1.There a limit on the amount that a landlord may collect as a security deposit and the law states that a security deposit shall not exceed 11⁄2 times the monthly rent.

2.What exactly is considered a security deposit?
– Any prepayment of rent—other than for the first full rental payment period established in the lease—and any refundable fee or deposit are considered by law to be part of the security deposit.
Sometimes the lease requires that both the first and last months’ rent be paid before a tenant moves in. If this is the case, the last month’s rent would be considered a security deposit. Sometimes, too, additional fees or deposits are charged to hold the rental property, for credit checks, for pets, for cleaning, for keys, for mailboxes, for storage, and for many other reasons. While these fees or deposits may not be called “security deposits” in the lease, if they are otherwise refundable, they are still considered by law to be part of the security deposit and subject to the strict rules that Michigan has adopted— including the limit on the total amount that a landlord may collect.

3.Things landlord must do with security deposit :
The landlord must either:
a) Deposit the money with a regulated financial institution (e.g., bank), OR
b) Deposit a cash bond or surety bond, to secure the entire deposit, with the Secretary of State. (Note: If the landlord does this, he or she may use the money at any time, for any purpose.) The bond ensures that there is money available to repay the tenant’s security deposit.

4.The security deposit is considered the lawful property of the tenant, until the landlord establishes a right to it—generally by obtaining a judgment in a court of law.
If the landlord sells the rental property, he or she remains liable with respect to the tenant’s security deposit until any ONE of the following occurs:
a) The landlord returns the deposit to the tenant, OR
b) The landlord transfers the deposit to the new owner and sends notice—by mail—to the tenant informing him or her of the new owner’s name and address, OR
c) The new owner sends written notice of their name and address to the tenant AND the name and address of the financial institution where the deposit is held AND the tenant’s obligation to provide a forwarding address within 4 days of terminating occupancy.

Source: www.legislature.mi.gov/documents/publications/tenantlandlord.pdf

1. Name and signature of the landlord;
2. Name and signature of the tenant;
3. Rent amount to be paid, how frequently, and when and where it is to be paid;
4. Address of the rental property;
5. Starting and ending dates if it is a fixed-term tenancy;
6. Landlord’s mailing address;
7. Amount of the security deposit, if any;
8. Name and address of the financial institution holding the security deposit;
9. Notice of the tenant’s obligation to provide a forwarding address to the landlord within 4 days of terminating the tenancy;
10. Who is responsible for paying utilities;
11. Repair and maintenance responsibilities;
12. Eviction procedures;
13. Any other terms and conditions that the landlord and tenant agreed to; and
14. This statement must be provided in a prominent place in the lease, in at least a 12-point font size: “NOTICE: Michigan law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person.”

Note: Two copies of an inventory checklist must be provided to the tenant when he or she takes possession of the rental property.

Landlords and tenants – Make sure to check for these terms in a lease agreement as it will insure you a smooth tenancy period.

Source: www.legislature.mi.gov/documents/publications/tenantlandlord.pdf

At the termination of the lease, absent a contrary agreement, improvements, attachments or additions made by the tenant to the property are dealt with as follows:

The tenant may remove his/her improvements if he/she restores the property to its former condition. If the tenant fails to remove the improvements, then:
A) The landlord may pay the tenant for the cost of the improvements or for the enhanced value of the leased thing—whichever is less.
B) The landlord may demand that the tenant remove the improvements within a reasonable time and restore the property to its original condition.

If the tenant fails to remove the improvements, the landlord may:
•Remove the improvements and restore the property to its former condition at the expense of the tenant.
•Acquire the improvements without any obligation to reimburse the tenant.

Source: Louisiana landlord and tenant guide.

Tenants must:

•pay the rent in accordance with the lease terms.
•return the property in the same condition, except for normal “wear and tear,” as it was leased.
•refrain from altering the premises without first obtaining written consent from the landlord.
•allow the landlord to make all necessary repairs that cannot be postponed until the end of the lease.
•use the property for the purpose for which was leased. Any misuse by the tenant may cause the lease to be dissolved.
•inform the landlord promptly when the property has been damaged or needs repair.
•The tenant is liable for damages to the property that exceed the normal “wear and tear” caused by the tenant or the tenant’s guests.

Source: Louisiana landlord and tenant guide.

Landlords should:
•deliver the property to the tenant at the agreed time and in good condition for its leased purpose.
•maintain the property in a suitable condition for the purpose for which it was leased.
•protect the tenant’s right of peaceful possession for the duration of the lease.
•refrain from making any alterations to the property.
•pay taxes, assessments and other charges to the property.
the landlord sells the property during the term of the lease, then the new owner may change the lease terms or evict the tenant. In order to prevent this, the lease must be recorded in the parish where the property is located. The tenant may have an action against the landlord for loss sustained as a result of the sale.

Source: Louisiana landlord and tenant guide.

The Lessee’s Deposit Act requires the landlord to return deposits within one month after the end of the lease, provided the tenant fulfilled the lease obligations and left a forwarding address.

If any part of the deposit is retained, the landlord must send the tenant an itemized list of deductions and any remaining balance within one month. If the landlord fails to return the deposit or to send the itemized list within one month, the tenant may sue in Small Claims Court to recover the deposit.

If the landlord fails to account for the deposit within thirty (30) days of a tenant’s written request for a refund, then the law allows the tenant to recover actual damages (amount of damages made) or $200.00 whichever is greater. The judge may also award court costs and attorney fees to the person who wins the suit. The law does not permit the tenant to give up, or waive, this right in a lease.

Source: Louisiana landlord and tenant guide.

Source: Louisiana landlord and tenant guide.

Source: Louisiana landlord and tenant guide.

Six Ways to Plan Ahead

1. Check for Hazards in the Home
* Fasten shelves securely to walls.
* Place large or heavy objects on lower shelves.
* Store breakable items such as bottled foods, glass, and china in low, closed cabinets with latches.
* Hang heavy items such as pictures and mirrors away from beds, couches, and anywhere people sit.
* Brace overhead light fixtures.
* Repair defective electrical wiring and leaky gas connections. These are potential fire risks.
* Secure a water heater by strapping it to the wall studs and bolting it to the floor.
* Repair any deep cracks in ceilings or foundations. Get expert advice if there are signs of structural defects.
* Store weed killers, pesticides, and flammable products securely in closed cabinets with latches and on bottom shelves.

2. Identify Safe Places Indoors and Outdoors
* Under sturdy furniture such as a heavy desk or table.
* Against an inside wall.
* Away from where glass could shatter around windows, mirrors, pictures, or where heavy bookcases or other heavy furniture could fall over.
* In the open, away from buildings, trees, telephone and electrical lines, overpasses, or elevated expressways.

3. Educate Yourself and Family Members
* Contact your local emergency management office or American Red Cross chapter for more information on earthquakes. Also read the “How-To Series” for information on how to protect your property from earthquakes.
* Teach children how and when to call 9-1-1, police, or fire department and which radio station to tune to for emergency information.
* Teach all family members how and when to turn off gas, electricity, and water.

4. Have Disaster Supplies on Hand
* Flashlight and extra batteries.
* Portable battery-operated radio and extra batteries.
* First aid kit and manual.
* Emergency food and water.
* Nonelectric can opener.
* Essential medicines.
* Cash and credit cards.
* Sturdy shoes.

5. Develop an Emergency Communication Plan
* In case family members are separated from one another during an earthquake (a real possibility during the day when adults are at work and children are at school), develop a plan for reuniting after the disaster.
* Ask an out-of-state relative or friend to serve as the “family contact.” After a disaster, it’s often easier to call long distance. Make sure everyone in the family knows the name, address, and phone number of the contact person.

6. Help Your Community Get Ready
* Publish a special section in your local newspaper with emergency information on earthquakes. Localize the information by printing the phone numbers of local emergency services offices, the American Red Cross, and hospitals.
* Conduct a week-long series on locating hazards in the home.
* Work with local emergency services and American Red Cross officials to prepare special reports for people with mobility impairments on what to do during an earthquake.
* Provide tips on conducting earthquake drills in the home.
* Interview representatives of the gas, electric, and water companies about shutting off utilities.
* Work together in your community to apply your knowledge to building codes, retrofitting programs, hazard hunts, and neighborhood and family emergency plans.

Following this 6 steps, landlords, tenants, real estate owners and rental property owners can reduce the impact of earthquake.

Source: Fema.gov

Landlords, tenants, real estate owners and rental property owners can protect desktop computers and other small appliances by restraining them in a variety of ways. Methods such as using hook-and-loop material (Velcro, for example) require no tools. Others, which include using chains, cables, flexible nylon or elastic cords (“bungee” cords, for example), will usually require simple hand tools.

BENEFITS OF UTILIZING THIS MITIGATION STRATEGY

• Helps to prevent damage to computers and appliances
• Helps to prevent injuries to occupants

TIPS

Keep these points in mind when you restrain desktop computers and appliances:

• Make sure that the desk or table the appliance sits on is not so light that it can be easily overturned. If it is, and you can’t move the appliance to another location, consider anchoring the desk or table to the floor or wall.
• You can anchor the ends of chains, cables, or elastic cords to either the wall or the surface of the desk, table, or counter using eye-hooks, rings, screws and washers, or other types of mounts.
• If you want to use a wall-anchored chain, cable, or cord, attach it to a closed eye-hook screwed into the wall or to a wall mount (such as a ring or plate) attached with screws. Make sure the eye-hook or screws are long enough to penetrate not only the wall but also the studs behind it as well.

ESTIMATED COST

Restraining a single desktop computer or appliance with one of the methods described will cost about $50, depending on the amount of hardware required. Using hook-and-loop material would be the least expensive method. Using chains or cables would be the most expensive method, but may be necessary for heavy items.

SOURCE: FEMA.gov