Bob 0:04 It's time for conversations with Kimm where we speak with lawyer Kimm burger from the KB Law Office in Hillsdale and Kimm a timely topic, this time around where we're talking about tenant landlord situations. Now, we've talked about in our news, the National thing about where tenants have been able to not have to pay rent, you can't kick them out a victim because of the Coronavirus and stuff. But before we get to that, let's talk a little bit about that agreement between landlord and tenant. Is it a solid 100% contract that what it says goes type thing? Kimm 1:25 Yes, it's like any other contract you would enter into paying for your car. It is you have enough details in that contract for your lease or your rent, that you know exactly what's going to happen. You know how much rent you're going to pay when it's due what you can or can't do to the structure and what the landlord can and can't do. So that's all in there. And if you have a problem, then you can go to the courts to rectify that problem. Bob 1:51 So let's take each one first of all, what rights does a tenant have? So once they sign that contract, and they they're into their apartment, or their home or whatever they're, they're renting or leasing? What rights first of all does the tenant have? Kimm 2:05 the tenant has a right to have a home that they can live in, you know, they talk about the slumlord. So the landlord can't come turn off your electric turn off your gas, you have a right to live in that home, even if you're not necessarily paying rent, you still have that right. Now, if you're not paying rent, then there's a whole nother avenue that landlord can go. Bob 2:26 Do you have the right to privacy? Because I know a lot of people that rent say, Well, every now and again my landlord just pops in because technically it's his apartment. But does the tenant have a right to privacy? Kimm 2:39 Yes, of course, just like anybody else. However, the landlord also has the right to go in and inspect the premises to make sure you're not doing something illegal or that you're keeping up with a contract, you're not damaging it. But they have to give you notice that they're coming in, they can't just show up and say, Hey, I'm here. Let me look at your apartment. Bob 2:57 So then on the other side of the coin, what rights does the landlord have? It's his property. Kimm 3:02 Again, the landlord has the right then to come on to the property and inspect the property with the proper notice, they have the right to obviously get paid for them living in the apartment. And they have the right to make sure that the apartment comes back to them in the manner of which it was given to the renter. Bob 3:18 So say you sign a one year contract and that one year is up and you decide not to does do you have a certain amount of time to move out? Or can the landlord say, Hey, your contract ends on the 30th of the month, you better be out by the 30th? Or else. Kimm 3:34 Yes, the day that your contract ends you should be out. Obviously, that's where the problems arise where they say I'm not getting out my the contract ended. I don't care what you say I'm gonna stay in there. But the renter can also hold over and still pay rent. And you know, continued the contract. But it turns to a monthly lease. So. Bob 3:56 So then let's talk about the eviction process. So something happens you don't want to move out the landlord wants you have the contract has ended. How does the eviction process work? Kimm 4:07 The landlord would have to provide the tenant with a notice to quit or basically you have 30 days to get out, or I will file the eviction notice with the court so it's just initial paper they sign send to you and give you notice of what their intent is. Bob 4:23 And if you don't follow that notice can the landlord then just come in and you know, with his key and start hauling all your stuff out to the curb? Kimm 4:32 Absolutely not the if the they haven't removed themselves from the premises within that 30 days. The landlord then has to file an eviction process through the court system and get orders from the court actually evicting them. Bob 4:47 So when that happens, then who evict the people? I mean, can the landlord hire a company? Do the police come in and remove the people? How does that work if it gets to that point? Kimm 4:59 If the tenant hasn't removed themselves from the apartment home or whatever they're renting within that timeframe and they go into court, then you would basically the court is going to order that the sheriff department go in and remove them. Bob 5:14 What happens to the stuff, say at the end of 30 days or whatever, the people say, Fine, we're out here, but they leave all their stuff, does that automatically become the property of the landlord? Or can the people say, hey, I need to come back and get it? How does that work? Kimm 5:30 That's the tricky part is because when they get out, or if they're evicted, are they actually abandoning their property? Or they're being forced out? Usually, they kind of try to force everything out at the same time. But that that's when problems really arise. They the renters who say I wanted my property, and then the landlord just destroyed it. So is the landlord now liable for that property? Or, or, you know, did they run or abandoned it by not taking it with him? So that's a really tricky subject. So the renter, if they're getting evicted, needs to take all of their stuff with them at the same time. Bob 6:05 Now, I've also heard that there are certain times of the year where you cannot be evicted, like if it's below 30 degrees or something like that. Is that the case? Or does not that play in? Kimm 6:16 No eviction is any eviction? Bob 6:19 Well, I had heard that, you know, they can't evict us because it's 20 below zero and can't throw us out on in the street because it's cold. But that's not the case? Kimm 6:26 Not that I've ever heard of. Bob 6:27 Now, can they can the tenants then retain your services or a lawyer services to try to fight the eviction? Kimm 6:36 Yes, of course. And the courts also do have eviction courts or track, so they try to mediate between the landlord and tenant, so the evictions will stay off the tenants record. So that way, if they try to get another apartment, it doesn't necessarily show up. Bob 6:53 And I would assume that on the landlord side, before they even think about renting anything out, they should get with a lawyer and make that contract and make sure that everything is legal and on the up and up. Kimm 7:06 You should have a lawyer review it just to make sure of what you're putting in there is actually legally, you're legally able to put in there. Or you know, you're not missing something that you hadn't thought of. Bob 7:17 Because I think a lot of things, well, they say Hey, I'll rent an apartment, but no pets. And then, you know, two or three months later, there's a kitten, there's a puppy, and well Don't tell him and he's quiet. So the nut doesn't bother the the other residents say the apartment complex, it can get tricky. Kimm 7:33 It can if there's no clause in the contract that says you can't have an animal, then you can have an animal because you're not saying it's not if there's a clause that says you can't, then that gives the landlord the right to evict you because you're violating the contract. Bob 7:48 Now a couple of other things in about that contract, I would assume that the landlord can't just come to you midway through the contract and say, Hey, you know, they jacked up the electrical rates, or they jacked up the gas prices. So now I have to double your rent. They can't do that. Kimm 8:02 No, if you have a contract that says that the landlord is paying for the gas or utilities, and something goes up, or the tenants are using more than you thought they would, you're kind of on the hook for it. Because you've put that in there, the best option is to make sure that the renters are paying their own utilities. Bob 8:18 And I would imagine that the best thing to do is make sure you read that contract before you sign anything. Just to make sure there isn't any one of those weird little things in there that you can't come back and say, Well, I didn't know. Kimm 8:30 Correct. Most people just say whatever and just sign you know, we're all in that habit. We don't care we just signing but that could be a very big issue when it comes to your home. Bob 8:39 So if you're getting ready to rent or if you are a landlord and you're getting ready to rent things out, make sure you check with a lawyer first make sure you double check that contract that to everything is on the up and up and everybody's happy because the last thing you need is bad blood between landlord and tenant because it just goes from there. Kimm 8:56 Yes, it just goes south. From there. It usually doesn't get any better. Bob 9:01 And that's the last thing you need when you're trying to have home sweet home. Now if somebody does need to retain the services of Kimm Burger how do they get in touch with you? Kimm 9:10 You can email at kimm@kburgerlaw.com or you can call our office at 517-797-6021. Bob 9:19 And join us next month as we discuss another topic with lawyer Kimm Burger on Conversations with Kimm.