Post by Admin on Jul 30, 2012 22:10:54 GMT -5
Process for withholding rent outlined by Michigan Legal Aid:
www.michiganlegalaid.org/library_client/resource.2005-05-30.1117489737707/html_view
Tenants:
Concerning paying "rent" for August 2012, the fact that this building is illegal and has - as it currently stands - a vacate & desist order in place set to be enforced half way through the month, really creates considerable confusion on how to proceed.
Everyone should do what they feel is best for them!!!
The safest route is still always going to be: to continue as you have been, to pay August 2012 rent (still can be refunded if taken to court), send a certified letter stating management has 30 days to provide you with a copy of official Certificate of Occupancy or, after that time, you WILL BEGIN withholding rent and putting it in to escrow* account until you receive a copy of the COO. And then hope you can stay to the end of the month. If an extension for the building to remain occupied for a longer time is granted, you would have followed proper steps to withhold rent until copy of this certificate is provided.
*Escrow: A separate & unique bank savings account for the withheld rent only or account that can be set up downtown at 36th District court Landlord-Tenant area.
No matter how you chose to handle August 2012: As many people as possible should send certified letters asking that a copy of an official Certificate of Occupancy be supplied to them within 30 days.
And if you will be withholding August 2012 rent, please make sure to at least notify management in writing as to why and send this notice as a certified letter. Make sure to request a copy of Certificate of Occupancy.
www.michiganlegalaid.org/library_client/resource.2005-05-30.1117489737707/html_view
Tenants:
Concerning paying "rent" for August 2012, the fact that this building is illegal and has - as it currently stands - a vacate & desist order in place set to be enforced half way through the month, really creates considerable confusion on how to proceed.
Everyone should do what they feel is best for them!!!
The safest route is still always going to be: to continue as you have been, to pay August 2012 rent (still can be refunded if taken to court), send a certified letter stating management has 30 days to provide you with a copy of official Certificate of Occupancy or, after that time, you WILL BEGIN withholding rent and putting it in to escrow* account until you receive a copy of the COO. And then hope you can stay to the end of the month. If an extension for the building to remain occupied for a longer time is granted, you would have followed proper steps to withhold rent until copy of this certificate is provided.
*Escrow: A separate & unique bank savings account for the withheld rent only or account that can be set up downtown at 36th District court Landlord-Tenant area.
No matter how you chose to handle August 2012: As many people as possible should send certified letters asking that a copy of an official Certificate of Occupancy be supplied to them within 30 days.
And if you will be withholding August 2012 rent, please make sure to at least notify management in writing as to why and send this notice as a certified letter. Make sure to request a copy of Certificate of Occupancy.