Landlord Conflict Management FAQ

There are a countless number of issues that can arise as a result of a Landlord-Tenant dispute. The following options represent some of the most common issues facing landlords.

Click on the topics that applies to you for more information.

Non-Payment of Rent

This, far and away, represents the most common source of Landlord-Tenant related conflict.

Simply put, if your tenant has not paid rent for a period of time that results in a breach of contract, then that is grounds for eviction proceedings. For instance, if the rental agreement unequivocally states that rent is due on the first of the month, and it is paid on the second, then technically, that is grounds to begin eviction proceedings. More realistically though are contracts that state that rent being 30 or 60 days past due will lead to eviction proceedings.

Eviction proceedings are expensive (oftentimes exceeding the amount of past due rent!) and time consuming. Please use this service intake form to see if ESCRO can help facilitate an alternative resolution to your dispute that could potentially save money, as well as a relationship.

Excessive Damage at the End of the Lease Term

Michigan State Law allows for what is termed “normal wear and tear.” This concept is highly subjective. What constitutes normal wear and term to one person may seem like extensive destruction to another.

If you as a landlord feel that your property has been excessively damaged, it is not legal to arbitrarily retain the security deposit. There are extensive protocol in place that call for the security deposit to be held in a third party escrow account while the dispute is settle. This process itself can be as involved and time consuming as litigation.

Please visit this service intake form to see if ESCRO can help resolve this dispute without the need for a third party account being opened, and the expensive litigation that may come as a result.

Refusal to Vacate at the Conclusion of the Lease

This is essentially a form of “squatting.” Michigan’s “squatter” laws are some of the most extensive in the country and can be quite unwieldy.

The vast majority of the time, a legitimate tenant who stays beyond the lease date is not looking to “squat,” i.e. stay in your property indefinitely. Usually, there are extraneous factors that they are trying to resolve, and they fully intend to leave the subject property. Eventually.

Contact ESCRO to help expedite the matter without the need for court intervention.

Dispute Over Security Deposit

A fact that seems to be overlooked during the course of these types of disputes is that the security deposit must be held in an third party escrow account (note: ESCRO doesn’t offer this) until the dispute is resolved.

Furthermore, Michigan state law allows for “normal wear and tear” to occur over the life of the rental agreement. Normal wear and tear is not grounds for forfeiture of security deposit. Tenants, and a surprising amount of landlords are not aware of these facts.

To see if ESCRO can help avoid unwelcome surprises and the subjective debate as to what constitutes “normal wear and tear”, and potentially the time and cost of litigation, please submit a service intake request.

Return to Rental Housing Conflicts start page.

Hand Issuing Keys to Rental Property