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Michigan Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Am I able to remove my trailer from a park I was evicted from when they say I can't come on the property

I don't get any phone calls back. They denied 6 people to buy my trailer. They slandered my name to potential buyers. They screwed the doors and windows shut. Posted 48 hour eviction to the door. I didn't know I was evicted until the day after it expired. They extended the 48 hour to move... View More

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

You need to see a local attorney and show that person all the paperwork you've received as well as the relevant case number(s) so that the attorney can provide you competent advice going forward. Without seeing documents as to what went on, it's impossible to give you a good answer. If... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I am moving from a home and am having a walk through done without a prior check list from when I first moved in can they

Withhold my deposit if they never renewed my lease and redid a new checklist

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 16, 2020

There needs to be an inventory checklist from when you moved in, not from the lease renewal -- be it an 'automatic month to month renewal or something more formal.

If there is no checklist from when you moved in, they will have a hard time showing YOU created some damage. That does not...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Libel & Slander for Michigan on
Q: I feel I was wrongly evicted my trailer sale was denied 6 times no return calls for sale sign removed doors screwed shut

My trailer still sits on lot its been over a year I get no phone calls back I haven't received any letters do they just get my home do I owe for all this time? Is there anything i can do about them denying my potential sales? Slander? Treble damages? I tried to pay my back rent they would not... View More

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

They do not have to accept your sale offer or offer you an explanation as to why. Sounds like they foreclosed on your trailer. If that's the case, and proper procedure was followed, there is nothing you can do at this point. The fact that there was a notice taped to your door, even though... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My ex wife didn't pay 3 months of rent then she moved five months later they file eviction on me is that legal

Five months after she moves.can they evict me for her not paying rent and my rent has been paid on time and IAM disabled

Brent T. Geers
Brent T. Geers
answered on Mar 11, 2020

Are both your names on the lease? What was the payment obligation with the landlord? It sounds like you and your ex agreed at one point to split the rent payment, each paying half. Unfortunately, unless the landlord also agreed to that, you both are responsible for the entire amount. If you've... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Michigan on
Q: Can a Mobile Home Park Manager in Michigan, put LOCK-OUT on my Deceased Uncle's mobile home WITHOUT any Court Order?

My Uncle passed away WITHOUT a Will and only his name is on Title of mobile home. My Uncle's roommate/partner was also on lease & continued to live there until he passed away 1 year later. My cousins are next of kin & live out of state. Since my Uncle's assets are less than... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 11, 2020

There are special rules about lockouts in a park when the tenant is deceased, or the landlord believes the tenant is deceased and there is no probate open.

I'd strongly urge you to consult with a local probate attorney and explore the details of those rules to determine if you need to...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: If I can’t pay rent with two months left on lease and have moved out can I be in trouble?

I have roommate he lost job I moved to take care of my mom with breast cancer we have two months left if we moved out can I be liable? I don’t care if they take the deposit.

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 7, 2020

CAN you, yes.

WILL you? Hard to say. You will almost certainly 'lose' your security deposit, and assuming that is 1.5 month's rent, I doubt a landlord will sue for half a month's unpaid rent if you don't also trash the place.

A BETTER course of action...
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1 Answer | Asked in Libel & Slander, Real Estate Law and Landlord - Tenant for Michigan on
Q: Can I be evicted in 48hrs without being mailed or personally delivered the eviction notice Can I sue for treble damages

I was slandered, potential buyers were scared away and denied to buy my home. I do not receive any phone calls back from my messages I leave for them. Can I still sell or move my trailer? Not sure what to do?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 3, 2020

If you own the trailer, you can always move it -- assuming it is still possible to move in one piece.

As for the rest of the question, without details it is impossible to understand what if anything you can do. "Substituted service" rather than personal service is acceptable for...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can I put my tenant in jail for property damage he lit part of my deck on fire and much more damage to the home
Brent T. Geers
Brent T. Geers
answered on Feb 22, 2020

You cannot, but a judge could after you contact your local police and the prosecutor charges your tenant with malicious destruction of property.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: If not rent, what is it called? i know is a form for rent that gets written and signed, what form would be needed now?

I pay 150 dollars every month on the 20th to be able to stay at my familys house. She says the money goes to the cable and wifi bill, thats in her name. Im not allowed to call it as rent, what would it be called? I believe it's because she dont want to claim she gets rent because it will mess... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 18, 2020

Whatever you call it, it is 'income' to her (whomever 'she' is ....) and it may or may not disqualify her from receiving SSDI, Without seeing the details and discussing what is REALLY going on here -- for example, why do you care what it is called?

If this is causing...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I broke up with someone and now he is refusing to leave. He's not on the lease. How can I make him leave/evict him?
Kenneth V Zichi
Kenneth V Zichi
answered on Feb 4, 2020

If I understand correctly, he is a 'month to month' tenant sub-leasing from you, as far as the Court would be concerned so you will need to evict him if he refuses to leave. You essentially are his landlord, but I would STRONGLY urge you to consult with a local landlord/tenant lawyer to... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My boyfriend received a eviction notice for illegal activitie, which he's not doing. It's based on a anonymous call.

He has to be out 2/29/20. He isn't doing anything illegal, nor could they have proof of such. What can he do?

Brent T. Geers
Brent T. Geers
answered on Jan 31, 2020

There should be a hearing date set. He should attend that and explain his position.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I'm renting a room in a house that has a city inspection should I withhold the rent ?? Until the inspection clears?
Kenneth V Zichi
Kenneth V Zichi
answered on Jan 30, 2020

The short answer is 'no'. The inspection and your rent are not related to each other.

If there is a REASON to withhold the rent that will be disclosed by the inspection, that may be a different case. I would urge you to seek the advice of a local attorney as we cannot provide...
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1 Answer | Asked in Landlord - Tenant and Identity Theft for Michigan on
Q: How to deal with a tenant not on the lease, and who is not paying any rent money.

I moved out of my apartment in Michigan, and found a guy to stay in it, and we had an agreement that he will pay me rent every month. He is NOT on the lease. He payed me for the months of October and November. He has, as of december, not payed me rent, and is not answering my calls.

My... View More

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

First, does your lease - the agreement YOU entered into with the landlord - allow for this arrangement (subleasing)? And if so, is the landlord aware that this is what's going on now? If not, the amount owed is between you and the landlord.

You could do as you're proposing: pay...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Eviction Notice

My husband and I received notice of eviction for our apartment. We haven't broken any of the terms of our lease, but they're saying we are being evicted because our lease is up. I didn't think that was a valid reason to evict someone.

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

What you likely received is a Notice to Quit. So long as you leave, or otherwise make arrangements with the landlord, you will not be evicted - more importantly, have an eviction on your record.

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Michigan on
Q: I am a grandchild who has a verbal agreement to rent and eventually be gifted the home from my grandparent.

My grandparent died recently, which is over six months after I moved into the house. My mom is his trustee/executor, and he lived in her house when he died. What is my right to the home now. My mother is aware of the verbal agreement, but she has two other siblings. Do I have to move out; what... View More

Brent T. Geers
Brent T. Geers
answered on Jan 5, 2020

You may have tenant rights as a renter, meaning though that you could be asked to move out with 30 days' notice. Unless all heirs are in agreement that you should get the house, you don't have much legal standing for that. The verbal agreement to gift you the house may not mean much... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My tenants lease expired in September she is month to month. The tenant is destroying home

Broken window torn up walls etc how can I get them out soon so no more damage is done

Brent T. Geers
Brent T. Geers
answered on Dec 5, 2019

Send tenant a 30-day notice to quit. If the tenant does not move, then you start the court process for eviction.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Does failing to provide a move-in checklist require me to pay back 2x the security deposit back to tenants?

After providing evidence of damage and costs, i withheld part of the security deposit. The former tenants are now threatening to sue and and their lawyer says I owe twice their security deposit and attorney fees because of my mistake.

David Soble
PREMIUM
David Soble
answered on Nov 10, 2019

Michigan law is clear that If your tenant objects to the final repairs that you cite in the move-out, and plan to keep the security deposit to pay for the repairs, you will definitely need to file a timely action with the court. If not, you will be liable to the tenant for twice the amount of the... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: My tenants broke lease early. Do I have to give deposit back? Michigan is the state. No forwarding address when moved

They gave me 30 day notice but no forwarding address. What are my options of returning there deposit back?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 4, 2019

The law is pretty specific that if the tenants do not provide a forwarding address within 4 days of moving out you are not required to provide them written documentation about the security deposit, but you SHOULD still go through the steps,

Talk with a local attorney to insure you do this...
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2 Answers | Asked in Landlord - Tenant and Small Claims for Michigan on
Q: I live in Iowa now. My previous apartment is not returning my security deposit. Can I file a small claim in Iowa?

I movedout of the apartment in Lansing in Jan 2019 breaking the lease. As per lease agreement, I keep paying rent until the leasing office leased it to someone else. They leased to another rentee in Match 11 2019. I had paid rent of March and I was told over phone that if some one takes over the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 29, 2019

No -- your landlord has no 'connection' to Iowa, and the 'nexus' of the lawsuit -- if justified -- is in Lansing. Ingham County is where any lawsuit needs to be filed, but before you do that it is important to insure you've got a legal basis to do so. Did you provide all... View More

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: My daughter rents a single family house in Detroit, Michigan. The landlord notified me that the house is in bankruptcy.

Will she have to continue to pay her monthly rent? She pays her utilities and water, also. She lives in a high area of properties that are selling at an astronomical price. Will she need proof of a deed that the house is in bankruptcy?

Brent T. Geers
Brent T. Geers
answered on Oct 24, 2019

The landlord's bankruptcy does not terminate your daughter's obligations under the lease.

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