Landlord:
The party agreeing to transfer possession and use of the rental property, usually the owner (but may also include an agent or employee of the owner, or a management company). In general, an owner of land or an estate in land (including a leasehold estate) who lets premises to another person under a tenancy arrangement.
He is bound to perform certain duties and is entitled to certain rights.
Tenant:
The party which has possession of and pays rent and use a rental property which is owned by another party (called the landlord). A tenant's right to possession and use is called a tenancy or leasehold.
Landlord and Tenant:
A leasehold estate is an ownership interest in land in which a lessee or a tenant holds real property by some form of title from a lessor or landlord.
Landlord-tenant disputes are a common occurrence in the renting process. Some of these disputes could be avoided if landlords and tenants were aware of their rights and responsibilities.
Landlord Should:
-Make property habitable before tenants move in.
-Make and pay for repairs due to ordinary wear and tear.
-Refrain from turning off a tenant's water, electricity or gas.
-Provide written notice to tenants when ownership of the property is transferred to a new landlord.
-Not unlawfully discriminate.
Tenant Should:
-Pay rent on time.
-Use reasonable care and not damage property.
-Properly dispose of garbage.
-Refrain from taking on additional occupants or subleasing without the landlord's written permission.
Landlord and Tenant Act
Act 348 of 1972
AN ACT to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties.
History: 1972, Act 348, Eff. Apr. 1, 1973
Popular Name: Landlord-Tenant Act.
Laws passed in 1997 offer greater protection for tenants renting from unresponsive landlords as well as more options for landlords to get rid of drug dealers and destructive tenants. Among the provisions:
=> Authorizes county courts to order the quick removal of tenants involved in drug-related criminal activity or violence, even when there is no arrest. Prior written notice is not required to remove a tenant.
=> Allows landlords to remove abandoned personal items once they have complied with notice requirements.
=> Makes a landlord guilty of forcible entry for willfully interrupting utility service, unless it is done for health and safety reasons.
=> Allows a tenant, under certain circumstances and after giving a landlord 14 days' notice, to deduct one-half month's rent or up to $300 (whichever is greater) for repair of code violations when a landlord neglects property. This can be done once a year.
=> Allows a landlord to double the rent when a tenant lets another person take over the premises without the landlord's permission.
=> Limits occupancy to two persons per bedroom except for children born during the lease period.
A security deposit is the money, apart from your monthly rent, that has to be paid to your landlord when you move in. Landlord holds this money as long as you stay. When you move out and if you have paid all your rent and utility bills and you have not damaged the unit, the landlord is to return this money. The same rule is for every state.
It does not matter what the landlord calls the money, it still is a security deposit. If you pay your first and last month's rent when you move in, the last month's rent is really a security deposit. The only exception to this rule in Michigan is a non-refundable fee, such as a cleaning fee paid at the beginning of a tenancy. In other states, a cleaning fee may or may not be permitted, as this can be deducted from a security deposit.
Lease (or Rental Agreement):
In general Lease:" A contract conveying from one entity to another the use of real or personal property for a designated period of time in return for payment or other consideration. "
A lease is a contract for the possession and profits of lands and tenements on one side and a recompense of rent or other income on the other or else it is a conveyance of lands and tenements to a person for life or years or at will, in consideration of a return of rent or other recompense.
BASIC LEASE PROVISIONS
At a minimum the lease should include:
=> Landlord's name, address and phone number.
=> Address of rental property.
=> Amount of monthly rent.
=> Rent due date and grace period (if any).
=> Amount of security deposit and conditions for its return.
=> Length of lease.
OTHER QUESTIONS
Before renting, tenants might get other questions answered or address them in the lease:
=> Who will pay for electricity, gas and water?
=> What repairs and cleaning will the landlord do?
=> What is the policy on keeping pets?
=> Are fees charged for late payments?
=> Who takes cares of the yard and removes snow?
If your landlord-tenant issue demands immediate legal action, you may want to seek Landlord Tenant resources for legal advice, mediation or Small Claims Court. If your complaint involves more than $5,000, you may wish to seek a private attorney. Or else also you can take advice from any lawyer or attorney and try for free advice as attorney's do provide free advice and after that you can decide on whether hiring an attorney for your case or not.
To know more about landlord and tenant law you can see http://lawfirminmichigan.blogspot.com/
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