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In Michigan, if landlords wrote 'as is' in the lease for appliances, do they have to replace them?
I think that you might want to review Michigan’s landlord-tenant laws.Here’s a start, relevant to your question. I’ve emphasized with italics a few section you must read right now.http://www.legislature.mi.gov/(S(jixidmu0uofrwbuhkf1t133r))/mileg.aspx?page=getObject&objectName=mcl-554-608&highlight=APPLIANCES“554.608 Inventory checklists.Sec. 8.(1) The landlord shall make use of inventory checklists both at the commencement and termination of occupancy for each rental unit which detail the condition of the rental unit for which a security deposit is required.(2) At the commencement of the lease, the landlord shall furnish the tenant 2 blank copies of a commencement inventory checklist, which form shall be identical to the form used for the termination inventory checklist. The checklist shall include all items in the rental unit owned by the landlord including, but not limited to, carpeting, draperies, appliances, windows, furniture, walls, closets, shelves, paint, doors, plumbing fixtures and electrical fixtures.(3) Unless the landlord and tenant agree to complete their inventory checklist within a shorter period, the tenant shall review the checklist, note the condition of the property and return 1 copy of the checklist to the landlord within 7 days after receiving possession of the premises.(4) The checklist shall contain the following notice in 12 point boldface type at the top of the first page: “You should complete this checklist, noting the condition of the rental property, and return it to the landlord within 7 days after obtaining possession of the rental unit. You are also entitled to request and receive a copy of the last termination inventory checklist which shows what claims were chargeable to the last prior tenants.”.(5) At the termination of the occupancy, the landlord shall complete a termination inventory checklist listing all the damages he claims were caused by the tenant.”Okay, did the landlord provide you with the checklist? Did you complete it and return to landlord, keeping a copy for yourself?I hope so, because “as is” really isn’t a statement of the condition of anything in the property, is it?However, a landlord doesn’t have to replace something because a tenant would like something better/different. A landlord replaces an appliance that doesn’t work. If the appliance requires service or repair, it is the landlord’s responsibility. Unless there are explicit exceptions in the lease and noted and accepted by the tenant. (I say this because I haven’t yet come across a landlord/tenant law that requires a tenant to repair a landlord-provided appliance).NOTE TO READERS NOT LIVING IN MICHIGAN: An internet search “(US State) landlord tenant laws” will usually give you all the information you need to deal with your landlord. I believe that any tenant should read up on local regulations on landlords and tenants. And ALWAYS read the lease before you sign it.
How do you protect yourself from landlords taking your security deposit?
You begin by ensuring that your security deposit is an actual security deposit, and not last month’s rent or some other fee. The sum of the deposit should be stated in your rental agreement, and you should receive a receipt showing that you paid it. Hold on to this receipt as you do your rent receipts.Before signing or handing over money, ask your landlord or property manager to arrange a move-in inspection on the day that you take possession. Your landlord should have an inspection checklist, and once the walkthrough has been completed you should receive a copy. It is still wise to take your own notes, and if your landlord doesn’t provide a checklist you can download one online. Make note of every issue you see, whether it’s a scuff mark on the baseboard or an eye on the stove that doesn’t come on, and take photos of the entire property.Take care of the property while you occupy it, and report any issue or damage as soon you notice or it occurs, even when you are responsible. Tenants are typically responsible for the full cost of repairs of any damage caused outside of normal wear and tear, but reporting it immediately will prevent it from getting worse. Repairs done while you reside in the home should not come out of the deposit, but ask your landlord for a copy of the invoice or an itemized bill before you pay, and hang on to your receipts. Refrain from making any attempts at repairs unless you have received your landlord’s permission in advance, as this is typically prohibited under the lease and will be billed as additional damage.Set up an appointment for another walkthrough when you move out, so your landlord and you can inspect the home together. Use the checklist again, and make note of any problem areas you see. Take pictures of the entire property, just as you did when you moved it. Your landlord could discover additional damage once he begins the process of turning over the property, so it is important to have photographic evidence to verify or dispute any such claims.Most states allow a landlord thirty days from the handover to return the deposit, and you are entitled to an itemized invoice if any deductions made. You may also be owed interest, depending on state law, so be sure to look into your rights. Keep in mind that you can be held responsible for damages in excess of those covered by the deposit, in which case you will receive a bill along with the list of charges. Just as you can dispute your landlord’s use of the deposit by filing a lawsuit, he can sue to collect if you do not pay within the period of time allowed.One last thing to keep in mind is the fact that you are responsible for the full cost of restoring the property to the condition it was in when you took possession, outside of normal wear and tear. If you stain the wall, for example, you will not just be charged for one ounce of paint. Your landlord may need to match the paint, he cannot buy an ounce of it, and someone will have to clean the wall, prep the area, and apply the paint. Your landlord can pay fair market prices for this work, or charge for his own labor, so be sure to factor in labor before you decide that you’re being scammed.
What are some important things you should know when buying a house?
Whether you are purchasing a house as an investment property or your personal home, you should definitely take some time to consider the ins and outs of the entire process. Here are some bits of info to keep in mind (take special note if you are a first-time home buyer!):Make sure your credit is as good as it can be. Even a few points can drastically impact your interest rate. If your score is especially low, it will be worth the time and energy to work on your credit before even looking at the housing market.Even if you absolutely love the house, you are thinking about buying, don’t make an emotional purchase! Always, always consider the resale. You never know what changes will occur during your life (having more children, losing a job, or taking care of an elderly family member) that can influence the type of house that is best for you. In time, this home may not meet your needs, and you should keep in mind how the home will do on the market and how you can improve your chances of walking away with some money.Look at the big picture. Don’t just limit your budget to considering the total cost of the house payment, but think about the cost of living in a particular city or neighborhood. Does the home have an HOA? Are utilities especially high? What about the commute time to and from work or school? These points can definitely impact your month-to-month costs even in the house payment seems affordable at first glance.Read the entire contract at closing. Contracts can be lengthy and include a lot of legal jargon that may not be easy to understand, but do take the time to read over every single page. Ask questions if any portion of the contract is unclear to you.Don’t skip the home inspection! This can be a few hundred dollars, and some people are tempted to save the cash. It’s not worth it. Set aside some funds so you can have a quality home inspection completely. Not only will you make sure your home is in good condition, but you can use any issues as a bargaining chip for final price.Buying a home is exciting, but remember the finer details of the process. If you’d like more information about real estate, contact us at LawTrades. We have real estate attorneys available to guide you through the process for a price that works for you. Good luck with the search!
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