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Five Things Every Tenant Must Know

By: Richard A. Roble, Esq.
Sullivan, Ward, Asher & Patton, P.C.
Southfield, Michigan


In brief, a tenant should know the following five items when leasing:

1. Keep thorough records of all communications with the landlord, whether for complaints about other tenants (such as noise), maintenance problems with their own apartment or in common areas or about payment issues.
2. Keep copies of all receipts for rental payments. Paying cash is not advisable. Pay with money orders, cashiers checks or regular checks. This creates a paper trail. If a tenant has to go to court over payment issues, having documentation is extremely important.
3. Where maintenance issues are involved, if the tenant decides to withhold rent, they should again notify the Landlord writing, explaining the problem(s) and indicate that the money is being held in escrow. Verify the escrow account for the landlord.
4.

Getting your security deposit back:

  • The tenant should understand the lease requirements for having their security deposit returned.
  • Always provide the forwarding address to the Landlord in writing.
  • The tenant should attempt to do a final inspection/walk-through with the landlord before they move out, in order to know what problems the Landlord sees and what the Landlord may say needs to be fixed. These repairs directly affect how much of the security deposit a tenant will get back.
  • If necessary, take pictures of the apartment before leaving so if there is a dispute about the condition/damage to the apartment, the tenant has a record that could be used in court.
  • Be aware that certain states and municipalities have laws that penalize landlords for wrongfully withholding security deposits.
5. Seek professional legal advice. The tenant should not go it alone. Numerous legal aid organizations specifically help tenants with problems with landlords, which could include trying to negotiate with a landlord outside of court, through some type of mediation process or in Court. These organizations are normally free or work for a nominal fee.
   
   


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