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Michigan Landlord - Tenant Questions & Answers
2 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: At what point can I consider property abandoned?

I am located in Michigan and have been going through the eviction process with my daughter and her husband. I filed a summons for both possession and damages. The last court appearance was via Zoom, and we have been informed we will have to appear in person on a date to be determined by the clerk... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 21, 2023

Unless there is a provision in a written lease that specifically defines when property is 'abandoned' there is no one answer to that unless the Court has made a ruling based on a supplemental complaint.

Get yourself a local landlord tenant attorney to review all the facts and...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Do I create a new appeal for post judgement proceedings or amend earlier appeal of judgement?

Greetings, lawyers.

I'm a Tenant in Detroit, MI (Wayne County) currently in Landlord-Tenant Proceedings. I appealed a decision from 36th District Court to 3rd Circuit Court. The Landlord started post-judgment proceedings in 36th District Court and we entered a Consent Judgment through... View More

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2023

I would suggest you retain an attorney ASAP. Just in what you state is the posture of the case, there are several procedural problems to your detriment. First, I'm not sure what you understood the consent judgment to be, but it implies a final order made by the agreement of both parties. You... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I used to work with my uncle and his friend and they decided to open a smoke shop and they Told me that if I let them us

I used to work with my uncle and his friend and they decided to open a smoke shop and they Told me that if I let them use my name to open the store and put the lease under my name and my uncles son name ( my cousin ) too at the same time they would let me get 35% of the store I trusted them bc they... View More

David Soble
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David Soble
answered on Oct 2, 2023

If your name is on a lease, then the only person who can agree to let you out early from the lease is, the landlord, and not your business/ family partners. Only the parties to the lease can agree to modify or change the lease terms, including releasing a party from their legal obligations.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Hello I have a question

I used to work with my uncle and his friend and they decided to open a smoke shop and they Told me that if I let them use my name to open the store and put the lease under my name and my uncles son name ( my cousin ) too at the same time they would let me get 35% of the store I trusted them bc they... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 3, 2023

You MAY be asked to pay something 'up front' to be removed from a lease, but if you ARE removed from the lease, you won't be liable for anything further. The only way you would continue to be liable is if you are NOT removed from the lease.

Get local legal advice before you...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I am living rent free per verbal contract. I was told I could remain here for one year, starting November 1, 2022.

The property owner has sold the land and tells me the development firm will be here on October 1 to ask me to leave. I need my extra 30 days to find a new home. What rights do I have? I am in Michigan.

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2023

A verbal contract is worth the paper it's printed on. That's especially true in matters of real estate. That said, the timing of all this just may be such that you do get to November 1st. Have you been served with a notice to quit yet? If not, the development firm would likely do so on... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Pay extra with rent almost Everytime and I can prove money is disappearing atleast 40$ off my credit need help

I was looking thought my recent payment receipts and I noticed rent was higher than normal so I started digging around and found that they are not doing math incorrectly or someone is stealing money from the credit I have gained. I usually pay 50$ over what is due and September 1st 753$ is due with... View More

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2023

Have you addressed this with the person or company you pay rent to? Could be an accounting error that can be fixed if brought to their attention.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my landlord break into my house for a non emergency repair after being denied access?

I have lived in my house for 7 years. Always a good tenant. I was going to purchase the house but backed out after getting the home inspection because it needed a lot of work. I was served an eviction notice the next day. I have denied her access to the house to do repairs until we are out of the... View More

John Michael Frick
John Michael Frick
answered on Sep 20, 2023

Ordinarily, you cannot deny a landlord reasonable access to perform repairs (emergency or not) on the leased premises. Your lease may, however, require reasonable advance notice from your landlord.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can someone run and own a trailer park without a license and also rent out trailers they dont have the titles to.
T. Augustus Claus
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answered on Sep 6, 2023

Operating a trailer park without the necessary licenses, proper ownership documentation for rented trailers, and compliance with zoning, land use, health, and safety regulations can lead to significant legal issues. It's crucial to adhere to the specific laws and regulations in your state and... View More

2 Answers | Asked in Landlord - Tenant for Michigan on
Q: 30 day termination of tenancy

If I have tenants thats lease has expired (expired in may) and they are now month to month can I give them a 30 day notice to vacate since they aren’t willing to sign a new lease? They have been behind on rent the last 4 months on their month to month but recently got caught up.

David Soble
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David Soble
answered on Sep 1, 2023

Yes. You can provide the tenants with a 30 day Notice to Quit once the lease has expired. Generally speaking, and barring any provision to the contrary that makes the lease automatically renewable, upon the expiration of an annual lease, the lease becomes a month to month lease.

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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: son lease ended August 15th and he turned in his keys. brother leased the same apartment. Lease was to begin August 26.

Signed early occupancy for August 15th, The day his brothers lease ended. First son left all furniture, tv’s and personal belongings for brother to have. Brother did not pick up keys to move in until the 21st. On August 17, Landlord threw out all belongings left in apartment.

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 29, 2023

That is not a question, you've simply made some factual assertions. What is your question? Did the landlord have the right to pitch the stuff? Depends on the terms of the leases. If the one said 'anything left becomes property of the landlord' and the other said 'the rental is... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I live in a home that the primary leaseholder was asked to vacate property I was never give notification do I have to go

I've lived here for almost 4 months I do not have immediate plans to be able to move just wants to know what will happen if I can't get out right away

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 8, 2023

Whether you've lived there for 4 days, 4 months or 4 years, the answer is the same. If you are 'subletting' (which is what I assume you mean) your rights are the exact same as the tenant you're leasing from -- or less if the lease prohibits subleasing. You probably weren't... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Can I evict a buyer for my land contract if they default and I have filed a forfeiture notice?

Here is the wording of my contract:

Forfeit

f) If the Purchaser shall fail to perform this contract or any part thereof, the Seller immediately after such default shall have the right to declare the same forfeited and void, and retain whatever may have been paid hereon, and all... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 7, 2023

Yes. A land contract forfeiture action is provided for by the court rules, and there are court forms for the procedure. An attorney could handle this for you, or you might be able to get it dome yourself.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
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

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 4, 2023

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...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My landlord entered my home when I was gone for the weekend for my daughter's birthday was this legal for him to do?
Brent T. Geers
Brent T. Geers
answered on Jul 31, 2023

Depends on the reason and purpose: Broken pipe? Yes; Coming in to eat your food? No.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: If I give 30-days notice to landlord, what are my rights if he cones back and says we need to be out in 2 weeks because,

that's when lease expires. Have lived there 6 years, always paid on time, etc. Haven't had a lease in over a year.

T. Augustus Claus
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answered on Jul 14, 2023

If you have been living in the property for over a year without a lease, you are likely considered a month-to-month tenant. In most cases, providing a 30-day notice should be sufficient to terminate the tenancy.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can I take my landlord to court for not following their own lease terms they made me sign?

I moved into my current residence 2 1/2 years ago. I have had cosmetic issues with the yard from day one (safety was compromised) I asked many times to get it fixed . I was ignored . 4 months later after I made a scene it was fixed. I learned there were registered sex offenders living in the park... View More

Brent T. Geers
Brent T. Geers
answered on Jul 13, 2023

What would you be looking for a court to do about your situation? The only thing a court could do is let you out of your lease without repercussion. But it sounds like you should be looking for a different place to live anyway...

Housing complexes - especially ones owned by corporations -...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: i was recently sued in court for a landlord tentant case me being the tentant and didnt know til the last court date he

is a lawyer and after showing in his paperwork summited that he had pictures of my kids and i dont know how he got them think he had cameras ans showing the judge that his receipts didnt match his bank statments and other things found out he opened my mail sent to his house and opened it and... View More

Brent T. Geers
Brent T. Geers
answered on Jun 15, 2023

The time period to appeal is very short and is explained in your copy of the court order. There are several actions you need to take to successfully appeal, and they need to be done timely or you completely miss the opportunity.

2 Answers | Asked in Landlord - Tenant for Michigan on
Q: If you give your renter permission to put up a privacy fence can they tear it down when they leave?

They have a dog and our chain link fence at the property couldn’t hold their dog in so they asked t put in the fence. We never had an agreement to take money off rent or anything I am just wondering if they can tear it down? If so doesn’t our chain link fence need to be there still then?

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2023

A written agreement would be most helpful in this matter; otherwise, the terms in your lease would be controlling. Fortunately, those general provisions would favor you: any permanent / structural changes to the property generally stay with the property.

Do you like the fence? To clear the...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Can condominium landlord still use the garbage services I pay for?

I have owned my condominium in Michigan for 25+ years and lived there the first 15. I still own the unit, but now I'm a landlord and rent it out. My tenant sends a monthly check to me and I pay the mortgage, taxes, and all condo association dues.

The condominium hires a waste... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 5, 2023

What does your lease say about that?

What about the condo association rules?

Does the contractor have limits?

How would you accomplish that?

If you’re getting the idea that you cannot get specific legal advice without hiring z lawyer you’ll understand why...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Landlord/Tenant question about eviction process in Georgia!

Due to a family emergency with my elderly parents, I had to relocate to Michigan. I could not pay my rent on April 1st. I contacted my landlord on March 31st and explained to them my situation. I have never been late on my rent until April. On April 11th, I received an email from my landlord... View More

Brent T. Geers
Brent T. Geers
answered on Apr 22, 2023

You need to contact a Georgia attorney if the property is located in Georgia.

If Georgia law is anything like Michigan law, you may be in a tough spot with your lease expiring. The landlord could elect not to renew your lease regardless of your payment situation - the question would be a...
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