Tenants Right?

[jbr12]

I know theres a few landlords around here and plenty of tenants that know their stuff... I looked at the Michigan Legislature information and couldn't find any information.

I know that a landlord has to provide an itemized list of 'damages' to the property within 30 days of the tenant moving out. Is it possible that the current tenant can request a copy of the previous tenant's damage list? We just moved and the thing I'm worried about is being charged for things we know the landlord has done in the past. For example, I know the previous tenants painting one of the bedrooms and when they moved out, the landlord repainted the room. I would like to know if the landlord took any of the security deposit for repainting the room. Another example is the previous tenants TRASHED the carpet. The landlord didn't clean the carpets before we moved in and we rented a carpet cleaner and cleaned them ourselves. I want to make sure that if he charged the previous tenants to clean the carpet, and then didn't do it, that we doesn't charge us to get them cleaned...

I'm just trying to make sure we get the maximum security deposit back that we can

[Rhino6885]

Do you have any documentation to prove the condition of the apartment when you moved in? Pictures work fine...or a checklist. If so, you're fine. If not, just talk to your landlord about your concerns BEFORE he/she takes anything out of the deposit. Maybe request a walk-through with him/her before you leave for good and point out issues that were there when you took possession of the apartment. Also, be sure to provide your forwarding address. If you don't do so, the landlord can withhold your deposit indefinitely.

[jbr12]

Thanks for the tips...

We didn't think about getting photos or doing a checklist of the condition before we moved in. I did mail him a letter with our new address today.

My concern is that he's going to make us fix things or pay for things that he hasn't made past tenants pay for....

[Veloise]

Thanks for the tips...

We didn't think about getting photos or doing a checklist of the condition before we moved in. I did mail him a letter with our new address today.

My concern is that he's going to make us fix things or pay for things that he hasn't made past tenants pay for....

[Rhino6885]

My concern is that he's going to make us fix things or pay for things that he hasn't made past tenants pay for....

[luma]

His actions with previous tenants have absolutely nothing legally to do with you. The only binding agreement you two have is the lease that you signed when you moved in. If he didn't charge somebody for something and is going to charge you for the same thing, that's perfectly legal. You should have signed an itemized checklist when you moved in regarding the condition of everything in the space (this isn't required, but most landlords do it to save themselves from a "he said/she said" issue when a tenant moves out.)

Assuming that you are moving into a new rental spot (which may or may not be true), take pictures this time.

[GR Jackson]

I always thought it was the landlord's responsibility to prove that the damage was done by the current tenant, and that is why the checklists exist. I think in a he said she said argument, the tenant would win.

[Paris Texas]

I always thought it was the landlord's responsibility to prove that the damage was done by the current tenant, and that is why the checklists exist. I think in a he said she said argument, the tenant would win.

[oakesLife]

I was told by a well groomed landlord of a large apartment complex that if I was concerned about the security deposit to take pictures and/or make a list of problems, ie - stains, dents, broken tiles, poor working appliances, etc. and then we would both sign and date it and each keep a copy. With my next place my landlord was very hands-off and I decided to do the same and sent it to him with my first month's rent.

I would suggest saving the receipts for improvements made and if the landlord has any deductions when you move out maybe you can counter his claims with your receipts. Bottom line, in never hurts to have pictures of move-in or soon after move-in condition. It certainly won't hurt you.

[michaelskis]

Barb Lester in the Heritage Hill Neighborhood Association office has several hand-outs of information regarding what you are asking for. Even if your not in the Hill, I am sure that she would be willing to help you.