Landlord/Tenant Law in Madison Heights

**epiphany** · April-30-11, 07:04 AM

If you recently started renting a house and received a notice from the city that your property was being illegally rented [[without a license or city inspection) are you entitled to your security deposit if you wish to move? I am aware of numerous code violations which will need to be corrected, and I believe that it will be difficult for me to stay here if the city of Madison Heights requires that all of these code violations be corrected. Aside from many small problems, we also have electrical issues. Because of this, we will likely need to move while the house is brought up to code. Am I legally entitled to my security deposit? According to what I am reading, in Madison Heights a landlord is not even allowed to post a place for rent until they have received their license and inspection.

**Blueidone** · April-30-11, 07:22 AM

Here is a booklet that is available online from the State of Michigan. IMHO you would be entitlted to your security deposit back under the stated circumstances. This area is governed by State law, not local [[Madison Heights). There is what is called a "Truth in Renting" Act in Michigan which governs such things. Hope this helps.

http://www.legislature.mi.gov/docume...ntlandlord.pdf

**Danny** · April-30-11, 08:49 AM

The Landlord tenent law in some suburban cities were created to keep property values in the certian neighborhood from becoming a low-income ghettoes! Property values in most suburban neighborhoods had be up to code. Otherwise, penalties or a sudden lien of your property may loom. Landlords are not allowed to rent homes in the suburbs until they meet certian property code requirements:

1. The home must be inspected by the city and HUD.

2. If the home is at a local sub-division. The landlord have to negotiate with the certain block club association and read its policies.

3. The Landlord's tenents responsibities is to keep up with the property, pay certian association fees and taxes.

4. The tenents must have a certian amount of income. Landlords can check your credit rating. [[ Not to mention your personality and the color of your skin!) Then the house, condo, co-op project is all yours.

WORD FROM THE STREET PROPHET

Because the home is where the heart is for Neda's sake.

**Blueidone** · April-30-11, 08:59 AM

[QUOTE=Danny;242387]The Landlord tenent law in some suburban cities were created to keep property values in the certian neighborhood from becoming a low-income ghettoes! Property values in most suburban neighborhoods had be up to code. Otherwise, penalties or a sudden lien of your property may loom. Landlords are not allowed to rent homes in the suburbs until they meet certian property code requirements:

1. The home must be inspected by the city and HUD.

2. If the home is at a local sub-division. The landlord have to negotiate with the certain block club association and read its policies.

3. The Landlord's tenents responsibities is to keep up with the property, pay certian association fees and taxes.

4. The tenents must have a certian amount of income. Landlords can check your credit rating. [[ Not to mention your personality and the color of your skin!) Then the house, condo, co-op project is all yours.

The reasons for the restrictions on renting out homes IMHO is more to protect the renter than the landlord. That's where the "Truth In Renting" Act came into place. It keeps landlords from renting out sub-par properties with hidden defects. Admittedly, it doesn't always work. Yes, it also protects the landlords by allowing them to check credit history and rental history so that it will protect their investment.

Particularly if a renter received rent subsidy from the State or HUD, under those agency's rules, the property MUST be inspected. They have very specific rules.

The rules are as much for the protection of the tenant as they are for the landlord.

But all this gets off the topic of the thread...I think the court rules require that a tenant who must move out of a home through no fault of their own is entitled to the security deposit returned. You may have to file suit in the district court to get it, however.

**Hamtragedy** · April-30-11, 09:17 AM

All of this begs the question? Why did you move to such a place in the first place? To everyone else, if you notice glaring problems during a walk-thru and the landlord says he will correct them once you move in, there is a 50-50 chance he will actually do so.

Secondly, you are entitled to your deposit back. If the landlord is a decent landlord, he will deal with the deficiencies. If he's a slumlord or an idiot, you will more than likely have to take him to court, which means you may not see that $$ for a very long time.

Many cities' implementation of certifying rentals is fairly recent. Good landlords may or may not follow the law directly because it can be a money grab by the municipality, usually in compliance and inspection fees which can be as much as $300/yr, which may not seem like much, but if you include property taxes, garbage collection fees, maintenance costs, or rising insurance rates, it's just one more cost that may affect the landlord's ability to keep the rent affordable given the neighborhood. Having said that, many municipalities require certification before the landlord can proceed with the eviction process. Kind of a double edged-sword.

The landlord tenant relationship is a fine balance. Potential tenants should look for a conscientious landlord. The last thing a landlord wants is a slum-tenant, which there also appears to be no shortage of .

**epiphany** · April-30-11, 09:56 AM

Originally Posted by Hamtragedy

All of this begs the question? Why did you move to such a place in the first place? To everyone else, if you notice glaring problems during a walk-thru and the landlord says he will correct them once you move in, there is a 50-50 chance he will actually do so.

Secondly, you are entitled to your deposit back. If the landlord is a decent landlord, he will deal with the deficiencies. If he's a slumlord or an idiot, you will more than likely have to take him to court, which means you may not see that $$ for a very long time.

Many cities' implementation of certifying rentals is fairly recent. Good landlords may or may not follow the law directly because it can be a money grab by the municipality, usually in compliance and inspection fees which can be as much as $300/yr, which may not seem like much, but if you include property taxes, garbage collection fees, maintenance costs, or rising insurance rates, it's just one more cost that may affect the landlord's ability to keep the rent affordable given the neighborhood. Having said that, many municipalities require certification before the landlord can proceed with the eviction process. Kind of a double edged-sword.

The landlord tenant relationship is a fine balance. Potential tenants should look for a conscientious landlord. The last thing a landlord wants is a slum-tenant, which there also appears to be no shortage of .

We weren't aware of the electrical problems, etc. until after moving in. After we moved in, an arc from an outlet fried our television and comcast equipment when a guy came out to install our cable. The property management company sent out a guy who barely even looked at anything and of course tried to say that what happened was the fault of Comcast and not faulty electrical wiring, but we have had several problems with the breaker since then. Also, I am not the one that signed the lease for this place. I would have demanded items like a walk-through checklist, but the lady renting this place is elderly and was clearly unaware of these requirements. Upon looking through the Madison Heights inspection checklist, I have noted a number of other violations including no fire extinguisher, windows without screens, inadequate fire alarms, etc.