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Michigan Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Michigan on
Q: I have a roomate that I want out of my house. Their mailing address isn’t my address, and no lease agreement.

there’s no lease agreement. The mailing address/address on their ID isn’t the address in which we all live at. They’ve been causing drama and Un needed issues. We just want them out of our house.

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?

James L. Arrasmith
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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

0 Answers | Asked in Landlord - Tenant for Michigan on
Q: We pay a friend “rent” so our son can live there. There is no rental agreement. What can he do to evict our son?

We agree with our friend that our son needs to leave his house. Our son does not, and cannot pay rent himself. What does our friend need to do to evict our son from his house? Does he need to go to court to get him evicted?

0 Answers | Asked in Landlord - Tenant for Michigan on
Q: Can I move a new tenant in if the old tenant decided to not move into the home and find a new home in the state of MI?

The Tenant was unhappy with the home and decided to never move in after signing the least 2 months ago, do I have to evict them or can I post my home on the market for rent again and move in a new tenant?

0 Answers | Asked in Landlord - Tenant for Michigan on
Q: I live with my sister who is stating she is my landlord. I would like to know if she is.

I have a Landlord Reference Letter stating she is my Landlord signed by her and I but no lease agreement.

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

1 Answer | Asked in Business Law, Landlord - Tenant and Tax Law for Michigan on
Q: Do I need to start a business to collect rent on a residential property I own?

The property is in Georgia and I reside in Michigan.

James L. Arrasmith
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answered on Sep 14, 2024

You do not need to start a business to collect rent on a residential property you own. As an individual, you can rent out your property and report the rental income on your personal tax return. However, there are some benefits to forming a business entity, like an LLC, for rental properties, such... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: What is a promissory note & what is a life lease what are the responsibilities of the tenant & or the original homeowner
Kenneth V Zichi
Kenneth V Zichi
answered on Sep 12, 2024

A promissory note is a promise to pay a specific amount of money in a given time usually with interest rate and payment schedule spelled out. It is usually secured by a mortgage or similar ‘security agreement’.

This has nothing to do with life leases which is a way to transfer a...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Michigan on
Q: Ex-roommate is trying to collect belongs two months after their lease ended. They’ve had plenty of notice & opportunity.

What would be their rights if they’ve been notified for many months? Their portion of the lease has been expired for 2 months now. They do not live in the home & the lease is only in my name. They are threatening to come get only the expensive items and not everything, since they still do not... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 3, 2024

What does your written agreement with your roommate say? Do you have ANYthing in writing?

Put it in writing or there is no way to answer this. I’d suggest even now you should — in writing — offer a specific time and place for them to pick up their things. If they are not removed...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: In landlord, tenant law, can an eviction be quashed Under the 56 day rule If the court took too long to rule on appeal?

I was evicted from my home for nonpayment of rent. I filed an appeal. The 30th circuit court took six months to rule on my appeal. They agreed to uphold the eviction. Can I quash the eviction under the 56 day rule? I have paid all of my rent into escrow. I have a remaining balance of $1805.72 can... View More

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2024

Unlikely. While I like where you're going with your logic, unfortunately the law doesn't work that way.

Procedurally, there was an order for eviction that you appealed. When you appeal, things are sort of put on hold during the pendency of the appeal. Then, the decision is made...
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1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Landlord - Tenant for Michigan on
Q: As a D.V victim can I sue a housing Agency for posting photos of my daughters & I on their social media without consent?

In my complex, we have exclusive resident parties organized by the housing agency. I've consistently filled out forms stating my children and I should not be photographed or publicly identified. Unfortunately, This is the second instance where my whereabouts were revealed. The first time, my... View More

James L. Arrasmith
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answered on Jul 28, 2024

You have the right to pursue legal action against the housing agency for posting photos without your consent and for disclosing your location, especially given your history as a domestic violence victim. This repeated failure to protect your privacy and safety can be grounds for a lawsuit. You... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can I get evicted from a house I never rented I stayed there with the landlord.
Brent T. Geers
Brent T. Geers
answered on Jul 2, 2024

Yes. When it comes to real property, you're either an owner, tenant, or occupant. When you are not the owner, you can be evicted.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Is a guarantor on the hook financially if a tenant gets evicted?

An unreliable tenant may be getting evicted in my unit. If they used a guarantor to secure housing, will the guarantor be at risk financially if there are any legal issues?

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2024

Financially to the extent there is debt or money owed.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My girlfriends parents gave us their house and now she wants to evict me out of retaliation can she do that

We've been together for 6 years and lived together the same time we have no land contract or lease but she's mad over an argument and is having her parents file eviction can I fight it and sue

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2024

You can fight it, but you're unlikely to prevail. Your girlfriend's parents are the landowners. Your status as an unmarried couple means you have the same legal status as any other tenant to them. In Michigan, absent a lease to the contrary, you are considered a month-to-month tenant. At... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: In Michigan, I own my trailer but rent the lot. I allowed someone to move in with me, but didn't inform the park.

They are not added to lease. No agreement of payment.

James L. Arrasmith
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answered on Jun 15, 2024

In Michigan, if you own your trailer but rent the lot, your lease agreement with the park likely has specific terms about occupancy. Allowing someone to move in without notifying the park could be a violation of your lease. It's important to review your lease agreement to understand the rules... View More

1 Answer | Asked in Landlord - Tenant, Probate and Estate Planning for Michigan on
Q: Can someone take my role of personal representative over an estate from me just because there mad that I am evictingthem
Brent T. Geers
Brent T. Geers
answered on Jun 12, 2024

They could try, but they would need to fall within the priority list of people who can serve as a personal representative - generally meaning they would need to be more closely related to the deceased person. AND they would need to convince the probate court judge that you are not performing your... View More

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