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Michigan Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: Can I end the lease with out my ex having to take over

My ex and I were on a lease together our lease ends may 15 however the complex is refusing to take my name off the lease stating my ex needs to make 3 times the rent and be able to put the apartment in their name. Is this leagal being I have notified the apartment complex that I was moving over 60... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 3, 2019

As long as you do not sign any new lease, or sign any extension of the expiring lease, the landlord cannot hold you liable for any rent beyond the May 15 end of the lease.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Being evicted from land contract home. Can I remove improvements I made like cabinets, stairs, flooring, water htr etc?
Thomas. R. Morris
Thomas. R. Morris
answered on Mar 31, 2019

Short answer: No. A different answer is possible if the land contract gives you that right, but I doubt it.

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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my landlord evict me for possession of property even though I'm not behind on my rent? We are on a month to month
Brent T. Geers
Brent T. Geers
answered on Mar 27, 2019

Yes, the landlord can. They would be filing a 30-day notice to quit. Absent some unusual circumstances, the nature of a month-to-month lease is that either party can end it.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Is there a MI law that requires landlords to allow a contract to be broken if tenant has to relocate for work?

The company I work for is closing our location and has to relocate me (possibly out of state upon my choosing), is it still okay for my leasing company/landlord not to let you me out of my lease (with advanced notice) in the state of Michigan? We tried to give a 3 month advance notice asking if we... View More

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

Michigan law does not provide for this. Unless otherwise stated in the lease agreement, or agreed to by the landlord, you could be subject to early termination problems.

You've done the right thing, though: explain the situation to the landlord. This is a negotiation. You may likely...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I had a running toilet but didn't know it affected my water bill Landlord won't pay
Brent T. Geers
Brent T. Geers
answered on Mar 19, 2019

You may be stuck with this water bill. If you didn't know it, the landlord arguably had no way of knowing about the problem either, and no duty to fix it. The city (or whomever entity you pay water to) will typically have a provision about leaks that basically requires your water bill to... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can a landlord charge more for more tenants when there are enough bedrooms for each tenant?

3 bedroom home and currently 2 tenants. Tenants want to add a third roommate for the third bedroom and the landlord said she would have to charge more.

Brent T. Geers
Brent T. Geers
answered on Mar 18, 2019

Yes - but see lease for terms. Your lease agreement, not the number of bedrooms, determines who may reside in the property.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: My dad owns a house he hasn't lived in for 10+ years. I've lived here for 8. Can he move back in without evicting me?

He was recently kicked out of the house he was living in. Now he wants to move into the house he owns, while I'm still here. There is no written agreement.

I'm aware I can be evicted. I'm asking if he can legally move himself into the house without evicting me?

David Soble
PREMIUM
David Soble
answered on Mar 15, 2019

Unusual question because it is between family members, but generally speaking, without any existence of a written lease, he could evict you under the theory that you are a month to month tenant.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: what kind of a lawyer do i contact (free if possible). my land lord is charging me for repairs in my apt. I pay $625

I pay $625 a month and have been there 14 1/2 years. Is this legal?

Brent T. Geers
Brent T. Geers
answered on Mar 12, 2019

You will need to find a lawyer who handles landlord-tenant issues from the tenant side. What will matter is the nature of the repairs, and what any lease says about who is responsible for those repairs. It does not matter how much rent you pay or how long you've been there.

1 Answer | Asked in Contracts and Landlord - Tenant for Michigan on
Q: The apartment i live in has a management corp. running the complex. Can i sue both owner & mgmt or just mgmt?

I did not know that i had to state a claim upon which relief could be granted in ordet to have a question answered sir.

Please forgive me. - - the question is this i have a lease with apartment complex. Section 1 states: Lease is between me and owner LLC, however Section 2 states: for... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 13, 2019

You have not provided enough facts for me to be able to determine whether you have a basis to sue anyone. However, if you claim that the lease was breached by the landlord, your claim would be against the landlord, whom your refer to as "owner LLC", and not against any of the... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My tenants lease expires 3/30. They want to do a walk through that date. Must I give them their security deposit then?

Can I do a checklist walk through myself and then send the deposit.

David Soble
PREMIUM
David Soble
answered on Feb 10, 2019

You don't need to have the tenant there to do a walk through of the property, however, you do need to complete the check out list and provide them with a copy of your checklist with an itemized list of damages and costs for repairs within 30 days after the termination of occupancy.... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My tenant moved in and discovered roaches, my responsibility as landlord?

Tenant moved in on Friday, noted roach on Saturday. I delievered baits/bombs that night. I got professional exterminator in to treat following Tuesday. She was so upset, she wanted out of lease which I allowed, but she wanted security deposit before she moved out which i did not allow to prevent... View More

John Martin Hilla
John Martin Hilla
answered on Jan 15, 2019

As landlord, you have a responsibility under Michigan law to keep a property fit for habitation by humans, which is to say, fit for the property's intended use and in compliance with State health and safety laws. Tenants have the responsibility to exterminate insects that appear if they were... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: How far back, in a criminal record, am I required to submit to a perspective landlord?

If a perspective landlord wants my criminal record, who would pay the fee for the request, them or me?

Brent T. Geers
Brent T. Geers
answered on Dec 26, 2018

You would need to look at the exact wording on the application. Unless otherwise specified, you should be prepared to disclose or have discovered your complete criminal history. If you are 60, then that is going to mean 42 years. Who pays for the record request depends on the landlord. Many... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Michigan on
Q: As a landlord who owns three homes in MI that are rentals, do I have to allow service animals or therapy pets?
Brent T. Geers
Brent T. Geers
answered on Dec 26, 2018

I qualify my "yes" answer with you need to check into your compliance with the Americans with Disabilities Act and any applicable state or local ordinances addressing same. Very generally, you could not deny housing to an otherwise qualified tenant just because they make use of a service animal.

1 Answer | Asked in Contracts and Landlord - Tenant for Michigan on
Q: Rent due 4th, charges 20$ per day late, is that allowed or is there a grace period. Michigan

Their lease states 20$ per day late , thought there was to be a grace period of 5 days. Already received email of notice to quit.

Brent T. Geers
Brent T. Geers
answered on Dec 8, 2018

It comes down to what your lease says. The law does not provide for any sort of grace period. And many leases contain a provision that if you are late paying a certain number of months, it's a violation in itself. As to whether you will actually need to pay the $20 / day late fee. Some judges... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can I refund a tenants money and terminate a lease?

I have a short term lease (2 months) He has paid in full for the 2 months, but we are only 1 month into the lease. His behavior isn't criminal, but extremely uncomfortable.

Brent T. Geers
Brent T. Geers
answered on Dec 8, 2018

The answer would be no, mainly because you'd need to do a 30-day notice to quit to terminate the lease legally, which would push you beyond the remaining time period. However, you should serve a notice to quit anyway just in case your tenant tries to extend his stay.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can you help me get a time extension from a Notice To Quit?

Sir/Madam,

I am a 75 year old apartment renter.

Last Tuesday, November 27, I found an envelope pushed under my door, which contained a carbon copy of a form, Notice To Quit To Recover Possession Of Property, Landlord-Tenant. The form states; “You must move by December 4, 2018,... View More

Brent T. Geers
Brent T. Geers
answered on Dec 5, 2018

Your landlord will now need to file a complaint with the court, telling the court that they provided you notice to move by a certain date (Notice to Quit), and that you have failed to do so. This will generate a court hearing at which you both will need to attend. At that hearing, you may explain... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Michigan on
Q: How to break a lease. Without roomate approval.

I have a lease with another person I need to brake the lease because I have a job in another area. 2 1/2 hours away.He will not come to an agreement with me. I do not have money to pay the lease through September. He has made me feel unsafe there due to his actions. Please advise me.

Thank you,

Brent T. Geers
Brent T. Geers
answered on Dec 5, 2018

When it comes between your safety and money, choose safety. That said, if you signed a document that makes you equally or jointly responsible for the rent, then a natural consequence of breaking this agreement is that you may owe your roommate money. There are legal ways for your roommate to... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Detroit MI. I need to charge evicted tenants with all my costs for eviction, otherwise I will soon be bankrupt.

I am told I can't charge for lawyers to prepare eviction papers, nor court costs, nor dumpsters , nor anything else except for rent.

Can i charge for these in my request to evict, ~( which then gives an eviction date of up to 56 days )

With above costs being in the region of $... View More

Brent T. Geers
Brent T. Geers
answered on Nov 12, 2018

You should consult with your property management company or a Michigan attorney to work out a lease that better protects you from some of these costs. But bottom line is that being a landlord is a business and it costs money that you may not end up recovering in order to evict someone.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Is removing all property after expired/signed order to quit considered forfeiture?

Tenant removed all property from apartment, with the requested help of the property manager. The order to quit 7 days had passed, locks were changed. The tenant the same night broke in and put property back into apartment. Do I have any recourse besides eviction procedure?

Brent T. Geers
Brent T. Geers
answered on Nov 12, 2018

No, and this may be an unlawful eviction. Expiration of the 7 day notice to quit allows you to move forward with summary proceedings, which would still lead to a hearing. It is not an eviction order to allow you to change the locks. That comes after a judge says "you have 10 days to... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: After 20 years living at a complex, can they just up and kick you out?

Been a resident since the beginning of construction of the complex and that was in 1999. Now they are changing what incomes they accept. Are they allowed to just kick me out after I’ve lived there so long? They gave me 3 years to pack and leave.

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2018

While you likely have some additional protections in an income-sensitive development, it may not last forever. You should absolutely have an attorney review whatever paperwork you have, but likely the answer will be that you need to use these three years to prepare a new place.

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