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Questions Answered by Thomas. R. Morris
1 Answer | Asked in Contracts for Michigan on
Q: Charging more for cutting grass and not letting me know.

I just received a bill for 6 weeks, and the price is $24 more than I usually pay. They did not let me know it would be going up.

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 23, 2022

Unless there’s a written contract that provides for your agreement to a price increase or surcharge, you nave a point. Your agreement in some form to a price increase is required. But if you agreed to a long-term arrangement, you owe at least the lower price. I suggest that this be worked out... Read more »

1 Answer | Asked in Collections, Contracts and Probate for Michigan on
Q: If a car has a clean title with no lean against do I have to pay the payments after my husband died?

When he took out the loan we were told they didn’t process it right an d we had to get the title. This loan person was not nice told us we had to car DMV in Ohio to get it. I refused it was 4 months of driving without plates. She finally got the title and gave it to him we transfered it and now... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 21, 2022

If the vehicle is titled in Ohio, I recommend that you hold out for an answer from an attorney in Ohio. I am not, so I am going to give a brief answer based on Michigan law.

I do not see a reason to agree to have a lien evidenced on the title. However, if the vehicle is titled to your...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: I’m buying a house on land contract the seller is trying to switch contracts what can I do
Thomas. R. Morris
Thomas. R. Morris
answered on Jun 16, 2022

You have not provided enough information for a meaningful response. However, if you have a signed and enforceable land contract, the seller cannot change the terms without your agreement unless the contract provides for the change. You may wish to consult an attorney.

3 Answers | Asked in Real Estate Law for Michigan on
Q: we sold our cottage on a land contract. The buyer is asking for a quitclaim deed so she can get help with repairs since

she is now handicapped and habitat for humanity is saying she needs this in order for them to help her out. My concern is the loss of money owed to fulfill the contract.

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 24, 2022

Your concern is well placed. If Habitat require that the buyer be the owner, you could give a deed in exchange for a mortgage.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: How do I file a lawsuit against a company I paid to transfer a timeshare, but now refuses to answer phone calls

The company is headquartered in Indiana, I signed the contract in Michigan.

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 14, 2022

We don’t have enough information to determine which state has jurisdiction, and the proper venue for a suit. There may be diversity jurisdiction in federal court. Consult with an attorney to determine whether, and where, to file suit.

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1 Answer | Asked in Contracts, Family Law, Land Use & Zoning and Landlord - Tenant for Michigan on
Q: Can I trespass someone from someone else's property with their permission?

For example, an uncle of mine owns a home near me in Michigan, but now lives in Kentucky. He allows his brother to stay in the house as long as he follows set rules. One of them is that he can't have his homeless friends hang over and stay the night. With him in Kentucky, it's hard to... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 8, 2022

Your uncle could appoint you as his agent, giving you authority to act on his behalf. This does not necessarily need to be in writing, but under some circumstances, you might want to have it in writing. I don't know what it means to "trespass the undesirables from his property", so... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can my landlord raise my rent without a 30 day notice?

My lease is up March 31st. I let my apartment complex know March 12th that I would be moving out by May 14. I was never given anything about renewing my lease or going month to month. I was never given anything about my rent increasing on April 1st until March 12th and they said they are allowed... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 31, 2022

If your lease is up on March 31 and you don't leave by that date, you are a holdover tenant. If the lease addresses the issue of holdover rent, the lease provisions apply.

You were certainly entitled to receive a copy of the lease when you signed it, but I am not aware of a...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: My father and mother passed away In 2018. There are still renters at one of their properties. They have been there over

10 yrs. The agreement was for them to pay property taxes for rent. I have not been able to hire an estate atty to get this switched to my name. My brother wants them to have the property free of charge. My parents left a Will with me as executor back in the 1980’s (before I was 18). So these... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 23, 2022

I agree with the prior answer generally, but it seems to me that the tenants either stayed beyond the expiration of the written lease, or there was no written lease.

In either event, they occupy the property on a month-to-month basis. The question then becomes: Who has the authority to...
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2 Answers | Asked in Appeals / Appellate Law for Michigan on
Q: Is it possible to appeal for a warning arrest letter that been issued for innocent person since more than 15 years ago?
Thomas. R. Morris
Thomas. R. Morris
answered on Mar 21, 2022

There is no "appeal" from this in the sense of a court appeal governed by the Michigan Court Rules of the Federal Rules of Appellate Procedure. Mr. Carron's advice about getting in touch with the issuing authority seems sound. If the letter was written 15 years ago, I would assume... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Does a hallway in an apartment building (that has no lock from strangers) count as a common area or not

the hallway doesn’t have any locks to prevent someone from entering the hallway but there are locks on the door

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 13, 2022

Yes, unless the lease defines the term to exclude this space.

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3 Answers | Asked in Real Estate Law for Michigan on
Q: can my ex spouse remove my name off of a home title or mortgage without my signature?

can he pay to do this without my knowledge?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 8, 2022

The answer is that it should not be possible for you to be divested of title to real property without your knowledge. As for having your name "removed" from a mortgage, if you were the mortgagor and the debt secured by the mortgage were to be paid, you might say that you were... Read more »

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1 Answer | Asked in Contracts, Business Law and Landlord - Tenant for Michigan on
Q: in Michigan, own a retail business. Strong winds blew open my door and damaged it and landlord won't repair. Is he righ

Winds blew it open, broke the top seal and bent the metal bar. He claims in the lease the exterior walls and roof, and structural maintenance, repair and replacement of the building and its foundation and that it doesn't include the door.

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 24, 2022

It probably depends upon the wording of the lease. The leases that I prepare for a particular landlord typically provide that the door, which generally requires more maintenance than the non-moving parts of the building, is the tenant's responsibility.

2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a signed contract with a corporation to purchase my property the closing date is tomorrow .

They just sent me a text message saying that they can’t go through with the deal because they can’t get a contractor. However that’s not my problem. Can I take them to court and force them to close.?

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 14, 2022

You will also want to review the purchase agreement to determine whether the purchaser is permitted to terminate the agreement for the reason stated by the purchaser, or for some other reason.

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2 Answers | Asked in Gov & Administrative Law, Consumer Law, Business Law and Constitutional Law for Michigan on
Q: How can the government claim ownership of confederate gold when it was abandoned or intentionaly hidden by confederacy

If the president of the Confederate Treasure left the gold intentionally would that not legally invoke the finders keepers laws? Who initially owned the confederate gold?

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 11, 2022

The federal Confiscation Act of 1862 would apply to gold owned by the Confederate States of America (which the Act did not recognize as an entity), with the result that the United States would own the gold. This is a hypothetical question because the CSA government probably held no gold at the... Read more »

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4 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Are deadbolt Anti-Intrusion devices legally allowed to be used by the renter in an apartment?

I am currently renting an apartment in Michigan and am having problems with the property manager. I placed an Anti-Intrusion device over the deadbolt of my door, for added security while at home. The manager is telling me this goes against my lease agreement, as per a rule stating that locks cannot... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 11, 2022

We don't know whether the landlord would terminate the lease and take you to court, but I think that the court might be receptive to your argument. I do not believe that the landlord has a need or a right to enter your apartment while you are there.

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3 Answers | Asked in Real Estate Law for Michigan on
Q: Can a spouse refinance a home without the others signing if they are on the mortgage
Thomas. R. Morris
Thomas. R. Morris
answered on Feb 10, 2022

No, not if by "refinance" you mean "get a new loan secured by a new mortgage on the home." The grant of a mortgage requires the signature of all owners.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: After a house is sold what can be done if the prior owner won't move. The realtor did not put an end clause at closing.
Thomas. R. Morris
Thomas. R. Morris
answered on Feb 7, 2022

I don't disagree with the prior answer, but there are other ways to read your question because "sold" might mean "under contract".

If the seller, by the date of the closing, has not moved out and the sale agreement provides for possession at closing, then the buyer...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Roommate no contract or lease left Jan 25th aggressively how long does she have to get her stuff and can I change locks

She refused to give keys threatening police if we change locks and doesn't care about giving notice when she will come to get the rest of her stuff. She left at her own free will there was no problems I even called her mom she just went crazy!!!!! I'm in lincolnpark michigan I just want... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 1, 2022

I don't disagree with Mr. Zamzow's answer. He is analyzing the issues based upon the assumption that your relationship with the former roommate created a tenancy. His approach is the cautious one, and it helps to avoid liability, but if liability imposed by a court is a lesser concern... Read more »

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3 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: Sis doesn't want house she & boyfriend bought. BF says he won't pay mortgage. They used her credit. She can't afford.

Sister and her boyfriend bought a house last year. He has been drunk all the time and mean to her and my nephew and she wants to sell the house to move home and take care of sick mom. He's paying the mortgage but they used her credit. He won't sell and says he'll stop paying the... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 21, 2022

A bankruptcy filing for your sister is also an option. We don't have enough facts to evaluate whether it is an acceptable option.

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3 Answers | Asked in Bankruptcy for Michigan on
Q: What should I do I feel like I was pressured into filing for bankruptcy my attorneys office when I was 20?

I am now facing it being possibly discharged due to non payment because I had to take 8 months off of work due to no childcare. Now looking back I don’t think the ramifications were clearly described to me. I filed in January of 2020. I just started work and am going to try and get caught up now... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 29, 2021

It seems like you are looking for validation of a theory that the attorney you hired to file a bankruptcy petition for you is responsible for problems that also involve the high cost of daycare. If your attorney committed legal malpractice, seek advice promptly because you must bring suit within... Read more »

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