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Michigan Landlord - Tenant Questions & Answers
2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: We signed a 1yr lease last that ended March 1st this year . We went about purchasing a home and are in the process

Of closing on it . However now our landlord is stating that the lease has an automatic renewal for another year. If that's the case shouldn't we have received a notice prior to the lease ending date allowing us to decline renewal ? And wouldn't we need to sign a new lease?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 27, 2018

It depends upon the terms of the lease. Such a provision in a lease is probably enforceable. But it is possible that a local law (such as the Ann Arbor landlord-tenant code) could affect the application of the clause.

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1 Answer | Asked in Contracts and Landlord - Tenant for Michigan on
Q: when a lease ends and no new lease has been signed and your still there paying monthly for 9 years and u wont to leave

can u just give the landlord a 30 day notice to leave ( when the lease ended is that lease valid in any shape or form)

David Soble
PREMIUM
David Soble
answered on Mar 12, 2018

You most likely are considered a month to month tenant without a new lease. However, the argument could be made that you are a year to year tenant based upon so many years that you and your landlord had this informal agreement. I think thirty days notice should suffice. Good luck.

1 Answer | Asked in Collections, Landlord - Tenant and Tax Law for Michigan on
Q: 2 roommates and I fell behind on our rent payments. The full amount owed shows on my credit report as Individual Account

What does this mean if I try to settle? Also, how does paying taxes on forgiven debt work when a debt is shared?

Adam Alexander
Adam Alexander
answered on Feb 22, 2018

If you co-signed the creditor/debt collector can collect from either of you or all of you. You all owe the entire debt - although if one pays it off entirely, the others no longer owe the debt.

If you try to settle the debt for less than the full balance, be sure to get it in writing that...
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1 Answer | Asked in Probate, Collections and Landlord - Tenant for Michigan on
Q: My mother passed away in early November of last year. She was in an assisted living apartment at the time.

We vacated the apartment the 25th of Nov and turned possession over to the assisted living facility at that time. My mother and I had a joint checking account, and I removed her name from the account after her death. The assisted living facility is now sending me invoices stating that our mother... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 18, 2018

Assuming you are right in that ONLY your mother signed the lease and you didn't guarantee it in any way, then yes, they could TRY to go after her estate, but if there was nothing in her name alone at the time of her passing, there are no estate assets for them to attach.

Look carefully...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Does this mean I can end my lease prior to the termination date?

"30 day written notice is required for Lease termination and any partial month will be billed as a full month" - there is nothing written about the lease renewing, that is the whole paragraph.

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 14, 2018

To answer this an attorney would need to see the WHOLE LEASE not just the 'whole paragraph', and put it into context. Does this refer to holding over? Sounds like it may. If that is the case, the LENGTH of the lease is 30 days so there isn't a 'prior to the termination... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Michigan on
Q: Landlord died. Property in probate with PR. No contact. Management company demanding rent won't give proof of authority

We've attempted to establish a relationship with the management company. Made no progress due to how rude the relations supervisor was. Holding rent in escrow until we receive authority papers showing the order to collect. Should we attempt to contact the law firm where the PR is employed to... View More

David Soble
PREMIUM
David Soble
answered on Feb 14, 2018

Authority would come either from the personal representative / trustee of your former landlord's (LL) estate. However, if the LL had this company in place before they passed away, there should be no interruption in services from the management company. Until verified, you can place your... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: If i received court papers stating.a parcel payment will stop a eviction. Will it?

I received paper that my landlord won't renew my lease. So i held up the last month rent. 8th is when I'm supposed to pay by. I already had court dates but didn't go. Will this parcel payment stop the eviction for now? How much do i pay?

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 8, 2018

I assume you mean PARTIAL payment?

1) Not going to a court date means you lost.

2) MOST orders state a partial payment will NOT stop an eviction. Are you sure you read that right?

3) If your lease has ended, and you didn't show up for the court date, I would assume...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: My landlord died..what happens next?

He had a recently put the house up for sale but died during the process no contact from executor of estate not sure what to do next a realtor contacted me and said he was the property manager now no paper providing me with anything and asked me for money.feeling nervous .

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 1, 2018

Your instincts are 'spot on' and you SHOULD feel nervous.

Tell the real estate person 'that's nice, but where are your letters of authority'? and put your future rent into escrow until someone SHOWS you they have authority to receive payments. Seek local legal help...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I live in MI and I rent a home from a man that is a "managing member" of a business in IL.

I don't think that my landlord or his company have a real estate license. I don't have egress windows in the basement bedrooms, no fire extinguishers or smoke alarms. I am having a very hard time keeping the house above 60 degrees. I have been battling this for 2 winters and only today... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 1, 2018

What recourse are you looking for? Did the landlord force you to live there and pay rent? You say you are a 'tenant at will' (I assume that means 'month to month tenant'). If that is the case, you CAN move out at any time if you don't want to live there any longer.... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can I charge interest on money owed from a ex tenant post judgment?

Garnishing was dismissed by the judge because she wanted to pay directly. Also what could I charge as interest if I am able to?

Brent T. Geers
Brent T. Geers
answered on Jan 30, 2018

You are (likely) entitled to charge post-judgment interest. There is a set rate established for this, and a certain way as to how it is calculated.

You should review the court paperwork. What likely happened is that the tenant motioned the court for an installment payment plan. This would...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: i live in a house got notice to leave by feb 16 moved in oct 22 2012 no cert of occupancy since oct 2015

property registered with wayne county in ex husbands name of the lady I pay rent to by money order and she listed the property tax bill with the city in her sons name all money orders made out to her no repairs made to house by her a lot of repairs needed roof etc. advice please

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 30, 2018

I recall hearing media reports that Detroit has new rules for residential rental property. What exactly is your question? It sounds like the landlord is unwilling to comply with the new requirements, and simply wants to no longer rent the property. Therefore you need to move.

If you have a...
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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Michigan on
Q: Is a handwritten purchase agreement, signed and dated by both parties, enforcable in MI? What if the seller backs out?

Essentially, I have a lease w/option to purchase, and the seller got a better offer and is now treating this as a lease, and using every available means to make it simple and cheap for herself by simply having me Evicted.

David Soble
PREMIUM
David Soble
answered on Jan 30, 2018

A Contract must have an Offer, an Acceptance, Consideration, Mutuality of Obligation, Competency and Capacity. An Option to Purchase is a contract unto itself provided the above 'elements of a contract" have been met. But Options do expire. The Seller may be able to sell the property to... View More

1 Answer | Asked in Small Claims and Landlord - Tenant for Michigan on
Q: I bought a jetski and the trailer for it 2 years ago from my old landlord. He gave the title to my ex boyfriend. Well

My ex never gave me the title and its still in my old land lords name. And my ex lost the title. I have the Jet Ski and the trailer. But now i need the title to sell it. My old land lord has told me for 6 months he will give me a copy but has not. So im not sure what to do.

Brandy

Adam Alexander
Adam Alexander
answered on Jan 21, 2018

If the landlord won't provide the title, you have to file an equitable action in your local court to compel delivery. However, prior to that, I suggest you hire a lawyer to send a demand letter to the landlord. That should do the trick - and cost you a lot less money.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: the well in the house i am renting has went dry and i am wanting to know what my rights are

the landlord has been informed and says she is working on it. my question is, do i have to pay rent for the days the house is considered uninhabitable and can i deduct the cost of the water i am having to purchase from the rent? i have been without water for more than a week and my landlord has not... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 3, 2018

There is an implied warranty of habitability which includes (in MI) heat and water when you are talking about residential housing. TALK to your landlord about this as they will likely be willing to work with you rather than playing the 'rights' card immediately. If they will for example,... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I received a “Notice to Quit” to recover possession of property along with letter from my apartment complex

Stating they are not renewing my lease and I have 30 days to vacate. I’m sure it’s because I’ve been late many times (but always paid late fee and court costs)

In any case, I am in the process of looking for a new place my question is.....do they still have to take me to court to... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 3, 2018

Yes. They DO need to take you to court if you don't voluntarily move out at the end of the lease. This can take up to 2-3 weeks to happen depending on the Court schedule.

HOWEVER, if you don't move out voluntarily, they can also get a money judgment for costs and attorneys fees...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I'm up to date on my rent can my landlord kick me out with only a 5 day verbal warning. there was no written contract?

I am, what I have learned, an excluded tenant as I do share a house with him. but I have been up to date on every payment and suddenly he just tells me I have 5 days to relocate.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 25, 2017

Some of this will depend on your lease (if any) but in GENERAL, to terminate a lease requires notice equal to one term of rent. If you pay monthly, that means 30 day's notice, if you pay weekly, then 7 days. I suppose if you pay every 5 days then that would be appropriate, but that would be a... View More

1 Answer | Asked in Criminal Law, Personal Injury, Landlord - Tenant and Wrongful Death for Michigan on
Q: If my son was murder in a apartment complex can i sued the apartment complex

of there camera did not work now no one will talk to the police so can i sued tthe apatment complex cause it no justice for my son

Peter N. Munsing
Peter N. Munsing
answered on Dec 7, 2017

You need to contact a member of the Michigan Assn for Justice who handles Landlord liability. They give free consultations. However a landlord is not required to have a working camera unless that is part of the lease, and security issue cases are often difficult, especially as the Republican... View More

1 Answer | Asked in Landlord - Tenant, Legal Malpractice and Real Estate Law for Michigan on
Q: Electrical fire in Apartment Building , Landlord Responsibilities .

I am a tenent in an apartment in Michigan , I moved in about 25 days ago during the first week of November. This past weekend there was a electrical fire in the circuit board for the laundry room. I called 911 and they came in to put out the fire but the entire apartment building consisting of 4... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 1, 2017

The answer is going to be located in your lease. Without reviewing it in detail it is impossible to say, however, there is likely a section about 'damage or acts of God' or something similar that will define the landlord's and tenant's responsibilities and the impact such damage... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: My daughter signed a lease agreement at her college thinking that it wasn't set until I guaranteed the lease and paid th

deposit. They said that they did a credit check on her (she has none) and approved the lease after she signed so she is responsible. Is that true?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 15, 2017

If she is over 18 then it probably does maker her responsible. Without seeing the lease she signed (she DOES have a copy, right?) it is impossible to say for sure however.

NOBODY should EVER sign a legal document WITHOUT reading it completely first, and if there are sections that are...
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2 Answers | Asked in Contracts, Real Estate Law, Insurance Defense and Landlord - Tenant for Michigan on
Q: Who is responsible in case of an accidental apartment fire?

My roommates and I recently had a kitchen fire in the apartment due to turning on the wrong burner. The lessor replaced the appliances, brought in a cleaning crew, and then billed us! We were not given any chance to hire/buy anything ourselves. Are we liable for the bill? Note, it does NOT state... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 13, 2017

I would look more closely at the lease. You may be responsible to return the property undamaged at the conclusion of the lease. That clause, I suspect, imposes liability on you. Sorry to not have a favorable answer. Were the fire to have been the fault of the equipment supplied by the landlord,... View More

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