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Michigan Landlord - Tenant Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Michigan on
Q: Can I file a late appeal under MCR 7.105(G) as soon as I get the circuit court's signed dismissal without prejudice?

My appeal to circuit court was dismissed without prejudice for premature filing. Once the order dismissing the case without prejudice is signed, can I immediately file a late appeal to circuit court under MCR 7.105(G) or do I need permission from district court? I'm in Wayne County, Michigan.... View More

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2024

I'm confused by your question. It sounds like you are trying to appeal an eviction proceeding before a final order has been entered by the trial court (e.g., the district court). That is likely why the circuit court told you your filing was premature.

If this is an accurate read of...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: After signed agreement is broken is notice needed to evict

Neighbor signed agreement that her daughter would follow rules or it would lead to eviction. The daughter has broken the agreement rules, so how much notice before eviction will they have

James L. Arrasmith
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answered on Jan 28, 2024

In Michigan, if a tenant violates the terms of a rental agreement, the landlord typically must provide notice before proceeding with eviction. The specific amount of notice required can vary depending on the nature of the violation.

For a lease violation, landlords usually need to provide a...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can I just move?

I previously had a 2 bed apartment and about 4 months ago I transferred to a 1 bedroom for the same price because it was supposed to come with an extra storage room and an upgraded kitchen. When we moved in the lady that was assigned to me wasn't there so we just got our keys from a different... View More

T. Augustus Claus
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answered on Jan 1, 2024

In Michigan, the legality of moving to a new apartment without signing a lease or fulfilling a lease obligation depends on various factors, including the specific terms of your existing lease agreement, the policies of the property management or landlord, and relevant state laws. If you transferred... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Michigan on
Q: I was renting an apartment for nearly 10 years, it had toxic mold they refused to fix. I moved, they took SD, can they?

I didn’t pay the rent the month we were moving. My son had been displaced from our home due to the flooding of his room and mold since July. We moved in Oct bc they refused to do the proper remediation, or any at all, just patch work to cover the water damaged areas. I’ve spent the last 3 years... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 1, 2023

If I understand your facts correctly, you left

Without paying the final month of rent and they took your security deposit to pay that rent.

There is no law that prevents that.

Indeed they are even permitted to take past due rent without having to file a court case....
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2 Answers | Asked in Personal Injury and Landlord - Tenant for Michigan on
Q: I was renting an apartment for nearly 10 years, it had toxic mold they refused to fix. I moved, they took SD, can they?

I didn’t pay the rent the month we were moving. My son had been displaced from our home due to the flooding of his room and mold since July. We moved in Oct bc they refused to do the proper remediation, or any at all, just patch work to cover the water damaged areas. I’ve spent the last 3 years... View More

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2023

I'm sorry for your ordeal. I can only speak for the injury-related attributes of your question. You could consider reaching out to law firms to try to set up a free initial consult to discuss those health/mold issues in further detail. Unfortunately, they can be difficult cases, with many law... View More

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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

David Soble
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David Soble
answered on Nov 21, 2023

Generally speaking, a property can be considered abandoned when it is determined by a court officer or court that a tenant has abandoned the property. Alternatively, if the tenant provides you with keys to the property, that is considered delivery of their interest. Other than that, you need to... View More

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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: 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 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 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: 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.

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 1, 2023

I concur, you can give a 30 day notice for ANY (or no) reason. HOWEVER, be sure you do it right. If you don't give appropriate notice either by missing a deadline or 'rushing' the move out date or not including all the required statutory language it will be 'defective' and... View More

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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

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: 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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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 for Michigan on
Q: My lease ends in May my landlord said I can’t fix damages before that and he is keeping my SD. Can he do this?

My house burned down and I lost everything, I was living in a hotel room with three dogs. I was desperate for a place. The landlord raised rent $400 the night before I signed my lease because of my three dogs. He told me that the house was abandoned by the last tenant and that he understands the... View More

Michael Zamzow
Michael Zamzow
answered on Apr 21, 2023

You've raised quite a lot of potential issues. First, I think you're probably on the right track, listen to your gut and do some research if you're unable to hire an attorney.

Now, the following --generalizations-- might help narrow down your search (but don't limit...
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