Panel of experts gives legal tips
By Tom Gantert
Legal News
About halfway into a forum on landlord-tenant relationships, a common concern popped up: bed bugs.
Some of the landlords wanted to know who was responsible for getting rid of the pests.
But Robyn Papaioannou, the court services manager for the 12th District Court, had a quick bit of advice for the people in the room.
"You don't need to bring them in as evidence," Papaioannou said as the room erupted in laughter. "It's really not necessary."
City of Jackson Inspector Dennis Diffenderfer then set the record straight: "Any infestation is the responsibility of the landlord."
A community forum on landlord and tenant rights and responsibilities was held Jan. 30 at the Community Action Agency in Jackson. It was sponsored by Legal Services of South Central Michigan and Southeastern Dispute Resolution Services.
The forum consisted of panelists from the legal and community service fields, including Papaioannou as well as Fred Bishop; 12th District Court magistrate; Ryan Porter, director of social services for the Salvation Army; Erica Zimny, supervising attorney for Legal Services of South Central Michigan; Marc Stanley, executive director of Southeastern Dispute Resolution Services; Elisa Gomez, an attorney with Legal Services of South Central Michigan; and Michael K. Falahee, attorney with White, Hotchkiss & Falahee, PLLC.
The panelists covered a range of issues that occur in the landlord-tenant relationship, sometimes offering advice from their own experiences.
Bishop said many landlords lose their cases simply because their leases don't meet the legal requirements. He said it doesn't matter how good a case a landlord has if the lease doesn't include the required legal language.
The panelists agreed that a cell phone camera should not be used to take photos of property damages.
"I'm old and I don't see small screens," Bishop said.
Instead, they said, use a camera that prints the time the picture is taken.
The panel also advised that people needed to collect their information to build their case before filing the complaint. And good record keeping is important. Bishop said he's had cases in which a landlord claims a tenant has not paid rent for three months, but had no record of which months those are.
Falahee agreed that details are important.
He told a story about a landlord who kept a security deposit to cover unpaid rent. That is legal. However, the security deposit was $1,125 and the unpaid rent was $1,106. The landlord didn't refund the $19.
"It's $19," Falahee said. "Who is going to worry about $19?"
However, Falahee said a judge ruled that the renter was due back double the entire rent - more than $2,200 - because the landlord kept the extra $19.
Falahee also warned landlords not to ask for more damages than they deserve because it can be held against them.
He gave an example of a tenant breaking the handle on a cabinet and the landlord asking for all new cabinets.
"Be reasonable," Falahee said. "The judges will remember you."
Some on the panel advised landlords to file a seven-day notice for payment at the first sign a renter is late on rent.
Attorney Elisa Gomez said it helps renters if they get third-party affirmation, such as that of a building inspector. She said all communication with landlords should be done in writing.
"Keep good records of payments," Gomez said. "Never pay rent in cash. Ever. Ever. Ever."
Gomez said that once a court order for eviction is authorized, people have 10 days to leave. She said judges can't by law extend that period.
"The only person that can give you more time is the landlord," she said.
About 25 community members, representing both landlords and tenants, attended the forum
Published: Mon, Feb 4, 2013
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