Page Eight

THE SUMMER DAILY

Friday, August 24, 197-3-

A closer look at the new tenant bill

By GORDON ATCHESON
In April the state enacted a
law limiting a landlord's right to
establish and collect security de-
posits, but few tenants have
heard of the statute let alone
understand it.
The law, covering all new and
rene%%al Teases signed since April
1, prevents landlords from charg-
ing more than 1% months rent
as a damage deposit.
UNDER THE BILL any pre-
paid rent with the exception of
the first month's constitutes a
damage deposit. Therefore land-
lords can no longer collect the
last month's rent and a deposit
equivalent to one month's rent
in advance, which had been a
common practice.
In other words, a landlord can
only collect the equivalent of 211
months rent before the tenant
4 occupies the apartment.
The law, however, does not
seem to be the perfect answer
to curbing excessive damage de-
posits. The measure fails to set
strictly defined penalties for non-
comoliance and landlords are al-
ready beginning to exploit the
loopholes.
"THE ENFORCEMENT provi-
sions are particular problems,"
says Robert Reed, a Detroit
attorney who helped draft the
bill. But now "the major draw-
back" is simply people's ignor-
ance of the law.
Penalties against landlords who
collect illegal damage deposits
have not been spelled-out in the
bill. Reed suggests a tenant who
has been victimized by paying an

illegal deposit can best recover
the money by suing the landlord.
Washtenaw County Legal Aid
attorney Jonathan Rose, an ex-
pert in tenant's rights, recom-
mends that as soon as a tenant
realizes the deposit violates the
law, he should "withhold an
amount of rent equivalent to the
excess portion of the deposit."
ROSE REASONS that renters
have an inherent legal right to
withhold money if their landlords
h a v e already collected funds
from them unlawfully.
"To get the money the land-
lord would have to go into court
with unclean hands and ask the
judge to save him from the con-
sequences of his own illegal act,"
Rose explains. "And the likeli-
hood of the landlord succeeding
must be considered remote."
Reed has not been completely
satisfied that the law can be ef-
fective and in part blames the
legislators for not including tough
penalties.
"YOU'RE NOT going to get
real penalties because too many
legislators are landlords them-
selves or have firends who are,"
he adds sadly.
To get around the law, local
apartment owners have begun
collecting a security deposit and
the first month's rent well be-
fore tenants actually occupy the
dwellings. They then collect the
second month's rent as soon as
the tenants move in, according
to Rose.
The landlords, for all practical
purposes, receive three months
rent in advance while claiming

the maneuver does not violate

ing the dwelling.

the contested portion of the

the statute. -respond to the landlord's list posit, the landlord is lei
of claimed damages within seven bound to return twice the am
ANOTHER PROBLEM w it h days of receiving the list. retained.
the law cited by both Rose and The list sent by the landlord Moreover any I a n d 1 o r d
Reed is the complex procedure must include an itemized list of sending tenants an itemizedd
through which the landlord re- damages for which money has age sheet within a monthf
turns the damage deposit to the been withheld. If the tenant chal- the renters vacate the pren
tenant. lenges the claimed damages the waives all right to the dat
In order to get back damage landlord must initiate a court deposit.
deposit tenants must: suit in order to retain the dis- "Legal assistance for the
-complete an inventory check puted amount. ant is very important before
list with seven days after occupy- jecting to the landlord's clan
ing their apartments. BUT THE LANDLORD is re- damages," Rose cautions.
quired to file such action no later fact getting legal counsel b
-SEND A FORWARDING ad- than 45 days after the tenant challenging a landlord on
dress to their landlords within moves out. By failing to initiate point has to be the best
four days after permanently leav- court proceedings or returning proach."
McCoy Tyner shows audience

de-
gally
ount
I not
dam-
after
mises
mage
ten-
ob-
med
"in
efore
any
ap-

how real jazz should

By ROB ELI
McCoy Tyner
Baker's Keyboard I.
troit
Personnel: McCoy
ano, percussion;
rence, tenor an
saxophones, percu
Blake, bass; Wilb
drums. The engag.
through August 26
Jazz pianist McCoy
his quartet played
overflow crowd at Ba
board Lounge Tuesda
two hour-long sets ofi
music, Tyner eloque
fied jazz great Oscar
description of him as

E
d
s
,y
e
y
e

73-4AD

0

Bernard could
sleep later and save gas!
Whether you've been studying or partying the night before, you
could forget the rush hour hassle and enjoy a few extra winks each-
morning at our place. If you're invdved in campus activities, you
can walk to meetings instead of driving. Save your gas money for
that special date with your special friend. There are other good
features here you'll like. So ... make the right move.
Come to where the living is easy.
Ili' rsit foVer

Y est living jazz pianist in the
world."
Once a member of the legend-
ounge, De- ary quartet headed by saxophon-
ist John Coltrane, Tyner left that
Tyner, pi- group in the middle '60's and
Azar Law- began more extensive recording
soprano on his own. Since that time, he
sion; Alex has produced numerous albums.
, Fletcher, His distinctive 'style and crea-
ment runs tivity have marked these record-
ings as high lights in the field of
Tyner and contemporary jazz.
before an T Y N E R ' S personal imprint
ker's Key- was in evidence Tuesday night.
night. In A large grand piano stood on
xceptional stage with an accumulation of
ntily satis- percussion instruments at its
Peterson's feet. Unlike other jazz pianists,
'the great- Tyner does not play electric pia-
no, citing an incompatibility of
its "artificial sound" with his
brand of music.
* He supplements his "love of
the acoustic piano", however,
with a wide range of "accessory
instruments" (bells, maracas,
tambourine, etc.), which he feels
easily match the possibilities of-
fered by the electric instrument.
The other members of the
quartet were equally competent
musicians. Azar Lawrence play-
ed both the tenor and soprano
saxophone well, at times show-
ing the influence5of Tyner's for-
mer colleague, John Coltrane.
Alex Brake and Wilby Fletcher
playing bass and drums respec-
tively, provided a rhythm section
well suited to Tyner's style.
Blake's acoustic bass and Fletch-
er's snare-less drums were suf-
ficiently restrained to allow Tyn-
er's delicate playing to be heard,
yet, substantial enough to sup-
port it.
BOTH SETS consisted of two
songs, each about thirty min-
utes long. In particular the sec-
ond set illustrated the ease with
which the group played. The
first tune was a pleasant jazz
waltz. The waltz has a history of
being well treated by the jazz
idiom, and this was no excep-
tion. For it, Azar Lawrence
brought out his soprano saxo-
ATENTIO?
WOMEN'S COM
Organizing Mee
Tuesday,'Aug
' FEMINIST HOU
ALL WOME
Contoct per

be played
phone, and a jazz waltz with a
soprano saxophone cannot be
beaten.
The rest of the set included a
performance of the title song
front Tyner's most recent al-
bum "Song for the New World."
This tune was written for and
performed on the album by a
large ensemble, boasting parts
written for oboe, flute and
strings. The composition suffer-
ed little with the reduction in the
number of musicians. It was, in
fact, enhanced.
Tyner's individual style was
best illustrated in his cadenza
playing. During these five min-
ute solos he explored the main
theme of the tune tonally, rhyth-
mically and dynamically. His at-
tack varied from the harsh and
percussive to the lilting and al-
most pastoral. Yet, throughout
there was the characteristic
clustering of notes that identifies
his playing.
WHEN ASKED later why con-
temporary jazz enjoyed such lit-
tle public notice, Tyner asserted
that "people don't like to listen
to music that makes them think."
He believes jazz is "spiritually
and intelectually upliftig" and
deserving of wider circulation.
Music festivals offer the possi-
bility for increased recognition,
and Tyner was enthusiastic
about those possibilities at the
upcoming Ann Arbor Blues and
Jazz Festival. He considered the
appearance of jazz artists like
Charles Mingus and Ornette Cole-
man and the live broadcast of
their performance over National
Public Radio to be "great."
Asked if he would play at the
Ann Arbor festival Tyner said he
would, provided "I was invited
and they gave me a good piano
to play." Considering the cali-
ber of MccCoy Tyner's talent,
these provisions could be easily
met.
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more information, phone 764-9270.
Friday, August 24
DAY CALENDAR
Music School: Elizabeth Angel, so-
prano, SM Recital Hal, 8 pm.
MUNITY SCHOOL
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