Legal Question in Landlord & Tenant Law in Michigan

I was on a Joint Rental Lease Agreement with a room mate. My room mate had failed to pay his portion of the rent for two months. I had to cover his portion for those months (total of $900). The same thing happened a third month and I refuse to pay both of our portions. I decided to move out and let it go to court. Now, when the court date was scheduled I was on a business trip in Africa and could not re-schedule or attend the hearing. However, my room mate was able attend the hearing.

Since I was not at the hearing, a default judgment was entered against me. Stating that either I pay $2603 or move out. A judgment was entered against my room mate stating that he owed the amount if he stayed or move out. When I spoke to the court about the judgments they ensured that this would not effect my credit and that my room mate is solely responsible for the balance since she was the one to appear in court.

However, I've been receiving collection notices and phone calls stating that I now owe a total balance of $3800 (this includes an additional month of rent the landlord added on and also to replace carpet for a stain that did not exist). I spoke to the collection agency and they stated that it will go on my credit report if not paid in full. I tried to arrange payments but they refuse to accept any payment without putting it on my credit report. My questions are: Can a landlord go against a judgment and add money to an ending balance? If I have a judgment stating that I am not responsible for the balance, is it illegal for the creditors to put it on my credit report? Also, my room mate still owes me the $900 dollars for the rent I paid. Should I sue him for that amount and also for the remaining balance for the rental agreement (if it goes on my credit report)?

Thanks you!


Asked on 1/06/11, 7:56 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You need to have a lawyer review your documents. If you haven't let the statute of limitation lapse on your $900 claim against your room mate, it may still be available to pursue. On the other hand, if he claims that all disputes regarding the lease and money owed were litigated and you failed to show up (the court doesn't care where you were, you didn't notify the court that you needed an ajournment), then that opportunity may be lost. (Was this a small claims action, and were you properly notified?) It sounds as if the court divided the amount claimed by the landlord between you and your room mate. The only way that the landlord can keep any of your damage deposit is by having your agreement in writing, or with a court order. He may not collect (under the judgment) more than the amount stated on the judgment. He may be adding his own version of what you owe, and instructing the collection company to collect it.

If he is attempting to collect damages, without going through the proper steps in court, he may owe you triple damages for violating state law. This is another reason that you need to see a lawyer to have your case reviewed, determine the facts and apply the law to the facts.

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Answered on 1/12/11, 4:26 am


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