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Michigan Landlord - Tenant Questions & Answers
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...
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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... View 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... View 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... View 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... View 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... View 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.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my apartment management require me to pay an additional $150.00 because I won’t sign a new lease.

I informed my apartment management that I was moving At the end of my lease. I was looking at homes prior to the “Shelter in Place” by the Governor. Now I don’t think it’s safe to look or move but I don’t wanna sign a new lease.

Brent T. Geers
Brent T. Geers
answered on May 19, 2020

Yes. You would become a month-to-month tenant, and many apartment complexes charge more for that. The reason being that you can then leave with 30 days notice and not be liable for any remaining lease payments.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: If I sign a lease but can't move in, am I liable for all rent due for the term of the lease?

I am an international student planning to study in the US (Michigan). There is a strong chance I won't be able to get my visa and actually move in, but my landlord is saying that if that happens I will still have to pay all rent due under my lease. Is this true?

Thomas. R. Morris
Thomas. R. Morris
answered on May 7, 2020

It may be true. If you want to avoid liability you could insist that the lease provide for your option to terminate it if you don't receive the visa. If it's too late and the lease has already been signed, you could try to sublet the leased premises. We would have to examine the lease... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can I put additional beds in the rooms where my none paying tenants for income. I have a 4 bedroom room and board

These are huge rooms I want to put four extra beds in the room basically my none paying tenants will share rooms. Also I gave these tenants 30 day notice to vacate before this covid 19 hit the end of February. So they are using this against me they are not working so it did not affect there jobs or... View More

Brent T. Geers
Brent T. Geers
answered on Apr 27, 2020

This is a terrible idea and could subject you to a constructive eviction claim, causing YOU to PAY these non-paying tenants as punishment.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My landlord sent me a letter that he is increasing the rent by $300 July 1st. can he do that right now with COVID?

That is the end of my lease.

Brent T. Geers
Brent T. Geers
answered on Apr 24, 2020

Quite likely, yes. Your landlord is providing you notice. It sounds like that new rate would be conditioned on you renewing your lease, which you have the option not to do.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can I file a police report against tenant who is causing serious property damage & creating serious health hazard?
Brent T. Geers
Brent T. Geers
answered on Apr 23, 2020

Possibly. Although it will be up to the police to determine whether a crime occurred.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My tenant stopped paying rent and water. During the virus, what can I legally do in Michigan?

I am a landlord who has a tenant that missed his payment for this month. That tenant is also violating the lease agreement by having way too many people living at that house and smoking marijuana. My question is am I able to start an eviction process after April 17th or did the date change with the... View More

Brent T. Geers
Brent T. Geers
answered on Apr 16, 2020

I believe that date is extended with the new executive order. Keep in mind that even if you were to file, it will be some time before a hearing happens. Unless you have a police report, it sounds like you'll need to do a 30-day notice to quit for the lease violation, only after which the court... View More

1 Answer | Asked in Gov & Administrative Law and Landlord - Tenant for Michigan on
Q: can a hotel kick you out during a state of emergency coronavirus in michigan
Brent T. Geers
Brent T. Geers
answered on Apr 10, 2020

A hotel stay is more like a license than a tenancy. Like any license, it can be revoked. You are allowed to stay so long as you comply with certain conditions AND the hotel offers it.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My tenant stopped paying rent and water. During the virus, what can I legally do in Michigan?

I am a landlord who has a tenant that missed his payment for this month. That tenant is also violating the lease agreement by having way too many people living at that house and smoking marijuana. My question is am I able to start an eviction process after April 17th or did the date change with the... View More

Brent T. Geers
Brent T. Geers
answered on Apr 10, 2020

Provide notice and begin eviction proceedings once courts re-open to these matters.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I have tenants that won’t leave after 30 day notice.

I have tenants that won’t leave after 30 day notice. For future references can I add clauses in the lease after they receive a thirty day notice they give me permission to remove there possessions out of my property and change the locks if needed and have them sign where new clause added.

Brent T. Geers
Brent T. Geers
answered on Apr 10, 2020

You will need to move forward with summary proceedings by filings made to the district court to start eviction proceedings. You can not "self help", even with language in a lease.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My tenant did not pay rent this month. I know our governor signed EO to stop evictions until April 17th.

Can I file for eviction on the next day which is April 18th?

Brent T. Geers
Brent T. Geers
answered on Apr 8, 2020

That EO is likely to be extended. But yes, you could otherwise file.

2 Answers | Asked in Landlord - Tenant for Michigan on
Q: Can an apartment take my security deposit and say I owe them money for damages when there were none we have pictures.

They said there was damages to a countertop and bathroom vanity and there was absolutely nothing wrong with them and we took pictures. My security deposit was $300 and they took that and said I owe them $231. They also got $300 for a week's rent when monthly rent is 595 for supposed late fees... View More

Brent T. Geers
Brent T. Geers
answered on Apr 6, 2020

You can ask the court to hold an evidentiary hearing.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Can I legally move back into my home I rent to my nephew? He's broke verbal agreement and is $1000 behind.

I'm not forcing him out,he can still live there. I'm splitting apart with my wife, since it's my house that I pay the mortgage on when he misses payments and gets behind, can I legally move back in if I have no place to go. The verbal agreement was he would get a loan by 3 years in... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 5, 2020

That depends on the terms of your lease. "Verbal" leases are notorious for being unenforceable because the terms are so hard to define, but unless you SPECIFICALLY agreed to allow him to have sole possession of the place, I'd say there is no reason you can't share the place with... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Michigan on
Q: Property owner in FL refused to refund $ on VRBO rental, can we get our money back?

Our home state, MI, issued Stay at Home Exec. Order.

Trent Harris
Trent Harris
answered on Mar 26, 2020

You will need to refer to the language your VRBO contract. But most likely, no, you can't get your money back because the stay at home order (1) didn't cancel the effect of existing contracts, and (2) the Michigan stay at home order has no effect on the state of Florida. If you need... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can a landlord forbid tenants visiting to play cards with their neighbors?
Brent T. Geers
Brent T. Geers
answered on Mar 21, 2020

Unless this is some sort of special housing facility, I don't think so; nor would I imagine a landlord would want to exercise such control.

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