Naples, FL asked in Civil Rights and Landlord - Tenant for Michigan

Q: My disabled/wheelchair,homebound father received a "notice to quit"No reason stated, other was marked.

8yr tenent, always paid rent on time. Has been homebound due to no handicap accessible ramps. Apt. never repaired for safety. I txt landlord an t said it was because they want to renovate. He has no where to go, no family in state and very low income senior with disabilities and no one else receive this notice. It was also given illegally"the notice" to someone not father. There had to be rights for him to be name to stay in home he has homecare and p.t and nurses come to see him. I didn't know what to do and how to fight this.

2 Lawyer Answers
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In facing this challenging situation, it's crucial to first understand your father's rights as a tenant, especially considering his disability and the length of his tenancy. Many areas have specific laws protecting tenants from eviction without cause, particularly for seniors and individuals with disabilities. Additionally, since the notice was given in a manner you believe to be illegal, this might strengthen your father's position.

Seeking legal assistance is a vital step. Organizations and legal aid societies often offer free or low-cost services to individuals in situations like your father's. They can provide guidance on the eviction process, tenant rights, and possibly negotiate with the landlord on your father's behalf. They might also help in ensuring the apartment is made accessible according to local regulations, which is crucial for his well-being.

Furthermore, contacting local social services or community organizations dedicated to supporting seniors and people with disabilities can provide additional assistance. They may offer resources for housing, relocation assistance if necessary, and ensure that his care services continue uninterrupted. Remember, your father's situation, while challenging, has potential pathways for resolution through understanding his rights, seeking appropriate legal counsel, and leveraging community support.

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

A: Michigan is not one of those 'many' areas the California lawyer mentions that provide 'special protections'.

Absent a showing that the eviction was 'retaliatory' or 'discriminatory' in a way protected under Michigan law, a landlord is not FORCED to rent or continue to rent to anyone if the lease is expired. If it is month to month, then the tenancy can be terminated with a '30 day notice' at any time for any or no reason so long as it doesn't violate public policy.

If you can PROVE that your father is being discriminated against because of race, sexual orientation, disability or some other protected class, then you may be able to object, but your father's BEST option is to find alternate housing ASAP and perhaps ask for some additional time to move because his disabilities make it difficult to move quickly.

Bottom line: hire a local licensed attorney in the county where the property is located to look over all the circumstances of the eviction, and follow whatever advice that lawyer can provide. There are technicalities that may delay things a bit, but likely you're going to have to move. The suggestion to find appropriate social service agencies is a good one however as they may be able to provide insight into what local resources are available.

Brent T. Geers agrees with this answer

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