Transcript Rental Housing Clinic - Michigan State University College

Rental Housing Clinic I
MSU
Classroom & Practice Components
Course Description
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The Rental Housing Clinic I course covers the
basics of landlord-tenant law, including creation of
tenancy, the rights and duties of the parties, leases,
violations of leases, termination of leases, and
eviction. The course also covers the litigation
process as it relates to landlord-tenant law. Students
will be assigned actual clients with rental-housing
problems and will, with supervision, act as legal
counsel for these clients. Representation may
include dispute resolution, mediation, or litigation
depending on the particulars of each individual case.
Clinical Residents undergo continuous
evaluation, earn grades, and receive
course credit.
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Course Credit: Three credits are awarded for
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Grades:
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Evaluation:
successfully completing the clinical program.
A = Excellent, B = Good, C = Satisfactory,
D = Inadequate (but passing), and F = Failing.
(Plus and minus grades fall in between.)
In addition to classroom preparation
and assignments, students are evaluated on their
progress in further developing the fundamental
lawyering skills essential for competent
representation and their commitment to the values
of the profession.
Clinical Evaluation
See Overview from MacCrate’s report, pages 138-141.
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Fundamental lawyering skills include the
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Values of the profession include the
following: problem solving; legal analysis and
reasoning; legal research; factual investigation;
communication; counseling; negotiation; litigation
and alternative dispute-resolution procedures;
organization and management of legal work; and
recognizing and resolving ethical dilemmas.
following: providing competent representation;
striving to promote justice, fairness, and morality;
striving to improve the profession; and professional
self-development.
Office Behavior & Dress Code
Act and dress professionally
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No blue jeans, sweat pants, or shorts—ever.
All court appearances require suits.
Clinic office hours, meeting with clients, and off-site
community-education presentations require
appropriate business clothing.
Time Requirements for
Classroom and Law Practice
Like an externship placement, students are required to
work 12 hours each week, onsite—at the Clinic offices,
for 14 weeks—168 hours, in addition to their regularly
scheduled class session.
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Classroom
Ten 1¼ -hour lecture sessions
One weekend day (Sat or Sun) for
boot camp
Mandatory Rounds, discussing and
reviewing client calls & files in a
group setting
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Practice
168 Hours, onsite, for:
New client intakes, handling calls
and walk-ins.
Research/case file management,
working on assigned client files.
What standards of legal practice are
expected of a Clinical Resident?
 Students are allowed to practice law
under Michigan’s Student Practice
Rule, MCR 8.120—but only with the
court’s permission and only under
clinical attorney supervision.
 Students must follow Michigan’s:
1. Code of Professional Responsibility
2. Civil Practice Court Rules
3. Rules of Evidence
The Reference Manual includes:
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Security Deposit Act
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Written Lease Act
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Eviction Act (substance)
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Eviction Court Rule (procedure)
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Consumer Protection Act
See one-page timeline. T&L Guide pp 7-10.
See Model Residential Lease Agreement. T&L Guide pp 3-6;
see also Subleasing pp 11-12.
See two-page timeline. T&L Guide pp 13-19.
Fast-paced civil procedure;
see two-page timeline. T&L Guide pp 13-19.
Attorney-fee awards are possible for finding even one out of 33
unfair trade practices
The Reference Manual includes:
(cont.)
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Civil Rights Act
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Lockout Law
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Lease Covenants
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Federal Fair Housing
Know federal, state, and local protected classes. (East Lansing
includes students and sexual orientation.)
Best written statue ever—unlawful actions, exceptions, claims
for recovery, no waivers, and statue of limitations all in one
place! “Any person who is ejected . . .” Any tenant . . . whose
possessory interest has been unlawfully interfered with by the
owner, lessor, . . . or their agents . . .”
“fit for the use intended by the parties . . .” “reasonable repair .
. . comply with the applicable health and safety laws of the
state and of the local unit of government . . .” Be familiar with
the local Code Enforcement Office.
Know list of protected classes.
The Textbook
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Clinical Legal Education; A Textbook for
Law School Clinical Programs, by David
Chavkin, 2002 Anderson Publishing Co.
Learn about client interviewing
Fact Investigation
Client counseling
Collaboration
What is a tenancy?
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A tenancy is created when the owner of real property
conveys to another a lesser interest in the property for a term
less than that of the owner’s for valuable consideration, thereby
granting another a possessory interest to use and enjoyment
the premises during the period stipulated.
It’s different from an easement or license, which simply
involves permission to do some act on the land of another, but
conveys no possessory interest.
How are tenancies created
and how are they terminated?
Tenancy at Will
or
Periodic Tenancy
Tenancy for Years
or
Definite Period
Tenancy at
Sufferance or
Hold- Over Tenancy
Look for indefinite period
of duration.
(Includes month-to-month
and week-to-week.)
Look for certainty of
duration—a starting date
and an ending date.
Elements: 1) obtained
possession legally; 2) the
right to possession ended;
3) remained in possession
without the owner’s
consent.
Created by actual or
implied consent.
Created by express
agreement (written or
oral).
Created by operation of
law only—just short of
being a trespasser.
Terminates with proper
notice, governed by MI
statute MCL 554.134.
Terminates automatically Terminates with proper
at the end of the period
notice, governed by MI
specified.
statute MCL 554.134.
MCL 554.134. Estates at will, by sufferance, or from
year to year; termination; lease termination based on
allegations of controlled substance use
(1) Except as provided otherwise in this section, an estate at will or by sufferance may be terminated by
either party by 1 month's notice given to the other party. If the rent reserved in a lease is payable at
periods of less than 3 months, the time of notice is sufficient if it is equal to the interval between the
times of payment. Notice is not void because it states a day for the termination of the tenancy that
does not correspond to the conclusion or commencement of a rental period. The notice terminates
the tenancy at the end of a period equal in time to that in which the rent is made payable.
(2) If a tenant neglects or refuses to pay rent on a lease at will or otherwise, the landlord may terminate
the tenancy by giving the tenant a written 7-day notice to quit.
(3) A tenancy from year to year may be terminated by either party by a notice to quit, given at any time
to the other party. The notice shall terminate the lease at the expiration of 1 year from the time of
the service of the notice.
(4) If a tenant holds over after a lease is terminated pursuant to a clause in the lease providing for
termination because the tenant, a member of the tenant's household, or other person under the
tenant's control has manufactured, delivered, possessed with intent to deliver, or possessed a
controlled substance on the leased premises, the landlord may terminate the tenancy by giving the
tenant a written 7-day notice to quit. This subsection applies only if a formal police report has been
filed by the landlord alleging that the person has unlawfully manufactured, delivered, possessed with
intent to deliver, or possess a controlled substance on the leased premises. For purposes of this
subsection, "controlled substance" means a substance or a counterfeit substance classified in
schedule 1, 2, or 3 pursuant to sections 7211, 7212, 7213, 7214, 7215, and 7216 of Act No. 368 of
the Public Acts of 1978, being sections 333.7211, 333.7212, 333.7213, 333.7214, 333.7215, and
333.7216 of the Michigan Compiled Laws.
Model Residential Lease Agreement
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Landlord/Tenant/Occupant/Co-signer/Guarantor:
identify and label the parties to the contract.
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Required Notices:
parties’ rights and obligations and 4-day
forwarding address.
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“Joint and Several”:
clients have a hard time swallowing this
legal concept.
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Late Fees/Discounts:
penalize bad behavior or reward good
behavior.
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Security Deposit/Nonrefundable Fees:
the differences.
be sure to know
Model Residential Lease Agreement
(cont.)
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Repair and Maintenance:
check length of tenancy, check who
is responsible, and check method of notice required.
Breach of Lease/Landlord’s Right to Re-enter and
Regain Possession: allows landlord to terminate lease because of
tenant’s breach rather than having to wait and sue for damages only.
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Pets/Service Animals/Companion Animals:
restrict some classifications and cannot restrict others.
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Renter’s Insurance:
replacement policy.
standard policy (fair market value) or
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Sublease/Assignment:
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Changes/Modifications:
signed by all parties.
landlord can
be sure to know the differences.
generally must be in writing and
Security Deposit Timeline
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Numerical Combination:
Move In – 7 – 14 – Move Out – 4 – 30 – 7 – 45
With regard to this timeline, be sure to know both
Landlord’s duties and Tenant’s duties.
Eviction Timeline
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Numerical Combination:
Incident – 7/30 – 10 – 7 – Trial – 10 – Eviction
With regard to this timeline, be able to identify the
various court forms and know where the case is in
the process. Most clients just want to know how
much time they have left before their personal
belongings will be put on the curb.