Posted by Renee on April 11, 2001 at 05:37:22:
In Reply to: Re: not paying rent posted by deb on April 11, 2001 at 02:49:41:
Michigan law is written to state that in addition to first month's rent, landlord may take no more than 1.5 month's rent. So you have a choice of using it as security or as last month's rent. If you ever had to replace 2500 square feet of carpet because someone decided to spot clean the rug with bleach before they moved out - you'd understand the importance of security as security. However, the law also provides for quick recourse to non-paying tenants. This is the better way to go to make sure that you are covered on both ends before the tenant even vacates the premises. You have no idea what damages have been done until the furniture is removed and once such a tenant has moved and leaves no forwarding address, it would be imposible to file a lawsuit for the balance of damages.
If a tenant has a problem with a landlord, the state also provides remedies as do all states' laws. Trying to circumvent the law for your own good is never the way to go. The point is that there are ways to do things that are according to the laws of the state and when you don't follow those rules, you get in trouble. Its not right when a landlord does it and its not right when a tenant does it.
The situation here is that this person's lease probably had wording that required availability of the home for showings in the event of a sale. If she did not make the apartment available five out of six times, there was definitely a problem here in which she breached her lease if she was given the required notice. She did not have to be there or she could have had a friend at the home if she felt uncomfortable not being present. A sale would normally not affect her tenancy as the new owners would assume the reponsibility for the lease. I wanted her to know to avoid the problem of writing a year from now stating that she cannot get an apartment because she has this blemish on her credit report because there is a distinct possibility that it may appear there and remain for many years. Perhaps she can borrow the last month's rent and return it when she received her deposit, Visa cash advance, have a garage sale, etc. I have resorted to many similar things in my life when in a cash crunch that gets me through. Lord knows how many times I used overdraft protection on my checking account to meet bills so its not like I don't know what its like. I've lived (and rented) all over the country and most laws are quite similar.
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