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Questions Answered by Michael Zamzow
2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Is it legal for a trucking company to refuse employment to a driver if they are over a certain weight?

The trucking company is out of Oklahoma. This person is physically able to perform all required job duties and have passed a DOT physical

Michael Zamzow
Michael Zamzow
answered on Jul 26, 2022

That's an interesting question, and possibly. Michigan does offer protection, via statute, from weight discrimination. An Oklahoma company, operating in Michigan, might fit under Michigan protections. It might not though.

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3 Answers | Asked in Real Estate Law for Michigan on
Q: In disclosure the seller said a hot tub would not stay. We asked to keep in via the PA, they signed it. Who has rights?

The sellers are now saying they will not leave the hot tub despite the PA agreement they signed. Not sure how to proceed.

Michael Zamzow
Michael Zamzow
answered on Jul 26, 2022

I would ignore the seller's disclosure statement. The later executed purchase agreement controls the contractual relationship. The seller's must comply with its terms.

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2 Answers | Asked in Landlord - Tenant for Michigan on
Q: I received a notice that my landlord was increasing the rent on my apartment by almost 9%. I can't afford this.

The notice was found outside my apartment door on my mat. Today is 7/15/2022, and the rent is scheduled to increase on 9/01/2022. It says that if I don't agree to the increase my lease will be terminated. Can i fight this increase?

Michael Zamzow
Michael Zamzow
answered on Jul 26, 2022

It depends on whether or not you are under a current lease term or under 'month-to-month.'

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1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Is an implied agreement legally binding?

We live out of state and spend summer in Michigan. Called lawn service to cut grass in Mich. Agreed on price . No written contract. Find that they cut grass high so it needs it every week. Only able to afford service every other week. They disagree.

Michael Zamzow
Michael Zamzow
answered on Jun 22, 2022

Regardless of the type of agreement you have, the most important information you could have is... you probably have a contract, and binding. But, what the terms of the agreement are, you'll probably need to hire an attorney and litigate it to ever know for certain.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Does my apartment complex have to give me my security deposit back?

I am in Michigan and my old apartment complex never sent me an itemized list of damages or what they were using my security deposit for and its been over a month. I took a video of me dropping off the letter in their drop box with my forwarding address on it which i gave them the exact day I moved... View More

Michael Zamzow
Michael Zamzow
answered on Jun 22, 2022

There is a particular timeline that must be followed in Michigan regarding security deposits on both the landlord and tenant side. If that timeline hasn't been followed, then you might have a cause of action to file and recover it.

1 Answer | Asked in Real Estate Law for Michigan on
Q: Is a seller liable after closing for misstatements made on disclosure statement.

After closing on my home, but before moving in, my neighbor had his property surveyed. Among other things, there is a semi permanent structure built by the sellers husband, who is deceased, that the survey shows is encroaching on his property. On the Disclosure Statement, the seller stated there... View More

Michael Zamzow
Michael Zamzow
answered on Jun 22, 2022

Just going into the initial question in the title. It is possible you'll have some options. But, you'll want to talk to an attorney about your case, if any.

1 Answer | Asked in Uncategorized for Michigan on
Q: My spouse died in Feb 2022, in Indiana. We have not lived together for 10 years, but never divorced. I live in MI

What am I entitled to?

Michael Zamzow
Michael Zamzow
answered on May 27, 2022

An Indiana attorney should be able to answer those questions for you. There are some states where being somewhat estranged or abandoned may eliminate your otherwise possible share in their estate.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Landlord says sign new lease in 7 days or be evicted and also has last months rent.
Michael Zamzow
Michael Zamzow
answered on May 27, 2022

Well it sort of depends on where you are in the tenancy and what the landlord means that you will be evicted.

Hypothetically, if your lease expired or your otherwise you're under a month-to-month tenancy and imagine that on Monday the 23rd the landlord told you to sign or you're...
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1 Answer | Asked in Uncategorized for Michigan on
Q: Can a non profit 501 c3 organization lose their non profit status if they earn too much income in one year?

I work for a non profit swim club and we are wondering what the limit of earned income and reserved income we can hold onto with out losing our non profit status. We are following all the other non profit policies, but cannot find a clear answer for this. Thank you.

Michael Zamzow
Michael Zamzow
answered on May 24, 2022

You should talk to your general counsel, if you don't have one, you should probably get one.

1 Answer | Asked in Contracts for Michigan on
Q: Can a comapny keep your last check bc you didn't stay a year because they gave you a sign on bonus?

My husband took a new job and I had to stay home with our son and the company I was at kept my last check my when I hired on I got a sign on bonus well I guess I signed an agreement saying if I didn't stay a year I had to pay it back

Michael Zamzow
Michael Zamzow
answered on May 24, 2022

Without seeing any agreements it's difficult to point you in the right direction. But, probably not. However, they would probably have a pretty clear path to obtaining your sign-on bonus, even if it required a lawsuit. Whether that means all of the sign-on bonus or a fraction of it, again, depends.

1 Answer | Asked in Contracts and Employment Law for Michigan on
Q: Does a job need parental consent in order for a minor to be employed?
Michael Zamzow
Michael Zamzow
answered on May 24, 2022

It's probably not entirely helpful to send you to read a statute, but there is a pretty helpful website from the State of Michigan that discusses the boundaries of the Youth Employment Standards Act (YESA). It doesn't appear as though a minor 16 years or older requires a parent's... View More

1 Answer | Asked in Contracts for Michigan on
Q: Can my accepted PA be terminated by the seller when I submit addendum to an issue found in the inspection
Michael Zamzow
Michael Zamzow
answered on May 24, 2022

An addendum is probably not enough, by itself, to permit the seller to terminate the purchase agreement. Usually an addendum is an offer to modify the contract and not a termination of a contract coupled with an offer to reform the contract under new terms. But, there's really no way a lawyer... View More

2 Answers | Asked in Landlord - Tenant for Michigan on
Q: Is it legal for apartment management to tell a tenant they would only respond by email?

When a tenant request copies of paperwork in their file, is it legal for them to refuse to give the tenant a paper copy?

Michael Zamzow
Michael Zamzow
answered on May 24, 2022

Like Mr. Geers says, probably not illegal, but also likely unreasonable.

I could imagine a discrimination based complaint where a practice like this is discriminatory against persons who don't have ready access to a device that connects to the internet. But, there would need to be a...
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2 Answers | Asked in Employment Law for Michigan on
Q: Our handbook states need of 2wk notice to quit to get paid PTO. My employee gave 8 days notice in MI. She says I owe her

She told our Manager and asked her not to tell us because the employee said she’d tell us. When she told me over the phone, after working together for the whole week, it was 8 days notice. I feel since our employee handbook states 2 weeks required to get paid out PTO, I’m being just. She’s... View More

Michael Zamzow
Michael Zamzow
answered on May 24, 2022

Did she work 8 out of 10 work days? Did she work 8 days out of 14 days? It sounds like no matter how you cut it, she probably didn't work two weeks, but it is almost never that simple. Did she work 8 days separated by a weekend? Why didn't she work 2 weeks? She told your manager that she... View More

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1 Answer | Asked in Family Law and Gaming for Michigan on
Q: Can my parents smash my stuff if I bought it with my own money

I'm 19 and live at home with my parents and right now we're in an argument and they're threatening to smash my PS5 that I bought with my money and I told them that they can't do that is that true

Michael Zamzow
Michael Zamzow
answered on Apr 8, 2022

Well, think about it from a big picture. While, it is true that they cannot damage your property, if they do damage your property you're only reliable remedy is a lawsuit against them. It is also true that your parents can evict you. Every familial situation is different, you might look back... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my landlord give me less than 30 day notice when increasing my rent and adding on new fees(trash,water and gas)?

Utilities/trash were never apart of the agreement either.

Michael Zamzow
Michael Zamzow
answered on Apr 8, 2022

Probably not. Most tenants are under a lease or month-to-month terms, in those cases, a landlord can generally only raise rent or change the terms to begin follow the expiration of the lease, or with at least a month before the next rent payment is due.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: New owner claims 30 days notice for rent increase isn’t required, since I only had an oral monthly agreement.

After my 12 month lease i went to a verbal monthly agreement with my previous landlord. Someone bought the place and is trying to give me 7 days notice for a rent increase and wants a lease signed then as well. He thinks since I only had an oral agreement with the old owner he doesn’t need to... View More

Michael Zamzow
Michael Zamzow
answered on Mar 14, 2022

There is something called the Michigan landlord tenant handbook that is free through the State or Michigan State University, and it will have your answer in there as well as some other helpful information.

But, your instinct is correct, 7 days notice is not sufficient in a month-to-month tenancy.

1 Answer | Asked in Animal / Dog Law for Michigan on
Q: My dog was bitten by another dog and is currently at the vet. What should I do

My dog and I were at a dog park when another dog, out of nowhere, ran up and bit my dog's leg. My dog did not provoke the other dog as she was in my arms when this happened. My dog is currently at the vet and is being checked on, but they're saying it could cost $1,500 or more and I feel... View More

Michael Zamzow
Michael Zamzow
answered on Mar 14, 2022

You could sue the owner of the dog who bit your dog, small claims might be an option. It might also depend on the rules or standards of practice at the dog park.

1 Answer | Asked in Family Law for Michigan on
Q: The FAMILY Trust trustee just closed the Family Trust bank account and put the $117K in an account with just her name.

What happens to that money if the trustee dies?

Michael Zamzow
Michael Zamzow
answered on Mar 14, 2022

Probably a mess.

1 Answer | Asked in Employment Law for Michigan on
Q: Is forcing waitresses to pool tips with the owner illegal
Michael Zamzow
Michael Zamzow
answered on Mar 14, 2022

That is a tough answer to pin-point without a more exact question.

Michigan defaults to the FLSA, and the section 3(m) changes promulgated in the Consolidated Appropriations Act of 2018 (CAA). This regulation was finalized fairly recently, while I can't know exactly what you're...
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