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Michigan Landlord - Tenant Questions & Answers
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

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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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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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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2 Answers | Asked in Civil Rights and Landlord - Tenant for Michigan on
Q: My disabled/wheelchair,homebound father received a "notice to quit"No reason stated, other was marked.

8yr tenent, always paid rent on time. Has been homebound due to no handicap accessible ramps. Apt. never repaired for safety. I txt landlord an t said it was because they want to renovate. He has no where to go, no family in state and very low income senior with disabilities and no one else receive... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 21, 2024

Michigan is not one of those 'many' areas the California lawyer mentions that provide 'special protections'.

Absent a showing that the eviction was 'retaliatory' or 'discriminatory' in a way protected under Michigan law, a landlord is not FORCED to...
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2 Answers | Asked in Landlord - Tenant for Michigan on
Q: My tenant asked if he could leave early if he found a place to rent and receive his entire deposit back. Can we rescind?

My partner was at work and busy when he responded "sure" and he was also given incorrect information that we have since found out isn't correct. The tenant took advantage of my sweet partner and threatened me with an attorney because we decided that we could not fulfill his request.... View More

James L. Arrasmith
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answered on Mar 30, 2024

In your situation, it's crucial to remember that lease agreements and their amendments generally require formal documentation to be legally binding. If your lease explicitly states that any changes or amendments must be documented and signed by all parties involved, then a casual... View More

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2 Answers | Asked in Landlord - Tenant for Michigan on
Q: My tenant asked if he could leave early if he found a place to rent and receive his entire deposit back. Can we rescind?

My partner was at work and busy when he responded "sure" and he was also given incorrect information that we have since found out isn't correct. The tenant took advantage of my sweet partner and threatened me with an attorney because we decided that we could not fulfill his request.... View More

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

Possibly. I think a judge could find that the text communication is a sufficient writing. The other issue is that the request isn't really an amendment to the lease; it sounds like he's asking to terminate the lease.

Bigger question for you is: why not let this tenant leave and...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Lease does not include MTM fees, but being charged anyway.

Our apartment lease in Michigan ended and we were told we needed to renew or we'd be subject to MTM fees. The lease agreement states there is a "one-time holdover fee when the lease contract renews to month-to-month," but no monthly fees are mentioned (I paid this holdover fee.) I... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 6, 2024

In Michigan, the written lease terms continue when holding over — however — the monthly payment can change with 30 day’s notice. They can increase fees or monthly rent at any time given that notice. It’s why month to month leases are generally a bad idea for anything more than a month or two ….

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

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