XI: SAMPLE LETTERLETTER- DISPUTE OF CLAIMED DAMAGES
DATE: __________________________________
TO: ____________________________________
FROM: _________________________________
RE: DISPUTE OF CLAIMED DAMAGES
I wish to inform you that I am not in agreement with your list of damages regarding my
former rental unit for the following reasons:
REASON FOR DISPUTE
1.
2.
3.
4.
5.
TOTAL AMOUNT OF CHARGES
AMOUNT
$
$
$
$
$
$
If you decide not to return the disputed amount of my deposit or file suit within the
required forty-five (45) days, I will proceed to file suit for twice the amount of the
unreturned deposit.
You may send the disputed amount to the following address:
_________________________________________
_________________________________________
_________________________________________
Sincerely,
41
APPENDIX XII: SAMPLE LETTER - NOTIFICATION OF FORWARDING ADDRESS
DATE: _________________________________________
TO: __________________________________________
FROM: ________________________________________
RE: NOTIFICATION OF FORWARDING ADDRESS
This letter is to inform you of my forwarding address. Please send my security deposit
and a list of any damages claimed to:
______________________________________.
Sincerely,
43
APPENDIX XIII: TENANT & LANDLORD RESOURCE DIRECTORY
City of Holland Human Relations Department
355355- 1328
Investigates cases of discrimination on the basis of religion, race, color, national origin,
age, sex, height, weight, marital/familial status, disability, or legal income source.
Provides landlord/tenant and fair housing practices information.
Environmental Health & Inspections Department
355355- 1330
Conducts rental housing inspections and rental certification program and enforces
Property Maintenance Code.
City
City of Holland Community Development
355355- 1369
Coordinates Home Repair, Emergency Repair, and the Rental Rehab Programs.
Ottawa County Community Action
Action Agency
393393-5697
Implements Home Ownership, Weatherization, Home Purchase with Rehab. Programs.
Community Action House
392392-2368
Conducts Home Ownership Classes, Homeless Prevention, Down payment Assistance.
County District Courts:
58thth District, Ottawa
Ottawa County – Holland
392392-6991
th
th
57 District, Allegan County – Allegan
673673- 0400
Resolves legal claims filed by landlords and tenants regarding security deposits, damage
claims, and evictions.
County Health Departments:
Ottawa County (Environmental) Health Dept
Allegan County (Environmental) Health Dept
Inspects health hazards and enforces environmental health codes.
LEDA Fair Housing Center for Ottawa County - Hotline:
Takes housing discrimination complaints.
393393-5645
673673-5415
546546-3196
Michigan Departm ent of Civil Rights
(616) 356356-0380
Investigates cases of discrimination on the basis of religion, race, color, national origin,
age, sex, height, marital status, familial status, and disability.
Housing and Urban Development
(810)
810) 766766-5112
Investigates cases of housing discrimination on the basis of religion, race, color, national
origin, age, sex, marital status, familial status, and disability.
Center for Dispute Resolution
399399- 1600
Mediates disputes and helps work out solutions to Tenant and Landlord problems.
44