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.

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

Send correspondence USPS Delivery Confirmation NOT Certified Mail which has to be signed for... you can track delivery ONLINE and print proof of delivery,

Thanks so much. Unfortunately I do not think my landlord would consent to being recorded. And MI 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. :)

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 admissible.

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

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

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.

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 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.

:) 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 you 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 you. LOL Bam

Larry

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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.

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I did not open any of my returned letters. I have been very careful of keeping hard copy records of everything, pictures, emails, and saving voicemails from the landlord. I have been working with a city inspector for the past 3 months. Unfortunately, it's been a very slow process due to their procedures. But I did discover that he was up for his 1 and 1/2 year inspection back in July 2006 - he never responded to any of the city's notices. His case got shuffled in paperwork and was forgotten until I called to complain. They started sending him notices back in January to complete an application for his over due inspection. He sent back the application incomplete so it was void. The inspector assumes he is trying to avoid the inspection, but she cannot do anything more that assess the outside of the house without the completed application. An inspection was scheduled for last week, but he sent a letter stating he would be out of town and have to cancel referencing a phone call he made explaining his situation. The inspector had the phone records checked and she did not find his number. Right now the inspection is scheduled for April 17th, but I am assuming I will no longer be living there.

I'm not sure how strong my case is seeing that changes have been made to my concerns just by chance. My concerns were - Instead of the (3) foot requirement as recommended by the city, other tenants have moved their personal property within inches of the furnace and hot water tank which caused the furnace to overheat and smoke - I called the landlord who came over and poured cold water on the boiler which then caused it to crack resulting in me going 13 days without heat. The city inspector said without seeing the items too close to the furnace she can't do anything now, but I do have photographs from before the furnace incident.

I also did not have any lighting in the basement from December - March, but the landlord did finally fix the sockets. I kept putting in new bulbs, but none of the lights were working.

I have also complained several times about the backyard being destroyed by one of the tenant's dog - crap is everywhere! They do not dispose of it properly - they pile it up behind the garage instead of leaving it for curb side pickup. Due to the snow I haven't been able to check if that has been changed or not, but I do have pictures of when it was at it's worst.

Could I have my attorney or could I myself contact the city to see if has ever been sued?

Could I have my attorney or could I myself contact the city to see if has ever been sued?

Yes You can, No need to hire a sole, Just go to the clerk and tell them you want to look at any and all files concerning your Target by name, in the civil clerks office, You may need to look In City and or county clerk or both, They are obligated to let you see any files you want to see It is the Law USA
Larry:D

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Originally Posted by Apartment RO

I did not open any of my returned letters. I have been very careful of keeping hard copy records of everything, pictures, emails, and saving voicemails from the landlord. I have been working with a city inspector for the past 3 months. Unfortunately, it's been a very slow process due to their procedures. But I did discover that he was up for his 1 and 1/2 year inspection back in July 2006 - he never responded to any of the city's notices. His case got shuffled in paperwork and was forgotten until I called to complain. They started sending him notices back in January to complete an application for his over due inspection. He sent back the application incomplete so it was void. The inspector assumes he is trying to avoid the inspection, but she cannot do anything more that assess the outside of the house without the completed application. An inspection was scheduled for last week, but he sent a letter stating he would be out of town and have to cancel referencing a phone call he made explaining his situation. The inspector had the phone records checked and she did not find his number. Right now the inspection is scheduled for April 17th, but I am assuming I will no longer be living there.

I'm not sure how strong my case is seeing that changes have been made to my concerns just by chance. My concerns were - Instead of the (3) foot requirement as recommended by the city, other tenants have moved their personal property within inches of the furnace and hot water tank which caused the furnace to overheat and smoke - I called the landlord who came over and poured cold water on the boiler which then caused it to crack resulting in me going 13 days without heat. The city inspector said without seeing the items too close to the furnace she can't do anything now, but I do have photographs from before the furnace incident.

I also did not have any lighting in the basement from December - March, but the landlord did finally fix the sockets. I kept putting in new bulbs, but none of the lights were working.

I have also complained several times about the backyard being destroyed by one of the tenant's dog - crap is everywhere! They do not dispose of it properly - they pile it up behind the garage instead of leaving it for curb side pickup. Due to the snow I haven't been able to check if that has been changed or not, but I do have pictures of when it was at it's worst.

Could I have my attorney or could I myself contact the city to see if has ever been sued?

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Originally Posted by Apartment RO

Could I have my attorney or could I myself contact the city to see if has ever been sued?

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Maybe. It depends on the court and how good their records are. Some courts may only keep records of successful suits so if he was sued and the plaintiff lost there might not be a record. Additionally, while you will, most likely, be given access to the records, you may have to do your own searching. A court has to make public records available, it doesn't have to make then easily searchable. In addition, there may be a processing or access fee to pay.

Thanks so much for everyone's help!! :)

I called the city that I live in - they were able to do a search in there database over the phone. No records of this guy. Oh well.

Here is another question - I found out on my own that someone signed a lease to take over my apartment this past Monday. I spoke to my landlord that morning before the signing took place and he said he would call me back to give me a status update. I have yet to hear back from him. I contacted the new tenant since I had his contact info from when I showed my apartment. He told me he signed a lease, but I am waiting to hear back as to when he moves in. I figure I must play detective and get my information in a roundabout way since I cannot reach the landlord.

The date I am supposidly moving is April 7th, but I have not received the official word. How much advanced notice should he give me about when I can move out and button up all loose ends? Or is advanced notice just a courtesy? I am afraid that he'll finally return my calls 2 days before and say I have 2 days to move out. Maybe I'm just being impatient, but I'd like to be able to plan my move and get my finances in order to pay the prorated days I will owe him.