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  1. #1
    Join Date
    Jan 2008
    Posts
    7

    Default Ridiculous Charges For Damages In Michigan

    My question involves landlord-tenant law in the State of: Michigan

    My former landlord is taking me to court to sue me for 1) unpaid rent, and 2) damages to the unit.

    Regarding the unpaid rent, it's true that I do owe rent, only I don't believe that he is entitled to a full month because I've had to put up with leaks and a broken window for several months. He has NOT so much as acknowledged that these condition even exist.

    As for 2), the landlord and I with a policeman as an "uninvolved witness" (the landlord's idea) went through the unit and the landlord pointed out several things that I feel fall into the "normal wear and tear" category. For example, do nail holes mean that the whole wall needs to be repainted? The main door had a minor scratch on it. He's charging me $75 to fix it. There was a left over full length mirror screwed into the back of a closet door. He says that the door must be replaced at a price of $300. He also is insisting that most of the unit needs to be repainted to cover up the damages. In other words, he is saying that I should have returned the unit to him looking like a brand new, never lived in unit. Does he have the right to expect this? Just so you know, the place, except for the nail holes, is in the same shape that we found it in when we moved in. Any answers?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Ridiculous Charges For Damages In Michigan

    I don't believe that he is entitled to a full month because I've had to put up with leaks and a broken window for several months.
    That's not the way that works.

    In order to LEGALLY withhold rent, you have to go through the courts and have the rent held in escrow until repairs are made.

    You're probably not going to prevail on this.

    Does he have the right to expect this?
    No. He is only entitled to a unit that looks the way it did when you moved in, less normal wear and tear.

    You might want to read this.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ridiculous Charges For Damages In Michigan

    If you believe the facts entitle you to a rent abatement, you can bring a counterclaim for a rent abatement.

  4. #4
    Join Date
    Jan 2008
    Posts
    7

    Default Re: Ridiculous Charges For Damages In Michigan

    Thanks for the reply, but to continue, just exactly what is the definition of "normal wear and tear?" It seems this definition is obscure and not easily nailed down. Any help would be appreciated.

    Quote Quoting LawResearcherMissy
    View Post
    That's not the way that works.

    In order to LEGALLY withhold rent, you have to go through the courts and have the rent held in escrow until repairs are made.

    You're probably not going to prevail on this.



    No. He is only entitled to a unit that looks the way it did when you moved in, less normal wear and tear.

    You might want to read this.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ridiculous Charges For Damages In Michigan

    There's no "one size fits all" definition, nor is there a list of what it means in every possible circumstance. It's something that is assessed on a case-by-case basis.

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