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Michigan Landlord - Tenant Questions & Answers
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 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 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

2 Answers | Asked in Landlord - Tenant for Michigan on
Q: Can a renter pursue a quiet title action under MCL 600.2932?

Under that MCL, "Any person, whether he is in possession of the land in question or not, who claims any right in, title to, equitable title to, interest in, or right to possession of land" may seek such an action. Does a renter, through a lease, meet that criteria? Specifically, the... View More

Brent T. Geers
Brent T. Geers
answered on May 13, 2024

The better course of action would be for you to hire a lawyer on your parents' behalf if you are financially able to do so. No sense muddling the waters - while I think your reading of the statute is correct, I'd anticipate opposing counsel raising it as an issue for attack, which will... View More

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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My apartment is charging us $1099 a month for rent even though our lease states we agree to pay $970

In the lease it states "The Resident agrees to pay the Manager the total of $970.00 rent plus additional charges stated below:

$1,164.00 ($1,099.00 Rent +$55.00 Flat-rate Utility +$10.00 Carport Fee)".

When trying to contact management they state that they're under... View More

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

Have you already paid the higher rate? The discrepancy could simply be a scribner's error; either the $970 rate is right or the $1,164 amount is. What is the management saying about it? Unless the management company concedes an error in your favor, I think a court is likely to determine that... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I gave my landlord a 30 day notice on the 5th of April. He’s saying im still responsible for the rent next month (may).

Ye

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, it seems there may be some confusion or disagreement between you and your landlord regarding your notice to vacate and the rent obligations for May. Here are a few key points to consider:

1. Timing of notice: In Michigan, if you are on a month-to-month...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: We have a house we are selling on a land contract. The seller keeps defaulting on monthly payments. Can we evict her?
James L. Arrasmith
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answered on Apr 3, 2024

In a land contract (also known as a contract for deed), the seller finances the property for the buyer, who makes monthly payments until the purchase price is paid in full. If the buyer defaults on these payments, the legal recourse available to you as the seller depends on the specific terms of... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: my roommate doesn't want my friend to be in our townhouse. can she ban my visitor? nothing is stated in our lease.

my roommate doesn't want my friend in our townhouse because he had a conviction for sexual assult. she has history of abuse, but not relating to my guest. she keeps telling me he is not allowed in the townhouse but she is in the process of moving out and finding someone to take over the lease... View More

James L. Arrasmith
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answered on Mar 31, 2024

This is a sensitive situation with valid concerns on both sides. Legally, if there are no provisions in your lease restricting guests and your roommate is not currently residing in the townhouse, you likely have the right to invite your friend over, especially for reasonable durations during the... View More

1 Answer | Asked in Criminal Law, Land Use & Zoning, Landlord - Tenant and Civil Rights for Michigan on
Q: Neighbor is recording me in the parking lot of our apartment complex because he is trying to prove I have more than

More than two car per household in the parking lot to the main office. I have two and my boyfriend has one- I watched him record me while getting in my car- is this illegal? Also he has been giving me a hard time he lives across the street- I believe he is recording as well.

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, it seems that your neighbor's actions are concerning and causing you distress. However, the legality of his recording depends on several factors, such as your location and the specific laws in your area.

In general, in the United States, it is legal...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can landlord file with court and charge court fees before the notice of 7 days has completed?

Issued 3/6/24 and court fees posted to my account 3/14/24. Willing to pay rent owed do not feel I am obligated to pay court cost. Is that correct?

James L. Arrasmith
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answered on Mar 30, 2024

When dealing with late rent payments, landlords are typically required to follow specific legal procedures, which include giving tenants a notice period before taking further action. If a notice was issued on March 6th, and the landlord filed with the court and charged court fees before the... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Michigan on
Q: I need legal help with 1943copper pennys took from me

I made a report an it's going on a year an my pennys sold for 300000 on Heritage an I can't find any one to help me

James L. Arrasmith
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answered on Mar 30, 2024

I understand that you're dealing with a challenging situation regarding your 1943 copper pennies. It's important to act swiftly in legal matters, especially when significant assets are involved. Given that your pennies have already been sold, the urgency to address this matter is even... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Landlord - Tenant for Michigan on
Q: Can I own a firearm legally if I live with a felon if its for work?

I just moved to Michigan and currently live with a felon, I am trying to go to college for Criminal Justice and get my Guard Card to become an armed security guard. Is there a way for me to legally own a firearm for work if I live with a felon or do I need to move for that to happen?

James L. Arrasmith
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answered on Mar 25, 2024

In Michigan, living with a felon does not automatically prohibit you from owning a firearm, especially if it is for work-related purposes such as becoming an armed security guard. However, strict precautions must be taken to ensure that the felon does not have access to the firearm, as this could... View More

2 Answers | Asked in Health Care Law and Landlord - Tenant for Michigan on
Q: My wife is on hospice care and they are trying to evict us. We have never been late on rent until this month but we were

We were already being evicted when we missed our first rent payment here ever. What can we do

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Michigan attorney could advise best, but your question remains open for two weeks. I'm very sorry for the ordeal this must cause. As you already realize from your selection of categories, see if you could arrange a free initial consult with L-T attorneys in the state. Some firms today offer... View More

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2 Answers | Asked in Health Care Law and Landlord - Tenant for Michigan on
Q: My wife is on hospice care and they are trying to evict us. We have never been late on rent until this month but we were

We were already being evicted when we missed our first rent payment here ever. What can we do

James L. Arrasmith
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answered on Mar 31, 2024

I'm truly sorry to hear about the challenges you're facing, especially during such a difficult time. First, it's important to review your lease agreement and any local tenant protection laws. Many areas have specific regulations that could provide protections for tenants in... View More

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3 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Michigan on
Q: Does it void an eviction if the house goes in to probate after the eviction was ordered

My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 21, 2024

More information is needed to answer this question. It is not apparent whether your sister had the authority to sue for eviction. Was she the owner of the house? Whether the probate action will result in different ownership is another question. Were that action to result in the recognition of... View More

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3 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Michigan on
Q: Does it void an eviction if the house goes in to probate after the eviction was ordered

My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?

James L. Arrasmith
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answered on Mar 26, 2024

When a property goes into probate after an eviction order has been issued, the situation can become complex. Probate is the legal process where a will is reviewed to determine whether it is valid and authentic. However, typically, an eviction order issued by a court before the property was placed... View More

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