In the world of real estate and property management, the relationship between landlords and tenants is central. While most tenants and landlords have harmonious relationships, understanding the laws that govern these interactions ensures that both parties know their rights and responsibilities, and it helps prevent potential legal disputes.
At B. Kizy Law, we’re dedicated to keeping you informed. Here, we delve into the basics of landlord and tenant law, highlighting the essential aspects that both tenants and landlords should be aware of.
Understanding the Lease
Whenever we mention “leases”, many think of those long documents signed when renting. But leases are more than that, they’re essential legal tools with critical terms. To understand leases better, let’s look at some definitions under Michigan Law M.C.L.A. 554.601:
● Rental Unit: Essentially, this is the space where a tenant will live or sleep. It can be an apartment, a part of a house, a mobile home space, or even the surrounding area promised for a tenant’s use, like a yard or parking space.
● Rental Agreement: This is the deal the tenant strike with the property owner or manager about how a tenant will use the space. It spells out the rules, payment terms, and other related matters.
● Landlord: This is the property owner or the person in charge of the property. It could be the one pay rent is paid to or someone managing the property on behalf of the actual owner.
● Tenant: That’s anyone who stays in the rental unit and pays for it with the property owner’s approval.
● Joint and Several Liability: When multiple individuals sign the lease, they might have joint and several liability. This means that each tenant is individually and collectively responsible for all obligations of a lease. If one roommate doesn’t pay, the others might have to cover for them.
● Security Deposit: This is the money the tenant pays upfront, which the landlord keeps during the duration of the lease. It’s a safety net for the landlord in case a tenant does not follow the rental agreement’s conditions.
● Escrow Account: A special account where tenants can deposit rent, signaling they’re ready to pay but are holding back due to specific issues with the property that the landlord needs to address. When the problem is resolved, the landlord gets the rent.
The Nature of Tenancy
“Tenancy” is a concept that indicates your rights as a renter. It’s created when a property owner grants another person or entity rights to their property, typically in exchange for rent.
In Michigan, tenancies can be categorized as:
1. Fixed Tenancy: Here, the lease states a clear start and end date. If the tenant remains beyond this term, it might either become a month-to-month tenancy or renew under the same conditions, based on the agreement.
2. Periodic Tenancy: This does not have a fixed end date. It can be monthly or weekly, depending on the rent payment frequency.
3. Holdover Tenancy: This arises by law when a tenant stays even after their legal possession rights end. It requires the tenant’s initial lawful entry, the end of their legal possession rights, and their stay without the landlord’s approval.
Responsibilities of Landlords:
Basic Promises in Every Lease or License:
Every time a landlord leases or licenses a residential property, the landlord promises the following:
● Fit for Use: The rented space, along with common areas, will be suitable for the purpose the landlord and the tenant agreed upon.
● Maintenance: The landlord will maintain the property, ensuring it is in a reasonably good state. Additionally, the property will comply with local and state health and safety laws. However, if the tenant intentionally damages the property or neglects it, causing it to fall into disrepair, the landlord isn’t responsible for those specific damages. See MCL 554.139
Modifying the Pro[mises:
If the lease or license lasts for at least a year, the landlord and the tenant can modify the duties mentioned above. For instance, they might agree on who’s responsible for certain repairs.
Landlord Obligations and Tenant Protections Under MCL 554.139:
MCL 554.139 mandates key responsibilities that every landlord must adhere to in any residential lease or license. This statute requires landlords to ensure the rental property is fit for its intended use and to maintain it in reasonable repair throughout the lease term. These obligations are also subject to compliance with state and local health and safety laws. Importantly, this law favors interpretations that protect tenant rights, particularly in instances where lease terms might be vague or open to multiple interpretations. Even if a lease’s wording seems unclear, the tenants’ rights and landlords’ promises are safeguarded, guaranteeing that tenants can rely on a legally upheld standard of living conditions.
Responsibilities of Tenants:
Timely Rent Payment: Tenants are obliged to pay their rent on time, as agreed upon in the lease.
Maintain the Property: While wear and tear are expected, tenants must ensure they don’t cause excessive damage to the property. They should inform the landlord about any necessary repairs.
Right to Privacy: Tenants have the right to enjoy their rented space without unnecessary disturbances. This includes the right to be notified before the landlord enters the property.
Abide by Lease Terms: Whatever is agreed upon in the lease should be followed. This could include terms about having pets, making alterations to the property, or subletting.
Eviction Grounds: When Can a Landlord Take Back Possession?
Unpaid Rent:
● If a tenant doesn’t pay their rent within 7 days after getting a written demand for possession because of unpaid rent. See MCL 600.5714.
Illegal Drug Activity:
● A tenant can be evicted if they, or someone under their control, are involved in illegal drug activities on the property.
End of Lease or Overstaying:
● The tenant stays beyond the time they originally agreed upon.
● The lease gets terminated because of specific legal notices.
Damage or Health Hazard:
● If the tenant causes or lets a serious health hazard continue, or causes significant physical damage to the property.
Physical Harm or Threats:
● Eviction can occur if the tenant, someone in the tenant’s household, or someone under the tenant’s control causes or threatens harm to someone on the landlord’s property.
Unlawful Occupation:
● If someone takes the property by force, remains after peaceably entering, or trespasses without a proper claim to the property.
Post Property Sale:
● If a person remains on the property after it has been sold due to a mortgage or execution beyond the legal redemption period.
Why Engage B. Kizy Law in Landlord-Tenant Matters?
Understanding and navigating landlord-tenant law can be complex. Whether you’re a landlord facing issues with a tenant or a tenant feeling your rights are being violated, we’re here to help.
Our experience in representing both landlords and tenants provides us with a balanced perspective, ensuring you receive comprehensive legal counsel tailored to your unique situation.
If you have questions about your rights as a landlord or tenant or need representation in a dispute, reach out to us at B. Kizy Law. We’re committed to ensuring that both landlords and tenants can coexist harmoniously, respecting each other’s rights and responsibilities.
