Tenant's Rights

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Is a tenant (whose present lease will not be renewed after the end of May 2012) entitled to a copy of the previous tenant's itemized list of damages? Thanks.

Attorney Answers

2
James T. WeinerBusiness AttorneyFranklin, MI ·
I believe tenants are entitled to the previous tenant's itemized list of damages, However, the Michigan Landlord Tenant Relations act does not specifically say when a Tenant must request it... and they should have requested it at the beginning of the lease when they returned the checklist initially. My reasoning: The checklist must contain the following notice in 12-point boldface type at the top of the first page: You should complete this checklist, noting the condition of the rental property, and return it to the landlord within 7 days after obtaining possession of the rental unit. You are also entitled to request and receive a copy of the last termi¬nation inventory checklist which shows what claims were chargeable to the last prior tenants. MCL 554.608(4). Therefore, it is law that the Tenant can get it.. but if the Tenant did not request it at the time the checklist was originally completed when they moved in and it was lost or misplaced (think a 10 year tenancy) then it would be very difficult to enforce this provision and unfair to landlords after a lease is about to expire. I question what utility it would be after the lease is over anyway.. since a landlord may have completely remodeled between tenants.... so the new checklist that the tenant singed would tend to be more accurate..
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Christopher Ebbott ·
There is nothing that specifically gives you the right to anything to do with the prior tenant. You should have your own from the move in, and if there is an issue after you move out with the condition of the premises you could compare your itemized list of damages pre and post occupation. If suit is filed you may be able to compel it through discovery if that would assist your defense of it being a pre-existing condition.
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