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I live in Michigan. Can my former apartment complex seek retroactive rent from me? This week, I received what I’ll call a security deposit statement stating that I owe nearly $3000 in damages and retroactive rent. Most of the bill comes from the $1807.75 they claim I owe for going month to month. It literally says “Month to month” and then states an amount with no breakdown. The word “retroactive” does not appear on the document.
I had a 14-month fixed-term lease that began on May 7, 2021, and ended on July 1, 2022, per the leasing agreement. My base rent was $1196 per month.
On May 10, 2022, I gave a 60-day notice implying I’d move out by the end of August and that I was going month-to-month for July and August. I confirmed the specific move-out date of August 31 in early June. I did in fact move out on August 31, 2022. When I submitted rent for July and August, I paid the full amount reflected on my online balance, and when my rent was applied, the balance set to zero. I’d think that if the amount paid was NOT satisfactory, I would have had a balance left and/or I would have been notified that I violated the leasing agreement by not paying the amount due per the terms. e.g. “Demand for Possession Non-Payment of Rent” or some such.
I never received a notice from the leasing office stating the amount I paid in July and August was not satisfactory. The leasing agreement notes their right to change the terms if I go month to month, but they never formally notified me saying that they did change the terms. I believe the leasing office made a mistake by not notifying me of a change in leasing terms, and for not manually adding the extra fee for going month to month to my balance. Now, they’re trying to reclaim their money.
Here are two sections from the lease that apply or may apply to my scenario: “TERM. This Lease will begin on the Beginning Date and will continue until the Ending Date. If neither the Owner nor the Residents*notify*the other party at least sixty (60) days before the Ending Date that this Lease will terminate, then this Lease will continue beyond the Ending Date on a month to month basis until either the Residents or the Owner gives at least sixty (60) days prior written*notice*to the other party that this Lease will terminate. The Rent or other charges payable by the Residents or any other terms and conditions of this Lease may be changed by the Owner after the Ending Date by giving at least sixty (60) days prior written*notice*to the Residents of the change. NOTE: If you want to vacate the Apartment on or after the Ending Date, you must*notify*the Owner in writing at least sixty days (60) before the date on which you want to terminate.”
I should note that the leasing agreement also states the following about what's called “Holding Over” but I’m not sure if it applies to me?:
“HOLDING OVER. In the event that the Residents do not move out of the Apartment by the ending date of the lease, Owner then may, at its option, treat Residents as trespassers. In the event that Residents remain in the Apartment unit after the ending date without a new or renewal lease agreement, and the Owner does not notify the Residents of another total monthly amount, the total monthly amount shall be $300.00 more than the total monthly amount for the month prior to the end date.”
Even if this applies to me, the charge for going month to month should not be "$1807.75."*It should be about $600, correct? I have no clue how the leasing office landed on nearly $2,000.
On probably three different occasions, I called and asked the leasing office what the fee was for going month to month. In most instances, it was a general inquiry and I never disclosed (or was asked) my identity or if I was a current resident. Staff said tenants would be charged the 6-month leasing agreement rate, plus $300. Interestingly, there's no mention of a 6-month or six-month rate in my leasing agreement. The $300 amount only appears in the Holding Over section.
NOTE: They're also charging me for drip pans, a cracked window I did not break, a few stains on the carpet, and drywall repair.
NOTE: They're also charging me for drip pans, a cracked window I did not break, a few stains on the carpet, and drywall repair.
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do you have any proof you did not cause any of these damages?
NOTE: They're also charging me for drip pans, a cracked window I did not break, a few stains on the carpet, and drywall repair.
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do you have any proof you did not cause any of these damages?
Meaning: did you take photos BEFORE you moved in to show this stuff was already damaged? Or some other proof that the damage already existed?
No? Count on paying (except MAYBE the carpet stains. Depends on the stains, condition of carpet, etc.)
BTW the same goes for the blinds. If you don't have proof that they needed replacing before you moved in, you're not getting reimbursed for buying new ones.
NOTE: They're also charging me for drip pans, a cracked window I did not break, a few stains on the carpet, and drywall repair.
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do you have any proof you did not cause any of these damages?
I applied spackling paste to the holes in the walls and took several photos before I turned in the keys. The drip pans show minor wear because I cooked regularly. They don't look new, because yeah, they're used via cooking. Normal wear and tear--no damage. I didn't think to take photos of the drip pans because I've never been charged for that and I've lived in other apartment complexes before. Truthfully, the charge was surprising.
I caused some minor wear to the carpet. I never denied that, but again, normal wear and tear?
The living room window fracture, or thermal stress crack, was caused by double pane window glass expanding and contracting from temp changes and/or poor installation. I did not break the window and am not liable for the crack. My apartment temperature was controlled with air conditioning and heat year-round. I took a photo of the crack and notified the leasing office in the spring. They never responded.
Meaning: did you take photos BEFORE you moved in to show this stuff was already damaged? Or some other proof that the damage already existed?
No? Count on paying (except MAYBE the carpet stains. Depends on the stains, condition of carpet, etc.)
BTW the same goes for the blinds. If you don't have proof that they needed replacing before you moved in, you're not getting reimbursed for buying new ones.
I didn't say anything in my post about blinds. LOL. The funny thing is, I replaced my bedroom blinds with superior blinds from Home Depot because they were cheap and flimsy. My bedroom window was broken before I moved in and I noted that on the documentation sheet I returned to the leasing office within 7 days of moving in.
That's one reason why this is so frustrating. There was preexisting damage that I documented and they never fixed it. I could go on a tangent but there were multiple issues with my apartment that the leasing office never fixed. I could see outside at the bottom of my entry door. I watched bugs crawl through, plus experienced cold drafts in the winter, causing my heat bill to go up. I complained, and they agreed to the door needed to be REPLACED but they never did; they just applied a short-term fix that failed. I have tons of documentation of that.
I also had a ceiling leak from the unit above that required a contractor to come in and fix the drywall. They never addressed the root issue because the ceiling has a water stain again. In other words, a small leak is underway. The next tenant will be in for a treat.
My next-door neighbors moved out the same week as me. The day I turned in the key, I learned the leasing office wasn't doing walk-throughs because so many people were moving out that day. SMDH. I see they used that as an opportunity to nickel and dime folks...
I applied spackling paste to the holes in the walls and took several photos before I turned in the keys. The drip pans show minor wear because I cooked regularly. They don't look new, because yeah, they're used via cooking. Normal wear and tear--no damage. I didn't think to take photos of the drip pans because I've never been charged for that and I've lived in other apartment complexes before. Truthfully, the charge was surprising.
I caused some minor wear to the carpet. I never denied that, but again, normal wear and tear?
The living room window fracture, or thermal stress crack, was caused by double pane window glass expanding and contracting from temp changes and/or poor installation. I did not break the window and am not liable for the crack. My apartment temperature was controlled with air conditioning and heat year-round. I took a photo of the crack and notified the leasing office in the spring. They never responded.
I have had windows spontaneously crack like that. It was the inner window on a duel pane windows. Out of nowhere I heard a loud crack and then I noticed that the window had cracked. It was the weirdest thing. At first I thought someone through a rock at the glass or used a bb gun on it, but then I realized it wasn't the outer pane but the inner one.
Carpet and drip pans are on you. Window is not.. remind them you reported the windows that ago, but that begs the question… why didn’t you follow up with a phone call?? I would want my window fixed. The same applies to the issues you reported when you moved in. Why didn’t you follow up? Do you still have your copy of the move in checklist? If you damaged and attempted to fix the drywall, the repair is on you.
As for the rent.. what does your lease say about going month to month when it expires? That’s the rent you pay. Did you pay that amount or the same rental rate? It’s not your landlords job to hold your hand and point out the obvious.
I live in Michigan. Can my former apartment complex seek retroactive rent from me? This week, I received what I’ll call a security deposit statement stating that I owe nearly $3000 in damages and retroactive rent. Most of the bill comes from the $1807.75 they claim I owe for going month to month. It literally says “Month to month” and then states an amount with no breakdown. The word “retroactive” does not appear on the document.
I had a 14-month fixed-term lease that began on May 7, 2021, and ended on July 1, 2022, per the leasing agreement. My base rent was $1196 per month.
On May 10, 2022, I gave a 60-day notice implying I’d move out by the end of August and that I was going month-to-month for July and August. I confirmed the specific move-out date of August 31 in early June. I did in fact move out on August 31, 2022. When I submitted rent for July and August, I paid the full amount reflected on my online balance, and when my rent was applied, the balance set to zero. I’d think that if the amount paid was NOT satisfactory, I would have had a balance left and/or I would have been notified that I violated the leasing agreement by not paying the amount due per the terms. e.g. “Demand for Possession Non-Payment of Rent” or some such.
I never received a notice from the leasing office stating the amount I paid in July and August was not satisfactory. The leasing agreement notes their right to change the terms if I go month to month, but they never formally notified me saying that they did change the terms. I believe the leasing office made a mistake by not notifying me of a change in leasing terms, and for not manually adding the extra fee for going month to month to my balance. Now, they’re trying to reclaim their money.
Here are two sections from the lease that apply or may apply to my scenario: “TERM. This Lease will begin on the Beginning Date and will continue until the Ending Date. If neither the Owner nor the Residents*notify*the other party at least sixty (60) days before the Ending Date that this Lease will terminate, then this Lease will continue beyond the Ending Date on a month to month basis until either the Residents or the Owner gives at least sixty (60) days prior written*notice*to the other party that this Lease will terminate. The Rent or other charges payable by the Residents or any other terms and conditions of this Lease may be changed by the Owner after the Ending Date by giving at least sixty (60) days prior written*notice*to the Residents of the change. NOTE: If you want to vacate the Apartment on or after the Ending Date, you must*notify*the Owner in writing at least sixty days (60) before the date on which you want to terminate.”
I should note that the leasing agreement also states the following about what's called “Holding Over” but I’m not sure if it applies to me?:
“HOLDING OVER. In the event that the Residents do not move out of the Apartment by the ending date of the lease, Owner then may, at its option, treat Residents as trespassers. In the event that Residents remain in the Apartment unit after the ending date without a new or renewal lease agreement, and the Owner does not notify the Residents of another total monthly amount, the total monthly amount shall be $300.00 more than the total monthly amount for the month prior to the end date.”
Even if this applies to me, the charge for going month to month should not be "$1807.75."*It should be about $600, correct? I have no clue how the leasing office landed on nearly $2,000.
On probably three different occasions, I called and asked the leasing office what the fee was for going month to month. In most instances, it was a general inquiry and I never disclosed (or was asked) my identity or if I was a current resident. Staff said tenants would be charged the 6-month leasing agreement rate, plus $300. Interestingly, there's no mention of a 6-month or six-month rate in my leasing agreement. The $300 amount only appears in the Holding Over section.
NOTE: They're also charging me for drip pans, a cracked window I did not break, a few stains on the carpet, and drywall repair.
I'm with you that drip pans would be normal wear and tear, but then again, it probably had wear and tear before you moved in for your short term lease. Sounds like he is nickle and diming you. Were the carpet stains there when you moved in?
I have some bad news for you, Michigan does not look like a tenant friendly state. It looks like it favors the landlords, who it appears can do pretty much whatever they want.
I did find something that said they had to give at least 30 days notice of a rent increase, which may be your saving grace but there is also stuff online that landlords can do what they want with raising rents and month to month leases.
Do you know any of the other tenants that moved out? I wonder if they're having a similar experience.
Best suggestion I have, consider finding an attorney who will give a free consult. Your other options are to ignore it, let him keep your security deposit or pay it if you think he will come after you. I'm reading Michigan landlords have 6 years to go after tenants, so this could follow you, with interest building.
You may want to consider posting in the Michigan section to see if anyone has experience with this since your state does not look like a typical state with rental laws. You really need input from others who have been through this.
I wonder-- does the LL have a copy of the notice they sent you stating that month-to-month rent would cost X? (I mean, surely they can't raise it without letting you know until they charge you past-due extra rent later, so they'll probably claim they notified you?)
I live in Michigan. Can my former apartment complex seek retroactive rent from me? This week, I received what I’ll call a security deposit statement stating that I owe nearly $3000 in damages and retroactive rent. Most of the bill comes from the $1807.75 they claim I owe for going month to month. It literally says “Month to month” and then states an amount with no breakdown. The word “retroactive” does not appear on the document.
Options:
Pay it.
Don't pay it.
Sue in small claims court.
You probably have enough evidence that you only owe $600 for two months.
You'll likely end up paying for some of the rest of it.
My suggestion. Fill out, but don't file, a small claims complaint form for the amount you want. Attach it to a demand letter with a deadline date. File suit if the date passes with no payment.
Don't bluff. Be prepared to sue if you are going to threaten it.
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