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  1. #1
    Join Date
    Aug 2006

    Angry Apartment Was Never Certified As A Rental Unit

    I am being taken to small claims court for breaking a lease agreement. The final incident that caused me to move out was a bat in the living room and bedroom. When I notified the owner, she and her fiance came over and got the bat out (I didn't see it happen) and put plastic bags in 2 living room floor vents and that was it. There was also a "funny" musty odor in the house that I noticed prior to this and brought to her attention, which makes me wonder if it was from bats. Since she had no reaction to the bat in the house it also makes me wonder if she knew about this. There were also several other "conditions" in the house that seemed unsafe to me. In researching rental agreement provisions, this agreement did not have a lead paint disclosure or a MI required Truth in Renting Act statement. Then I found out that the place has never been inspected by the building inspector. My question is if a rental agreement even existed, since it should not have been rented out. She is also "pretending" that this is her principle residence to keep a homestead exemption. She even mis-spelled my last name on the small claims filing. She has made my life extremely miserable and I don't want her to do this to anyone else. Any advice would be helpful. Thanks from MI.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: No certificate of compliance in Michigan

    If you can prove that the house was not permitted as a residential rental property, you may be able to convince the court to vacate the rental agreement. You may need a witness from the municipality, who can testify that the building was never inspected or approved as a rental under the municipality's ordinances.

  3. #3
    Join Date
    Jan 2006

    Default Re: No certificate of compliance in Michigan

    You may also be able to get a copy of the tax statements from the germane county's tax department that show this residence claimed under a homestead exemption.

    Unless the house was inhabited by the both of you, she may be guilty of tax fraud.
    With that as evidence, the LL may find it more prudent to drop the case and release you of all liabilities rather than continue into court.

  4. #4
    Join Date
    Apr 2006
    not sure

    Default Re: No certificate of compliance in Michigan

    City code enforcement will give the info over the phone. You can also find out if the homestead exemption has been rescinded since it has been used as a rental. Don't be surprized to learn that you are a "relative" who is living in the property rent free. Common scam. Owners of rentals in most of Michigan can be cited by code enforcement if they offer a property for rent prior to obtaining a permit.

    When the homestead exemption is rescinded, the property taxes take an upward hike. The matter of tax fraud is managed by the State of Michigan. The owner can be fined and penalized with interest for each year any fraudulent claims were made.

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