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 
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
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
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... View More
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
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
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
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... View More
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
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.
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.
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
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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
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.
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
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.
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.
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.
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
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
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
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
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... View More
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
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 -... View More
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?
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... View More
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
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... View More
I have an office suite for my company that has become increasingly unlivable, piles of dead bugs, bug feces, flying ant infestation, ant traps everywhere full of dead ants, extremely cold temperatures (59 f) on occasion, and office landlord does not fix the problem. Is there a way out of my... View More
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answered on Mar 15, 2023
Have you contacted the landlord about these conditions, and assuming so, what does he say? Nobody here can say for sure without seeing your lease, but very often, with commercial leases, the tenant is responsible for some of the things you're complaining about. You should speak with the... View More
I have an office suite for my company that has become increasingly unlivable, piles of dead bugs, bug feces, flying ant infestation, ant traps everywhere full of dead ants, extremely cold temperatures (59 f) on occasion, and office landlord does not fix the problem. Is there a way out of my... View More
answered on Mar 14, 2023
Without reading your lease it is hard to say.
RESIDENTIAL leases have an implied warranty of habitability, but that is not automatically the case with commercial leases. (Indeed, many say ‘as is’ and if that’s not good enough, tough. )
Get your lease to a local licensed... View More
I believe there’s a law in Michigan that the condo association has the post that there is lad, our mold in the buildings in the common area
answered on Mar 4, 2023
I believe you’re confusing rental property and condos. They are NOT the same thing, and the rules are distinct.
While there are FEDERAL rules about the disclosure of *LEAD* in both rentals and sales, there are no federal or state rules in Michigan about mold. For either condos or rental... View More
I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... View More
answered on Jan 24, 2023
The real estate agent and their broker may be responsible for writing a legal document as non -attorneys. With regards to your land contract being called due, lenders and banks usually have provisions in their mortgage that call a note due upon the conveyance of title. The issue is whether or not,... View More
I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... View More
answered on Jan 24, 2023
Let me rephrase your question slightly and see if you don't spot the 'common thread' here and what you need to do to 'stop the cycle':
1) I bought land without having an attorney review the transaction.
2) I had a real estate agent who is NOT an attorney... View More
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