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Michigan Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Is there a Real Estate Law that prohibits/denies a tenant of an apt building the right to see their financial file

The file in which copies of money orders and checks are kept

David Soble
David Soble answered on Nov 16, 2020

It sounds as if you are requesting to see your landlord's payment ledger. There is no 'law' per se, however, if you are challenging how you made your payments or how they were credited, you should have copies of your own payment receipts through cancelled checks or money orders.... Read more »

1 Answer | Asked in Products Liability and Landlord - Tenant for Michigan on
Q: If my name isn’t on the lease and I move out is there a way to get my personal belongings, when the person wont comply?

Well I was living with a friend and I recently moved out but I was never on the lease, most of my things are there I wanted to get them back but the person is giving me tge run around to get them. Is there any way I could obtain them?

Brent T. Geers
Brent T. Geers answered on Nov 12, 2020

Not easily. You might need to file a claim and delivery action in the local district court.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: What if the apartment complex is not registered as a rental in Oxford mi. I just found out.

The stairs to get in and out of the apartment need to be rebuilt. And the landlord disagrees and thinks it only needs to have a few repairs. The stairs are dangerous and I hate to see anything happen to anyone.

David Soble
David Soble answered on Oct 29, 2020

This could be a code enforcement issue. I would contact the city housing or ordinance enforcement department with your concerns.

3 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Our landlord just died, no will. His sister wants no expense of a second home; she thought of transfering mortgage to us

The sister and brother are only heirs, the brother wants nothing. The sister said the landlord talked highly of us, she cannot have the expense of a second mortgage & she would like us to have the home yet needs to figure out the mortgage. She had asked us to keep depositing our monthly... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Oct 20, 2020

A probate case may be necessary in order for the heirs to convey title to the property. If you have the cash or could get financing to pay off the mortgage, the transaction is fairly simple for an attorney to handle.

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1 Answer | Asked in Divorce, Family Law, Civil Litigation and Landlord - Tenant for Michigan on
Q: At what point is personal property considered abandoned?

A friend of mine and his wife split up. She left the dwelling they shared and moved in with family. The divorce is in the early stages currently. She left several of her belongings behind and said she'd return but hasn't. My friend is now wanting to move from the home as the lease they... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 30, 2020

Until the divorce is complete, that property is still at issue. Could he box this things up and bring them to her current place?

1 Answer | Asked in Criminal Law, Child Custody and Landlord - Tenant for Michigan on
Q: Can someone use stolen evidence can i sue for defamation of character.

My ex broke into my home in june 2019 in which i pressed charges on her now husband for b and e and larsony. I didnt show up to court and it was dropped to disturbing the peace. now they are using the photos they took against me in a custody battle.

Brent T. Geers
Brent T. Geers answered on Sep 29, 2020

Family law is civil in nature and not subject to the more stringent criminal law standards. How are the photos relevant? That should be the focus of your fight now.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Fixed term lease is ending what notices should I send and steps should be taken to avoid eviction process. I'm landlord

I have a fixed term lease ending oct 15 .they pay on the 15th of every month. I sent them text saying to let m know by sept 15 if they want to do another lease. On Sept 1st they still didn't let me know what the plan was so I put house on zillow to vet new tenants. I also sent them a 30 day... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 12, 2020

Sounds like you did all the right things to date. If they remain, you will need to file for summary proceedings.

1 Answer | Asked in Consumer Law, Products Liability, Environmental and Landlord - Tenant for Michigan on
Q: I stayed in a hotel for 118 days this year that was shut down by the fire marshal because they didn’t replace a panel

Saying it would just be a couple days all they had to do was replace a panel they forgot to but when the fire marshal returned when the panel was replaced he did a fuller inspection and found the dryer was so full of lint it was actually all the way up in the ceiling going about 40 feet back. This... Read more »

Trent Harris
Trent Harris answered on Aug 28, 2020

Dear Davisburg,

Your question references a condition at the property which could've, but in actuality did not adversely affect you. In the eyes of the law, you lack standing to sue, because you have not suffered a particularized injury traceable to the hotel's conduct. Sure, you...
Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Tenant owed 5 month rent and 1k water bill

Tenant owed 5 month rent and 1k water bill due to eviction ban and no shutoff utility as Covid19. Township can't get the bill paid but decided to add the water bill to landlord property tax. Is it correct? what I should do except file eviction? Thanks!

Brent T. Geers
Brent T. Geers answered on Aug 15, 2020

In most jurisdictions, a water bill is a lien on the land, and so ultimately is the responsibility of the property owner. That is why many landlords elect to keep the water bill in their name and charge the tenant for the water either as part of the rent or additional to it.

You can...
Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My park fined us based on another tennants recording but refuse ro show me proof what are my rights

This tennant has previously herassed us. No where in contract states being fined and refuse to show me the video taken of us unknowingly. They are stating we were violating a noise ordinance w our car engine. When they said they had video and i must pay the 50 dollar fine, i asked to see it and... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 13, 2020

I think you're limited to either pay the fine or not and face whatever actions the park can take against you (e.g. eviction). This doesn't sound like a criminal matter, and the park is not a government entity, so your rights are limited.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my landlord evict me because the police have been to the home multiple times?

We just signed the lease in June and now my landlord is trying to evict me because the police have been at the house multiple times.

Brent T. Geers
Brent T. Geers answered on Aug 7, 2020

Depends on how and why the police are involved. If it's drugs, then yes. Even if there is not cause by law, obviously the landlord will be keeping a eye on you, and so you may want to think about 1) what you can do to not have so much police contact at the home (because that reputation can... Read more »

1 Answer | Asked in Landlord - Tenant and Probate for Michigan on
Q: House left to church. Agreed to help me move then changed locks dumpstered my belongings. Probate open no inventory

Church nor lawyer came to inventory after either patent death. Have text of communication. I am disabled heir who cared for mother never received final month pay either. People who did the dumpstering never saw paperwork. Mentally unstable over this i had things boxed was working with them then no... Read more »

Trent Harris
Trent Harris answered on Jul 26, 2020

There are certain requirements a landlord must follow before eviction, including serving the tenant with a notice to quit, and then filing an eviction suit and getting a writ of eviction. It sounds like this process may not have been followed in your case. It would be best for you to consult with a... Read more »

1 Answer | Asked in Real Estate Law, Small Claims and Landlord - Tenant for Michigan on
Q: I made an oral lease agreement but want to cancel and have the deposit back.

I made an oral agreement to sublease the defendant's apartment room for 4 months and I paid the first-month rental as a deposit. Twenty hours after I paid the money, I decided not to rent this room and requested my deposit back, however, he refused to give the money back. He said he... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Jul 19, 2020

I don’t like to be the bearer of bad news, but I don’t see a basis for a rescission of the lease, or a claim that the other party breached the agreement, so I would say based upon these facts, that the landlord is in the right. Is there a basis for a claim that the landlord breached the agreement?

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: In a breakup, can I ask my bf of 14 years to leave the condo with an expired lease?

I've been with my boyfriend for 14 years an plan on breaking up within the next 4-ish weeks. My preference would be to ask him to move out and keep the condo unit we've been renting since 2008 to myself. I was the only one who signed the lease, but we are both listed as tenents. I am not... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 17, 2020

Your boyfriend arguably has tenant rights in to condo. Of course, you can ask him to leave, and he can agree to do so. It would be best to get the agreement and understanding in writing if possible.

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: i lived in an apt complex for 5 years. NEVER paid a late fee!!!!!no problems at all. mt lease was up april 30,2020. i h

i couldnt get help to move at that time because of virus closures. i couldnt turn key in till june 6 they are saying i have to pay my deposit back and charging me a mth rent during the initial out break. how can they charge me 800.00

Kenneth V Zichi
Kenneth V Zichi answered on Jul 6, 2020

If I understand the question, you resided in an apartment until June 6 but your lease ended on April 30. That means you 'held over' a little over a month.

Therefore, you owe a little over a month in extra rent on a 'month to month' basis (look at your lease, I bet it...
Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My friend is on a lease but wants to by herself off of it bc she is no longer living there and the landlords won’t let

Her buy off the lease until the person who is still living there gets approved to live there with the new people moving in. The landlords told her she is still going to have to pay rent even though they are taking a long time to go through the back ground checks and other steps Need for the other... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 2, 2020

Your friend signed a contract, jointly with whomever else is on the lease, obligating them all, collectively, to the terms of the lease. The landlord doesn't have to do anything. Are the other people paying rent? Will they agree to pay your friend's share? Unless they do, your friend will... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: We have a tenant who signed a lease with us on April 1, 2020. She has vacated the property approx. 3 weeks ago.

She did not tell us she was moving out, she has changed her address but has not removed any of her belongings from the property. What can we do to get her to get her stuff out so we can find a new tenant?

Brent T. Geers
Brent T. Geers answered on Jun 22, 2020

Best thing to do is formally evict her. Serve her with proper notice to quit, and tell her she can resolve everything by coming to get her stuff and terminate the lease in writing. If need be, evict her, then serve her with notice that you'll consider her property abandoned after a reasonable... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can a landlord raise my rent after living in the same place for a long time with my rent being consistant for years?
Brent T. Geers
Brent T. Geers answered on Jun 1, 2020

Yes, provided that the landlord provides you notice and an opportunity to terminate your lease, or upon lease renewal.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my landlord be held liable for the theft of my bike inside the building if there are fake cameras installed?

We were never informed the cameras are not real and that led me to believe my $1,000 bike was secure.

Brent T. Geers
Brent T. Geers answered on May 29, 2020

Generally, a third party such as a landlord is not liable for the criminal acts of others. Further, landlords are almost never responsible for tenants' personal property. However, some factors may shift more responsibility on the landlord such as whether the fake cameras were placed in... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: How do I legally evict tenants with no written lease/ contract out of my commercial property?

This is a established restaurant and the tenants removed all the assets/ equipment out and are trying to start a Marijuana grow room To my knowledge which I have verbally told them they were not allowed to, nor does the township allow . I told them On April 17th, 2020 to put back all the... Read more »

Brent T. Geers
Brent T. Geers answered on May 20, 2020

You can evict tenants without a written lease, however I'm not sure how you'll go about showing lost equipment / assets if they weren't written down. You could establish a rent amount by showing bank statements / proof of payment. Otherwise, you'll have a tough time showing what the rent is.

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