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Re: Michigan Landlord: yours???

Posted by news? on March 19, 2000 at 12:07:29:

In Reply to: HELP ! Please :) Michigan Landlord problem (at least read lots of info contained) posted by Todd Richert on March 15, 2000 at 11:24:54:

Subject: Evicted on payment of rent
From: Janet
Date: 03/12/00 08:49 AM

I live in Michigan and evicted my tenant for non-payment of
rent for the month of Feb. He moved out March 10 and has
still not paid any rent, and I don't expect him to. He now owes
for March. He lease doesn't end until May. Can I take him to
small claims for the remaining months. I have a security
depost of $1,300 that I plan on keeping for non-payment of
rent but it's plenty short of what he owes me. Is my next step
small claims? He left no forwarding address should I still send
him the Security Deposit notice for damages to his current
address so the postman can forward it.


Mark in MI - 03/19/00 03:06 AM
First of all, in Michigan, you must show effort in re-leasing the
unit. You may begin small claims case for any rent owed until
the place was re-leased. You may also charge the tenant for
all utilities, advertising and maintenance as required by the
lease. You should always ask for a money judgement on an
eviction if they owe rent and that is the time to request
balance of lease. Once they have moved out - it is no longer
landlord-tenant! Landlord Tenant limits are $10,000, but if
you go to small claims its only $1500 limit. My favorite method
of garnishment is the state income tax. I give them a break to
happily go on their merry way thinking they have gotten away
with something. The next year, I file - including interest at the
statutory rate and expenses of filing. I have surprised many
former tenants when I receive their income tax refund that
they were expecting! Sweet revenge! - 03/12/00 05:30 PM
In this case the non-payment becomes damages which you
can charge against the deposit. Go ahead and sue for excess
damages, remembering to fully mitigate. After you get your
award go after bank account/car/paycheck. - - -

Tom in Indiana - 03/12/00 09:15 AM
Yes to most of your questions. I'd send him the security
deposit notice at his old address and mark it do not forward.
But, if you have evicted him, I'd say that that has terminated
the lease, and he doesn't owe any more rent. But I could be
wrong on that.

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