Jenison, MI asked in Real Estate Law and Landlord - Tenant for Michigan

Q: I currently had my Landlord/Homeowner die last week. We lived in the same dwelling

His Family told me I have 30 days that they are returning the house to the bank we have a lease and every receipt for the last 3 years almost 4 we lived here and what do I do with the rent money they are asking me to give them

2 Lawyer Answers
David Soble
PREMIUM
David Soble
Answered
  • Landlord Tenant Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: You would need to present your lease agreement to a real estate attorney to review. There are provisons in leases that allow the contract to continue even if the primary parties (landlord or tenant) pass away. A real estate attorney can assist you with that. For more information, see www.provenresource.com

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Landlord Tenant Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: Mr Soble is absolutely spot on correct about consulting with a LOCAL real estate attorney about your situation.

But your question is a bit unclear.

You say you have a lease. Is that lease ending at some point in the FUTURE, or has it already ended and you're now 'month to month'. If the later, the heirs, once they begin probate (!), MAY indeed be able to give you a 'thirty day notice to quit' and will need to move. Unless it is a lease with an option to purchase it doesn't matter if you've been there for 3 years or 30 -- they can evict you moving forward.

If they claim you owe them rent money, well, you've got evidence that isn't true so I wouldn't worry too much about that but please appreciate you may not have any right to complain about being evicted. Get that local licensed attorney to review your lease and provide real advice! Good luck.

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