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Will he have to pay for the door and move out?
One day, in a hick town in Michigan, a power transformer exploded with a loud bang. A person in an apartment complex called the police and told them that the noise was a gunshot from an apartment on the same floor. The police broke down the door of said apartment and left since nobody was there. The apartment renter came home to the broken door and was told he would have to pay for the door and he was given an eviction notice to move out in 30 days. There is a lease for a year. The man is a veteren of the vietnam war, he is disabled, but he can still walk, should he pay for the door. What can i tell him.
The first consideration is that this man has a broken door and no security for his home. He should contact the city attorney's office and file a complaint to have his door repaired immediately. He should also DEMAND, via certified mail, that the landlord fix the door.
Next, he should determine whether the eviction notice has actually been filed with the court (often, landlords will issue an eviction notice to intimidate tenants without any intent to follow through with the court). If it has been filed, then he MUST, by law, receive a copy of the complaint from the court. When he does, he can file an answer with the court. The answer basically states that the allegations in the complaint are untrue and he wants to appear in court to state his side of the story. The court will give him a date to appear in court. He can base his defense on the fact that the landlord has breached his implied covenant of "Quiet Enjoyment" and the implied "Warranty of Habitability" by failing to immediately repair his door; and, for "Harassment" by attempting to evict him for the actions of others. He should bring copies of the original police report, his complaint to the city attorney's office. his certified letter to the landlord and a statement about the blown transformer from the utility company. Hopefully this was an isolated event and he is not known to have fired a gun in the past; and he is not behind in his rental payments; or an otherwise troublesome tenant. He should not pay his rent until after the court proceedings have ended. If the landlord accepts rent from him, the court filing is negated and they will have to refile. He should, instead, hold his rental payment in escrow until there is a judgement issued by the court. The landlord's complaint will probably be based on he "Undesireable Clause" in the lease. This clause is usually used to evict drug dealers and people who damage the property or constantly disturb their neighbors.
He should win the case and have his door repaired. And be restored to his normal, peaceful life.
