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Michigan Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant, Tax Law, Consumer Law and Real Estate Law for Michigan on
Q: Do I have a legal case against my landlord in Michigan for uninhabitable conditions?

I am currently living in a rental property with numerous issues. The well water is not safe to drink, and there's a very old furnace that spikes my utility bills. I am low-income and received a grant for a weatherization program, but my landlord refuses to participate, possibly due to tax... View More

Q: Can sister force grandfather to leave mom's residence in probate issue?

My mother, who was buying the home, recently passed away. My sister, the executor of my mother's estate, is telling my grandfather that he must leave the residence immediately, cannot take or come back to feed one of his dogs, and cannot take anything with him until the will is read. We are... View More

Edward Gudeman
Edward Gudeman
answered on Apr 18, 2025

First of all, your sister has no authority to control any property until a will is probated or an intestate (no will) proceeding is initiated and she is appointed as the Personal Representative. If you cannot find a will, then it may be a good idea for you to initiate such a proceeding and ask that... View More

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: $50 fee added after paying 7-day late rent letter

I received a 7-day late rent letter stating I owed $543.26. I paid $550, which was over the stated amount. Two weeks later, a $50 fee was added. The property manager stated this was due to an error while she was off work and provided a ledger showing the additional charge. What can I do about this... View More

James L. Arrasmith
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answered on Apr 12, 2025

It seems like you're facing an unfair charge, especially since you paid the amount stated in the late rent notice. Since you paid $550, which was over the $543.26 owed, the additional $50 fee seems unreasonable unless it was clearly stated in the lease agreement as an automatic charge for late... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights and Real Estate Law for Michigan on
Q: Steps to take for false landlord accusations affecting rental agreement in MI?

What steps should I take if my current landlord falsely accuses my wife and me of behaviors under clause 24 CFR 982.552(c) related to our former landlord, affecting our rental agreement and reputation, even though we never committed these actions?

James L. Arrasmith
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answered on Apr 7, 2025

If your current landlord is falsely accusing you of actions under 24 CFR 982.552(c), it’s important to respond promptly. Start by gathering all documentation related to your rental history, including lease agreements, communication with your previous landlord, and any records that demonstrate... View More

2 Answers | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Michigan on
Q: Legal actions for issues with lease and alleged late rent payments after moving out.

I moved in with my mother and her husband about 3-4 years ago and had a verbal agreement to pay $200 rent directly to them. After some changes, I was told to pay the landlord directly, but there seemed to be confusion about the payment plan and outstanding balances. I eventually moved out, but my... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 8, 2025

If I understand correctly, you verbally 'sublet' part of your mother's rental for $200 a month, but somehow your name is on the lease? How did that work exactly? What does the WRITTEN lease say about your obligations?

Without seeing that document I can't even hazard a...
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2 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Michigan on
Q: Is a rent increase from $520 to $690 at my MHP excessive?

I have been living in a mobile home park for 6 years, and my rent was last increased 12 months ago. Recently, my rent was raised from $520 to $690 without any specific reason provided by management. Other residents have received the same increase. I'm not aware of any local rent control laws.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 5, 2025

Absent rent control or some other local codes, private landlords can choose to charge whatever the market will bear for rent.

This is the disadvantage of renting.

You can also choose to move somewhere else with little to no notice.

This is the advantage of renting....
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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Michigan on
Q: Can my ex-girlfriend avoid eviction and change her mind after dismissal?

I gave my ex-girlfriend a 30-day notice to vacate, which she acknowledged with a handwritten letter stating she'd be out in 30 days to avoid eviction on her record. She didn't leave, so I filed for eviction in Michigan a week after the deadline. She's now claiming she'll move... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 4, 2025

I think you know the answer, or you wouldn’t be asking the question in the first place. A verbal agreement, in general, is worth the paper that it is written on. Yes she can just change her mind again.

You DO need to serve her however, but so long as you are only looking for eviction and...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Tenant issues with unaddressed repairs and cockroach infestation. Pay rent or deduct repair costs?

I am a tenant renting in Hamtramck, MI, and I'm having issues with my landlord regarding essential repairs. My refrigerator is not working properly, and there is a cockroach infestation in the building. Despite responsive communication, my landlord has been unable to resolve these issues. He... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Michigan, tenants are typically required to pay rent as agreed, even if there are unresolved repair issues. However, if the conditions in your rental unit are affecting your health or safety, like the cockroach infestation, you may have the right to take action. You should carefully review your... View More

1 Answer | Asked in Landlord - Tenant, Employment Law and Real Estate Law for Michigan on
Q: How can mental health-related past behavior affect future rental applications and what steps can be taken to improve chances?

I am seeking advice for my sister, who has previously had incidents involving setting a dumpster on fire twice due to mental health issues, for which she wasn't prosecuted. She is now stable and on medication. She is concerned about how this past behavior may affect her future rental... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable that your sister might be worried about how her past behavior could affect future rental applications. Mental health-related incidents, especially if they involved property damage, can sometimes raise concerns for landlords. However, it’s important to note that landlords... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Michigan on
Q: Protect residency rights in a trailer home with verbal agreement.

I live in a trailer that my son's grandfather bought, and I have an agreement to stay here indefinitely as long as I pay the bills. The property is in his name. Recently, I discovered that my son's father has been collecting mortgage payments from me but not paying the mortgage. I have... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s an upsetting situation, especially when you've been doing your part to stay responsible and now find out someone else may have misused your trust and money. In Michigan, even without a written lease, long-term residency and consistent payment of bills or rent can sometimes establish... View More

1 Answer | Asked in Landlord - Tenant and Divorce for Michigan on
Q: Am I liable for a lease debt if I moved out and gave notice?

In 2019, my husband and I signed a lease that transitioned to month-to-month after the first year. I left the apartment and separated from my husband in September 2023, but I do not have legal separation or divorce documents. Since moving out, I've submitted letters in May 2024 and July 2024... View More

James L. Arrasmith
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answered on Apr 13, 2025

In most cases, if you were a co-signer on the lease, you could still be liable for the debt even if you no longer live in the apartment. Since the lease transitioned to a month-to-month agreement, your name might still be attached to the lease until it’s formally changed or terminated. Simply... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Civil Rights for Michigan on
Q: Facing eviction under land contract with issues in Michigan.

I am facing eviction under a land contract for a property I have lived in for over 15 years. The contract was sold without my knowledge. I received unnotarized documents earlier and was recently tagged by the sheriff with incomplete paperwork. I have evidence, including a bribe attempt via text... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation with the land contract eviction is very concerning, especially given the length of time you've lived there and the irregularities you've described. In Michigan, land contracts have specific legal protections, and unnotarized documents and incomplete paperwork from the... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Michigan on
Q: How can I retrieve my clothes and sue for inconvenience in Michigan?

I left some clothes at someone's house in Macomb County, Michigan, and now they are avoiding giving them back to me. They initially said I could live there, but it turns out they lied. I stayed there for a few days, but now they won't let me retrieve my belongings. I've asked them to... View More

James L. Arrasmith
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answered on Apr 13, 2025

To retrieve your clothes, you can send a formal written demand to the person, requesting the return of your belongings by a specific date. Make sure to document your communication, including any texts, emails, or letters, as proof that you've tried to resolve the situation amicably.

If...
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2 Answers | Asked in Landlord - Tenant and Contracts for Michigan on
Q: Legal basis for determining payment schedule after breaking a lease?

I broke a year-long lease in Michigan after six months and agreed with the landlord’s representatives in writing to make monthly payments. Despite this, I later received a demand to pay the remaining balance in full. The unit has been posted online, but I have no information on viewings or... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 13, 2025

Yes, if the landlord sues, you can challenge the landlord’s fulfillment of his duty to mitigate his losses. Another issue is whether there is an acceleration clause or a liquidated damages provision in the lease. You may wish to consult an attorney.

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1 Answer | Asked in Landlord - Tenant and Consumer Law for Michigan on
Q: Can a landlord add rent payment fees not in the lease in Michigan?

I signed a year-long lease on January 1, 2025, with a monthly rent of $1,750 plus utilities. My lease does not specify any fees for rent payment methods, aside from late fees. On March 1, 2025, the management company notified me via email that starting in April, there will be fees for paying rent... View More

Adam Alexander
Adam Alexander
answered on Mar 4, 2025

If it's not stated in the lease it doesn't seem legal to charge this fee. However, this is not a definitive answer. I recommend you contact the Michigan Department of Civil Rights (MDCR), and file a complaint.

1 Answer | Asked in Landlord - Tenant, Social Security and Civil Rights for Michigan on
Q: Can I sue for landlord extorting 50% of Social Security for rent?

I am being extorted by my landlord who is taking over 50% of my Social Security benefits for rent without any formal agreement or justification. I have not received any legal advice yet. What legal steps can I take to address this situation and potentially sue for the excessive deductions?

James L. Arrasmith
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answered on Feb 27, 2025

You may have grounds for legal action if your landlord is taking 50% of your Social Security without a formal rental agreement. Many states have laws protecting tenants from excessive rent increases and unfair practices, and Social Security recipients often have additional protections. Without a... View More

2 Answers | Asked in Bankruptcy, Landlord - Tenant and Small Claims for Michigan on
Q: Can I collect small claims money judgment (2019), if business has filed and received bankruptcy chapter 11 status?

In Michigan, Oct 31,2019, I received a small claims court monetary judgement against the defendant. The defendant filed for chapter 11 bankruptcy in the U.S. Bankruptry court Eastern District of Michigan in Jan 2020, I was unaware of this. The bankruptcy estate was fully administrated and... View More

Timothy Denison
Timothy Denison
answered on Jan 19, 2025

No. Not unless it was provided for in the bankruptcy.

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1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Landlord - Tenant for Michigan on
Q: Who has the duty of remedying mold in public housing?

How should the tenant proceed due to being exposed to mold and does any failure to properly remediate the mold and it's root causes, violate the Fair Housing Act?

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answered on Oct 28, 2024

In public housing, the responsibility to remedy mold typically falls on the housing authority or landlord. They are obligated to maintain a safe and healthy living environment, which includes addressing mold issues promptly. It's important to notify your landlord or property manager in writing... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Michigan on
Q: Is it possible that government housing inspections can violate the 4th amendment of surge and seizure and harassment?

They conduct what they call “safety inspections” EVERY month. And HUD does a annual inspection EVERY year. My argument is we are paying close to $1,000 a month, and people have the right to pursuit of happiness and tenants have right not to be harassed. It is also effecting my mental health... View More

James L. Arrasmith
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answered on Oct 25, 2024

Frequent government housing inspections might raise concerns regarding the Fourth Amendment, which protects against unreasonable searches and seizures. While safety inspections are important for ensuring living conditions meet certain standards, conducting them every month could be seen as... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: What is considered wrongful eviction

Landlord told the court I owed him rent but I didn’t owe anything

Brent T. Geers
Brent T. Geers
answered on Sep 20, 2024

A wrongful eviction would be done either constructively or through "self-help", and usually done outside the judicial process. If there was a court hearing where your landlord asserted you owed rent, and either you didn't say otherwise or the judge didn't believe you - or you... View More

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