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  1. #11
    Join Date
    Sep 2006
    Posts
    13

    Default Re: Worth appealing judgment?

    Quote Quoting aaron
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    Good find. What evidence did you submit to the court that you did not receive that notice? Is that another issue you didn't raise?
    That was the very first section I was going to cite in court, because it states that the landlord isn't even allowed to require a deposit unless he provides that information. But as I mentioned earlier, the magistrate stopped me mid-sentence to say, "It's obvious there were lots of violations. I agree with you there."

    As far as proof, there isn't really a way I can prove I didn't receive something (that was what my first thread here was about), but my landlord didn't really dispute anything I said. We both agreed in court that there was a verbal lease with $800 deposit and that nothing at all was ever put in writing. It was obvious he was simply ignorant of all of his legal obligations.

    I'd imagine that there would be at least some burden of proof on the landlord to show that he complied with the law, but based on his statements in our case before the magistrate, I can't imagine he would claim to have given me information I never received.

  2. #12
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Worth appealing judgment?

    Well, if this is a trial de novo where you get to submit new evidence, you may have a shot. But you would actually have to submit the evidence. You can't win without it.

  3. #13
    Join Date
    Sep 2006
    Posts
    13

    Default Re: Worth appealing judgment?

    Quote Quoting aaron
    View Post
    Well, if this is a trial de novo where you get to submit new evidence, you may have a shot. But you would actually have to submit the evidence. You can't win without it.
    I don't understand. What evidence do you mean?

    I can't possibly provide evidence that something never happened, and my landlord hasn't even disputed any of the facts.

    Mostly, what I'm wondering is whether the fact that I gave 15 days notice instead of 30 (because of a roommate fiasco I may be addressing in a separate lawsuit) relieves him of the obligation to sue within 45 days, because of part (d) of the section I quoted in the first post of this thread.

  4. #14
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Worth appealing judgment?

    Courts base their decisions on evidence. You did not present any evidence or argument on key issues, resulting in the prior verdict. If you want a "do-over" don't make the same mistake again.

  5. #15
    Join Date
    Sep 2006
    Posts
    13

    Default Re: Worth appealing judgment?

    I truly appreciate your time and effort, but I don't feel like my real question is being answered. I'm well aware of the burden of proof and the need to present my case; my question is about the interpretation of a specific section.

    What I want to know is, under Michigan law, does the fact that I gave 15 days notice instead of 30 relieve the landlord of his legal obligation to sue me within 45 days, as described in section 554.613?

    Part (d) of that section provides an exception if "the amount claimed is entirely based upon accrued and unpaid rent equal to the actual rent for any full rental period or portion thereof during which the tenant has had actual or constructive possession of the premises," but what I don't understand is whether giving less than 30 days notice fulfills that exception.

    If it does, then I don't want a "do-over." But if it doesn't, the landlord would actually be liable to me for double the deposit.

  6. #16
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Worth appealing judgment?

    Quote Quoting NinePointOh
    View Post
    ...

    What I want to know is, under Michigan law, does the fact that I gave 15 days notice instead of 30 relieve the landlord of his legal obligation to sue me within 45 days, as described in section 554.613?

    ....
    Quote Quoting seniorjudge
    View Post
    ...

    Q: So are you saying you don't think my situation applies to the double deposit provision?

    A: No, I do not. "...A landlord shall not be entitled to retain any portion of a security deposit for damages claimed unless he has first obtained a money judgment for the disputed amount or filed with the court satisfactory proof of an inability to obtain service on the tenant or unless:...(d) The amount claimed is entirely based upon accrued and unpaid rent equal to the actual rent for any full rental period or portion thereof during which the tenant has had actual or constructive possession of the premises...."

    But, of course, it doesn't make the slightest difference what I think!....
    0987654321

  7. #17
    Join Date
    Sep 2006
    Posts
    13

    Default Re: Worth appealing judgment?

    So, what you're saying is that because I gave 15 days notice, I had either "actual or constructive possession" of the property until 30 days after I gave the notice? Do you (or any of you) by any chance know of any legal definition or case law that demonstrates this?

    Based on my understanding ...

    Actual possession = Physical control over the property (eg. if the tenant is still living there, stuff still inside)

    Constructive possession = Access to control the property (eg. if the tenant is no longer living there, but hasn't returned the key)

    In my situation, I specifically told the landlord I would be vacating after 15 days (and on day 15, the house was empty and the key was returned), so it would seem that I had deliberately and voluntarily relinquished any form of possessory interest over the premises.

    Am I misinterpreting?

  8. #18
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Worth appealing judgment?

    ......(d) The amount claimed is entirely based upon accrued and unpaid rent equal to the actual rent for any full rental period or portion thereof during which the tenant has had actual or constructive possession of the premises....

    I am not sure what you are asking; this is a measure of damages (possession).

    The court will decide how much time you had actual or constructive possession.

    In any event, appeal it if you want. Post back with results.

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