Legal Question in Landlord & Tenant Law in Michigan
Summons and Complaint
Our previous landlord is suing us for $753 for painting and carpet in addition to legal fees.
In the response to the list of damages we asked for itemized cost of material and labor and to bill us accordingly for painting.
For the carpet, they said that they had to replace it because of strong urine odor. As disgusting and as embarrassing as their claim is, I assume they mean because we have a dog.
There was no strong urine odor. When we moved in the washing machine and the garbage disposal had horrible odors coming from them. The water heater broke and flooded the hallway carpet for half a day. Over the course of our tenancy maintenance was in and out of our apartment over 6 times for various issues without any note of urine odor. We also asked for photo evidence which they did not provide. It's also not listed as evidence.
I contacted a lawyer and he basically said that because we had a dog, the burden of proof fell on to us. In the summons they have; our lease, our response to the list of damages, and an affidavit from the site manager as their evidence.
Without access to their maintenance records, is it possible to persuade a judge? I don't even know how to file a written response to the summons.
1 Answer from Attorneys
Re: Summons and Complaint
You are not required to pay for damages due to reasonable wear and tear. Unless you colored on the walls, then you should not be responsible to have them repainted because some damage to the walls is reasonably expected with each tenancy.
In defense of the suit, you can subpoena records from the maintenance department.
If he has an attorney, you should get one too. However, certainly if you are prepared and dress well for court, and act dignified, you will have done as much as you can to persuade a judge. As a lawyer, in reading your inquiry, I was persuaded that you have a defense.
Good luck. If you have further questions, or would like me to assist you, please contact me via my website at www.lawrefs.com.
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