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Michigan Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Who can help me I live in Bay City mi my water is brown housing inpection saw it also broken fridge and cold air

Housing choose not to put in the report also holes in floor which my toes turn black and had to get treatment had buy water where can get someone to. Come see water is brown

Peter N. Munsing
Peter N. Munsing
answered on Oct 22, 2019

Start with seeing if there's a housing coalition in the area. Call Legal Services/Legal Aid. Even if you aren't eligible, ask to speak to someone in their housing unit; ask them if someone from that unit is now in private practice, then call that attorney. Good luck!

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I have been a resident of an extended stay hotel for over 2.5 years. I have a great relationship with the staff

A staff member informed me I owed $55. This was not correct and the receipt verified this. I pointed out that he was incorrect and that I had a zero balance. I was then kicked out. I owed nothing and had never had a complaint but had 2 hours to move 2.5 years of items. What can I do

Brent T. Geers
Brent T. Geers
answered on Oct 20, 2019

Short answer is nothing. You do not have the same tenant rights you otherwise would have while in an extended stay hotel. It's no different than a hotel kicking out a guest in the middle of the night for noise complaints.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can a landlord sue for eviction within 2 weeks? I thought you had to be 30 days past due?
Brent T. Geers
Brent T. Geers
answered on Oct 14, 2019

The landlord can start eviction proceedings anytime you are late. However, that triggers a right to cure. In other words, if you pay, than the proceeding stop.

If you are chronically late, or if there are other lease violations, the landlord can give you a 30 day notice to quit. And for...
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1 Answer | Asked in Real Estate Law, Consumer Law and Landlord - Tenant for Michigan on
Q: Who do I talk to about a realastate agency suing me, for properties they never fixed, while I lived there?

All Pro, the company I rented from for 7 years, never fixed anything that would break down. I moved from their in August, waiting and thinking I'd get some of my deposite back. Now that the home needs painting and carpet, they want me to pay for it, after I've already replaced many... View More

Trent Harris
Trent Harris
answered on Oct 10, 2019

You would want to talk to a civil litigation attorney who is experienced in landlord tenant and collection defense. Or, you might consider filing bankruptcy, since it might be cheaper than defending the suit.

As to the merits of your case, you would probably need to have good proof that the...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Is the landlord responsible for damage to the tenants property?

I received a phone call from a tenant stating that a leak in a bedroom had started the night before as a result a part of the ceiling fell down due to the excessive raining damaging some of the tenants property. Am I responsible for any property that was damaged of the tenant?

David Soble
PREMIUM
David Soble
answered on Oct 3, 2019

The landlord - tenant relationship has several implied warranties that the state law recognizes. The warranty of habitability requires landlords to keep their property habitable regardless if their are provisions in the lease that require a tenant to make minor repairs. Large repair items such as... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: My apt complex removed everyone's balconies mid-lease. They claim that the city made them do it. What can we do?

The apartment complex completely removed everyone's balconies mid Lease without offering anything in return. I was wondering if we might have a class action lawsuit against our landlord to receive rent reduction or break our leases without penalty.

David Soble
PREMIUM
David Soble
answered on Sep 28, 2019

While it sounds as if the complex was removing the balconies in compliance with the city's building enforcement, there is no harm in requesting a reduction in rent because the balcony was part of the space initially leased. You may have the ability to exit the lease without penalty, however,... View More

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Michigan on
Q: Could the lessor be in breach of contract?

I moved into my apartment in November 2018. As of September 2019, not one item from my move-in checklist has been addressed. I have a ceiling fan that is inoperable due to the fact that it is not securely attached to the ceiling. I have a non-functional bathroom exhaust fan, which was inspected by... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 9, 2019

What would you like to do?

You may be able to withhold rent and/or fix things and subtract it from your lease if the repairs are ‘necessary’ to make the place habitable but only if you follow the appropriate procedures to do so.

A better option would be to walk away and rent...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: My tenant's year lease ended 7/31/19. He told us on 7/29/19 that he was moving out. No 30 day notice. Can I sue for Aug?

There's also a lot of damage that his security deposit will not cover. I probably need to sue for damage as well.

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 6, 2019

It depends on what your lease says. Does it REQUIRE 30 days notice or is it a typical 'one year' lease that says IF the tenant holds over it becomes a month to month lease? WIthout seeing the lease, it is impossible to answer youre

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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I received a notice to quit to be evicted by landlord and his reason is because he’s Selling it

He says he has to sell or lose it to the bank so he’s given me 30 days to move which he mailed to me. No court date has been filed until after the 39days which I do need more time because I’ve been unemployed Since April but will start a new job aug 20th. What can I do to get more time before... View More

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

Your best bet is to communicate with your landlord. Understandably, he wants to sell the property with you out of it. Perhaps you can negotiate a bit of give-and-take whereby you agree to allow showings while you are there in exchange for 60-90 days.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: How can I get more time before being evicted?
Brent T. Geers
Brent T. Geers
answered on Aug 5, 2019

If a judgment has been made, you will need to make contact with your landlord and ask for more time. Once the time period in the judgment expires (usually 10 days), the landlord can request a writ of eviction at anytime.

1 Answer | Asked in Contracts and Landlord - Tenant for Michigan on
Q: Can the landlord charge me for trash if the lease says trash is included?

If the lease I signed states trash removal is included in rent, but now they want to charge me $9 a month extra with out a new lease is that legal?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 5, 2019

Unless the landlord has significantly improved the trash removal services included in the lease--like going to a system where someone will be picking up your trash at your door--the current term in lease still applies.

1 Answer | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Michigan on
Q: My mother passed away with no will. As her daughter, am I now responsible for her mobile home?

It is located in a seasonal campground where she paid a monthly lot rent. The trailer was never registered in her name, but she signed a lease in 2012. The owner is taking me to small claims court for the rent and cleanup fees. She says my mother added my name to the rental agreement, but I've... View More

Trent Harris
Trent Harris
answered on Jul 26, 2019

No, you shouldn't be responsible for your mother's debts because you are her heir. And if you didn't sign a lease and never occupied the property, then you shouldn't be responsible for the lease either. If you paid rent for a while, that doesn't necessarily mean you became... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I had a lady staying with us rent free (never changed address was supposed to be temporary) we asked her to move out

She moved but left a lot of belongings. I have tried to call and text her no answer. How long do we legally have to hold it? Or do I have to go though a eviction process?

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 25, 2019

TECHNICALLY you would need to evict her to have the right to remove her personal property from your real estate. Whether or not there was a 'formal' lease is not relevant.

PRACTICALLY there may be better answers. (E.g. sending her a bill for storage may be just the ticket to get...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my landlord make me move out without a proper eviction notice?

My landlord sold the house we are currently residing in while we still have 6 and a half montns left on our 2 year lease. He called me about 15 days ago stating that he sold the house and was waiting to see if the people were going to be approved. He called back about 3 days later stating they were... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 19, 2019

If you have a lease that has not yet expired, and are current with rent, haven't violated any terms of the lease, etc. then no -- you can't be 'evicted'. You will note a lot of 'caveats' there -- the only way to be sure is to get local legal help.

On the OTHER...
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1 Answer | Asked in Landlord - Tenant, Real Estate Law, Civil Litigation and Legal Malpractice for Michigan on
Q: Can my landlords atty still obtain a Writ of Eviction since the time to apply for same lapsed approx 3 mos ago?

10/2018 I received a notice to quit (home is being sold, eviction is not for non pymnt) from landlords atty. I lost eviction case 1/7/19. I appealed the judgment pro se. 2/13/19 I received notice of intent to dismiss appeal via truefile. The notice was also sent to landlords atty. I submit the... View More

Brent T. Geers
Brent T. Geers
answered on Jun 10, 2019

Yes, the attorney can obtain a writ of eviction. Your appeal was dismissed, and so the judgment issued in January remains valid. The original date to obtain a writ of eviction is simply a waiting period; in other words, the landlord must wait until that date to obtain a writ of eviction, but he or... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I am disabled and was given a Notice to Quit on May 29. What are my rights?

There is alot more specific details that go along with this problem. I am on a limited monthly income as well.

Brent T. Geers
Brent T. Geers
answered on Jun 2, 2019

Without knowing why you are being evicted, it's hard to say what your defense may be. If you are in a special housing situation (e.g. "Section 8"), you may have some additional protections. Best thing you can do - especially since you say you have limited income - is to take your... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My lease ends 5/31/2019. Landlord said we could stay till June 15th with up front pro-rated payment.

However, we won’t have that money until June 5th or so. Landlord stated if they do not have payment by Tuesday May 28th her workers will be in June 1st to start preparing for next tenant. Trying to do things properly but we can’t give what we don’t have...every intention on paying the... View More

Brent T. Geers
Brent T. Geers
answered on May 25, 2019

Landlord would need to serve you Notice to Quit before receiving a court order to evict you. You'll need to check your lease about what it says about landlord access in the interim; typically a landlord may access your place for particular purposes and with reasonable notice, outside of a true... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Michigan on
Q: My mother passed intestate. She left an old mobile home that was never transferred in her name. Am I responsible for it?

It's in a seasonal campground and the park owner wants it renovated, removed or demolished. I want nothing to do with it. Also, the park owner misplaced my mother's lease. Can I take the belongings and walk away?

Trent Harris
Trent Harris
answered on May 25, 2019

So you’re saying you don’t think there is a certificate of title saying your mother owned the trailer. Or, she leased it and didn’t own it.

If that is truly the case, then the trailer didn’t legally belong to your mother. It would not be property of her estate, but the estate could...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Just notified lease non-renewal, 5/13/19. Want me out by 5/31/19. Shouldn't I have had 30 days notice? No reason why.

Claimed they mailed me 2 notices: 4/29/19, Notice to Quit & 4/30/19 Non-renewal of Lease. I never received either one. When I emailed to inquire about new lease, that's when I was told (5/13/19) & recvd "copy" of Non-renewal of Lease letter.

Brent T. Geers
Brent T. Geers
answered on May 15, 2019

You are likely correct that you should have received 30 days notice; and it sounds like the landlord is saying they did send it out with 30 days notice.

If you do not move, the landlord may then initiate summary proceedings in district court. You will be notified of a court hearing, and the...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Is the landlord responsible to replace clothing soiled by a raccoon when he got into my apartment?
Brent T. Geers
Brent T. Geers
answered on May 6, 2019

Likely not. Do you have renter's insurance? If not, you should, for just this very reason. Landlords (and their insurance companies) are generally not responsible for your personal contents.

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