Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kenneth V Zichi
1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: i lived in an apt complex for 5 years. NEVER paid a late fee!!!!!no problems at all. mt lease was up april 30,2020. i h

i couldnt get help to move at that time because of virus closures. i couldnt turn key in till june 6 they are saying i have to pay my deposit back and charging me a mth rent during the initial out break. how can they charge me 800.00

Kenneth V Zichi
Kenneth V Zichi answered on Jul 6, 2020

If I understand the question, you resided in an apartment until June 6 but your lease ended on April 30. That means you 'held over' a little over a month.

Therefore, you owe a little over a month in extra rent on a 'month to month' basis (look at your lease, I bet it...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Michigan on
Q: If I vacate a home I own with another unmarried person in MI, does that person have gain rights to my share of the home?

We have resided together for 20 years (last 10 in MI where the house is). We own it jointly. I have made all the payments and have proof. If I move out, and continue maintaining the home and paying the mortgage, can the other person gain financially when we finally sell due to my not residing in... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 30, 2020

You do not need to reside in a home to maintain an ownership interest in it.

However the nature of the ownership matters. I would suggest you bring a copy of the deed to a local real estate attorney ASAP to review that and ALL the circumstances.

There may well be issues not...
Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can a seller sue me if they sign a contract releasing me from a sale if I add in the verbage clearing of further action

I am days before closing. My uncle recently passed away and those who were willed the home reached out to see if I'd want to buy the house. I understand if I back out of the original home purchase I lose my deposit. I also know the seller can technically sue me for mortgage payments until the... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 26, 2020

It may work, and it may not. ANYONE with $150 can sue for any reason whether or not a lawsuit is technically valid.

That said, IF and only if the release is worded appropriately it can protect you. BUT -- and I can't stress this enough, do not EVER take legal advice from a realtor! Or...
Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Does an "AS IS" offer hold up in Michigan Real Estate Law?

House under contract, Seller countered Buyer's offer and added in the Purchase Contract an "AS IS" clause and was accepted by the Buyer. Buyer had inspection performed and now wants to come back asking for me to reduce price for items that were found on the inspection, even though... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 26, 2020

The facts you state don't completely jive with an 'as is' contract.

Was there an 'inspection' clause? Why would you do that if the offer was really 'as is'? Under the law, unclear provisions are construed against the drafter in most cases.

Without...
Read more »

1 Answer | Asked in Real Estate Law and Animal / Dog Law for Michigan on
Q: Neighbors got a pitbull puppy. Are they required to get a fence or some type of confinement system?

We have a dog and 2 small children. We had an electrical fence installed to contain our dog. We live in Michigan. Are there any laws that required pet owners to get a fence or containment system installed?

Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

In most areas dogs are required to be contained by either some sort of fence (invisible fencing is acceptable) or on a leash when not in direct control of the owner.

The ‘direct control’ is the tricky part. (Think hunting dogs For example, that are allowed to be off leash So long as...
Read more »

1 Answer | Asked in Employment Discrimination for Michigan on
Q: Can I voice record my supervisor due to harassment and retaliation ? I work in a government agency I live in Michigan
Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

This is a far more complicated question than it appears. Michigan law makes it a crime to "use ... any device to eavesdrop upon [a] conversation without the consent of all parties." and further prohibits installing a recording device in a 'private location' without the consent... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Michigan on
Q: How do I form a sole member nonprofit tenant association

Yes, I do. I need help with the formation process and filing for federal grants

Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

For a condo? For HUD housing? For some other purpose? It matters to be specific, but the specifics are not necessarily appropriate in a venue like this that is open to the public.

"Sole Member" non-profits are tricky, and trying to form one without the guidance and help of a local...
Read more »

2 Answers | Asked in Family Law and Probate for Michigan on
Q: Hi I have a question about adult guardianship case. I want to terminate my Father's guardianship case.

Can I have power of Attorney over my parent if someone else has guardianship over him

Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

Court appointed guardianship superceeds previous Powers of Attorney, and if there is no previous power of attorney then being under a guardianship implies you lack capacity to grant a power.

You need to consult with a local probate attorney to determine what you need to do if your FATHER...
Read more »

View More Answers

1 Answer | Asked in Banking, Child Support, Estate Planning and Family Law for Michigan on
Q: I live in michigan and have family court questions that the courthouse couldn’t answer. Who can i call to get answers.

I need help figuring out the legal options i have. My situation is complicated so a phone call would be the easiest route to discuss in further detail. Please help.

Kenneth V Zichi
Kenneth V Zichi answered on Jun 16, 2020

Courts are prohibited by law from providing legal advice. To do otherwise would make them biased by definition and unable to handle a case impartially.

You need to hire your own attorney especially if your situation is ‘complicated’. Your best option is to find a LOCAL lawyer as local...
Read more »

1 Answer | Asked in Health Care Law, Estate Planning, Real Estate Law and Probate for Michigan on
Q: Can my sister set up POA (for legal and medical) while she is hospitalized? She is still mentally competent.

My sister is in the hospital, for kidney disease and another life-threatening illness. She will remain there for another 7 weeks, after which she is expected to get a kidney transplant.  She is mentally competent--understands what the doctors tell her, has normal conversations with us and can... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 16, 2020

The short answer to your first questions is yes, if she is mentally competent she can sign powers of attorney no matter what the state of her physical health is.

The much better answer to all these questions is she should not be making these decisions without the involvement of a local...
Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: How to have a trespassing ban lifted for my childrens father from my hid housing community?

Does the property manager/Board of Directors have the right to indefinitely ban a guest from the property or my personal apartment?

My childrens father , also married but separated has been banned from the complex for years. I was evicted in the past for having him on my property to bring... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 12, 2020

Without examining all the circumstances it is hard to say for sure what is going on here.

Landlords, including those who accept HUD money, have the right to restrict entry to their private property for non-discriminatory reasons. If a person, for example, has damaged property or assaulted...
Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can a property manager in HUD Cooperative permanently indefinitely ban a guest

Brownstown,mi

Kenneth V Zichi
Kenneth V Zichi answered on Jun 12, 2020

You asked this in some detail in another question. Let me reiterate:

Without examining all the circumstances it is hard to say for sure what is going on here.

Landlords, including those who accept HUD money, have the right to restrict entry to their private property for...
Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: My property is from the off door side of my trailer to the off door side of the Neighbors. Can the park change my lease

Can the park change my property line even though my lease states it's one way and the park says its another?

Kenneth V Zichi
Kenneth V Zichi answered on Jun 11, 2020

Can they change the lease During your term of tenancy? Not without your agreement.

Can they change the lease at the end of the term? Yes.

Why would this matter unless they are claiming this means you need to move your trailer?

FAR more details are needed to provide legal...
Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: seller breaches occupancy stay in closing contract, can I sue for the initial 30 days given prior to breach?

bought a house, in closing agreement I was giving seller 30 days free occupancy, seller needs more time but isn't willing to pay or trying to pay only half of the mortgage price per day. Can I sue for price of mortgage per day past due date and the 30 days initially give due to the breach?

Kenneth V Zichi
Kenneth V Zichi answered on Jun 9, 2020

You can SUE for anything.

WINNING the suit is another issue all together.

And even if you win, it may not be worth it.

That may sound flippant, but really, it is far more important to consider ALL the implications before jumping to a lawsuit, and that is why...
Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Once evicted. Will the eviction also show up on the rental background of the occupant on the lease?

Or does the eviction just show up on the main lease holders background?

Kenneth V Zichi
Kenneth V Zichi answered on Jun 8, 2020

IF it is reported and/or if a judgment is entered, the 'record' will likely show both who is on the lease, and who the complaint was filed against.

In other words, if the eviction was against "Joe Blow and all other occupants" it will appear on "Joe...
Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: In contract and found mold during inspections

I've been told if I ask for seller to fix they could cancel contract and fix on their own. (There is supposedly 2 more offers that came in after our contract was closed, 1 is 10% more than we offered) Can I legally force them to resolve the mold or will i risk losing home, since they can... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 5, 2020

If you want actual legal advice, I concur with Mr Morris. A review of the contract is necessary, and I further concur that MOST contracts are written as he suggests.

If you are willing to buy the house 'as is' why bother with inspections? If the mold will cost a lot to remediate,...
Read more »

View More Answers

2 Answers | Asked in Real Estate Law, Appeals / Appellate Law and Land Use & Zoning for Michigan on
Q: Can a judge grant riparian rights to lake front property owners if that land has always been public use and county owned

Townline Lake, Belvidere Township, Lakeview MI. The lakeshore in Belvidere township has been public use since the 20s. A few lake front property owners went to a judge and got granted riparian rights up to the lakeshore even though it’s public property and is recorded as a park in the plat. How... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 4, 2020

A judge with equitable powers can do a lot of things, but without seeing the actual order (Courts 'speak' only through their written orders) it is hard to say what is going on here.

Indeed sometimes trial judges exceed their authority or make 'legal errors' and that is...
Read more »

View More Answers

1 Answer | Asked in Estate Planning for Michigan on
Q: House with mortgage-Successor on mortgage-

Can the mortgage be put in my name with out paying off the Creditors and Heirs? This is for a house in Michigan

Kenneth V Zichi
Kenneth V Zichi answered on Jun 2, 2020

The mortgage isn’t your real problem. It is the deed that matters.

And no you can’t just transfer a house through probate without taking creditors — and the other heirs — into account. There may be options but without seeing all the details (which would not be appropriate in a...
Read more »

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Michigan on
Q: As a residual beneficiary do I have rights to request accounting or statements from financial institutions?

Are there certain time limits that affect when I am able to request certain accounting records?

Kenneth V Zichi
Kenneth V Zichi answered on May 29, 2020

Beneficiary of what document? Will? Trust? Bank Account?

If the former two, you have the right to request that of the Trustee/Personal Representative

If the later, you should be dealing directly with the bank, and you don't need an 'accounting' so much as you need to...
Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: How long should it take an estate attorney to respond to an email that emphasises it's urgency?

A lady bird deeded house I own 1/2 of is up for sale. The realtor said a prospective buyer found a big foundation issue. I am wondering why the realtor didn't catch this in her tour of the house. The other owner chose the realtor and has had the only access to the home. I was unaware of any... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on May 27, 2020

When did you email the attorney? 7 PM on Friday? It will likely take a couple of days to get a response.

If it is urgent, I always tell my clients that email is NOT the best way to get my attention. There is far too much 'spam' to make your email stand out.

Call the...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.