 | | | Poor Business Practices from Landlord?
Asked Mar 20, 2007, 01:51 PM
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13 Answers Is there anything I can do when my landlord refuses to put anything (besides the lease) in writing? I have sent him certified letters to formally address property issues and safety concerns, but he refused to sign for them so they were sent back to me. He wants to conduct "business" over the phone. Everything falls back on "he said/she said". How valid would that be if I ever had to go to court?
As mentioned in a previous post, my landlord invited me to vacate a month and a half early. I did my own advertising, showings, and found a new tenant to sign a new lease. I heard through the grape vine from one of the potential renters that he had someone sign a 2 year lease, but I have yet to hear any status report from the landlord. I have asked him to review a lease termination agreement, but he wouldn't even look at it.
I'm very concerned about getting my full security deposit returned as the landlord would not conduct an inspection before I moved in. There is a small cigarette burn on the carpeting and several scuffs (nothing more than 2 or 3 inches) on the wall from previous tenants that I am afraid he'll come after me for damages.
I do not feel secure without having things in writing or hardcopy proof of agreements. This just seems to be poor business practices. I myself am a business woman, and would never not have things in writing. Is there anything I can do? Or do I need to suck it up and deal with this guy since he will never change? I'm in Michigan. Thread Summary |
13 Answers
 | Expert | |
Mar 20, 2007, 03:26 PM
| | |
Inform the landlord that you are recording the phone call and record it. Then you have proof, as long as he is being notified he is being recorded it is legal.
But they are not obligated to put anything in writing if they don't want to, it is obvious that he does not want to obligate himself to anything.
The "in writing" is at this point for your protection and really is not a value to him. So you will need to document any damage with photos and other things. Also any damage from a Previous tenant should have been documneted before you moved in, after you move in, and nothing was documented there is little you can prove it was already there | | |  | Senior Member | |
Mar 20, 2007, 05:50 PM
| | | Send correspondence USPS Delivery Confirmation NOT Certified Mail which has to be signed for....you can track delivery ONLINE and print proof of delivery, | | |  | New Member | |
Mar 21, 2007, 06:04 AM
| | | Thanks so much. Unfortunately I do not think my landlord would consent to being recorded. And my law states: "Mich. Comp. Laws § 750.539c: A private conversation legally cannot be overheard or recorded without the consent of all participants. Illegal eavesdropping can be punished as a felony carrying a jail term of up to two years and a fine of up to $2,000."
I believe I only have 2 weeks left on my lease (have yet to get an official date), so any future communication with the landlord will be in the presence of a witness ("happened to be in the area running errands with my friend, blah, blah,blah" type deal). This guy has me by the balls, therefore I want to play things as cool as possible as things near to the end. He changes his mind at the drop of a hat and appears to not have the best coping skills when he becomes upset. I'm not in the clear just yet and I may have another major hurdle to deal with because anything could happen in 2 weeks. I want to make sure I my actions are reasonable.
I appreciate any words of wisdom. | | |  | Computer Expert and Renaissance Man | |
Mar 21, 2007, 06:15 AM
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So here's what happens. You call the landlord, as soon as he picks up the phone you inform him that "For the protection of both our rights I would like to record this conversation.". If he refuses, then you reply, "Ok, at your insistence I am turning off the recorder". This gives you proof that he refused without violating the law, in my opinion (but since I'm not a lawyer you might want to confirm that).
His refusal to document anything can be admissable. | | |  | Expert | |
Mar 21, 2007, 06:19 AM
| | | Hello Apartment:
Sounds to me like you're walking around on egg shells because you HOPE he'll give you your deposit back. I have another opinion.
Any landlord who purposefully is avoiding being nailed down is planning something devious that (he thinks) you won't be able to prove. That something, in my view, is he’s planning to steal your deposit.
Therefore, I would take the opposite approach. I would let him know, in writing, on his message machine, by email, by regular mail, hand delivered, and in person with a witness present, that you know what he's doing, and you'll have none of it. Tell him that you expect him to be at your apartment at such and such a time on such and such a date to do a walkthrough. Tell him that you will be taking pictures. Tell him that you're going to DEMAND your deposit back, and you'll sue if you don't get it.
You don't need his cooperation in order to document your situation.
excon | | |  | Expert | |
Mar 21, 2007, 06:51 AM
| | |
Yes as excon mentioned, if he had any intention of fixing or doing anything, he would merely agree, he is not agreeing since he does not want to be forced to do anything
And the landlord does not have to sign or do anything you are wanting him to, what you want him to sign is for your protection not his.
If he does not want to, he really does not have to agree, sign or anything, I would for example NEVER sign anything my tennants gave me to sign, I may want them to sign what I give them as notice | | |  | New Member | |
Mar 21, 2007, 10:00 AM
| | | Devious is a great word to describe this guy. I really appreciate everyone's insight. I feel a lot more confident in dealing with my landlord now that I know he has someone who signed a lease for my apartment.
And yes, I am always walking around egg shells around this guy because honestly I am scared of him and am no longer comfortable having anything to do with him. | | |  | Full Member | |
Mar 21, 2007, 11:59 AM
| | | Since there is already a tenant to take over your apartment, I wouldn't antagonize the landlord by telling him what you think he has planned. It may either make him angry or give him ideas. Take pictures of the apartment after your furniture has been moved out and before you return the keys. Ask an uninterested person to walk through the apartment with you. Maybe that person can be the person behind the camera. Both of you talk and record the date. Be sure to pick someone who can appear in court if necessary. This will be your proof. Since you have completed the lease and in the apartment for more than one year, you would not be responsible for painting the apartment (holes from pictures is another story).
If the landlord does not give you back your deposit within the time period set by the revised code OR tell you how he used the money........there are consequences for the landlord. Take a wait and see attitude. As long as you have protected yourself with pictures and video, I would wait for the landlord to respond without provoking him. | | |  | New Member | |
Mar 21, 2007, 12:37 PM
| | |  Good news,.. Yes I am a landlord. There is plenty you can do And they will hold up in Court. 1st If he dose refuse them That alone looks good for you,. In the court room. This problem alone leave many options open for you, Keep the Cards that he did Refuse, for the Judge, if you end up there. Do not open the letters you sent him,. And if you did.. Resend them.
If there is no agreement for you to leave there yet, You can Fix dangerous problems with any Structure, pluming, Mice, Rats, Bugs, electric problems, so on You should call a local Building dept. In your area Or if there is not 1 there then ask police to make a record of the damages you will be working on, so a badge will witness yeah in court with his paper work That is like 3 Witnesses per 1 cop because they have what is called an Honesty Bond.
If you want to Vacate,. You may do that too, Because this is a breach of contract for him, In some states ( I don't know If yours on this ) You may stay there for payment free for this kind of thing till your contract expires. And all the proof you need is the Lease, The cards refused, and a cops/Inspectors report that there is damage, that's it.
As for your Deposit,. You only get charged what repairs cost, Small Claims court spooks some landlords Maybe yours He sounds like somebody who wants to cheat people Overe the phone only.
Sue for the full deposit back, Let him (The Landlord) prove that it cost all the deposit to the court, Let the court force him to pay back court cost as well Then Hire a 'Judgment recovery specialist ' to get your money back for yeah. LOL Bam
Larry Quote: |
Originally Posted by Apartment RO Is there anything I can do when my landlord refuses to put anything (besides the lease) in writing? I have sent him certified letters to formally address property issues and safety concerns, but he refused to sign for them so they were sent back to me. He wants to conduct "business" over the phone. Everything falls back on "he said/she said". How valid would that be if I ever had to go to court?
As mentioned in a previous post, my landlord invited me to vacate a month and a half early. I did my own advertising, showings, and found a new tenant to sign a new lease. I heard through the grape vine from one of the potential renters that he had someone sign a 2 year lease, but I have yet to hear any status report from the landlord. I have asked him to review a lease termination agreement, but he wouldn't even look at it.
I'm very concerned about getting my full security deposit returned as the landlord would not conduct an inspection before I moved in. There is a small cigarette burn on the carpeting and several scuffs (nothing more than 2 or 3 inches) on the wall from previous tenants that I am afraid he'll come after me for damages.
I do not feel secure without having things in writing or hardcopy proof of agreements. This just seems to be poor business practices. I myself am a business woman, and would never not have things in writing. Is there anything I can do? Or do I need to suck it up and deal with this guy since he will never change? I'm in Michigan. | | | | | Thread Tools | Search this Thread | | | | Add your answer here.
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