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Michigan Landlord - Tenant Questions & Answers
2 Answers | Asked in Civil Rights and Landlord - Tenant for Michigan on
Q: My disabled/wheelchair,homebound father received a "notice to quit"No reason stated, other was marked.

8yr tenent, always paid rent on time. Has been homebound due to no handicap accessible ramps. Apt. never repaired for safety. I txt landlord an t said it was because they want to renovate. He has no where to go, no family in state and very low income senior with disabilities and no one else receive... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 21, 2024

Michigan is not one of those 'many' areas the California lawyer mentions that provide 'special protections'.

Absent a showing that the eviction was 'retaliatory' or 'discriminatory' in a way protected under Michigan law, a landlord is not FORCED to...
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2 Answers | Asked in Landlord - Tenant for Michigan on
Q: My tenant asked if he could leave early if he found a place to rent and receive his entire deposit back. Can we rescind?

My partner was at work and busy when he responded "sure" and he was also given incorrect information that we have since found out isn't correct. The tenant took advantage of my sweet partner and threatened me with an attorney because we decided that we could not fulfill his request.... View More

Brent T. Geers
Brent T. Geers
answered on Mar 13, 2024

Possibly. I think a judge could find that the text communication is a sufficient writing. The other issue is that the request isn't really an amendment to the lease; it sounds like he's asking to terminate the lease.

Bigger question for you is: why not let this tenant leave and...
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2 Answers | Asked in Landlord - Tenant for Michigan on
Q: My tenant asked if he could leave early if he found a place to rent and receive his entire deposit back. Can we rescind?

My partner was at work and busy when he responded "sure" and he was also given incorrect information that we have since found out isn't correct. The tenant took advantage of my sweet partner and threatened me with an attorney because we decided that we could not fulfill his request.... View More

James L. Arrasmith
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answered on Mar 30, 2024

In your situation, it's crucial to remember that lease agreements and their amendments generally require formal documentation to be legally binding. If your lease explicitly states that any changes or amendments must be documented and signed by all parties involved, then a casual... View More

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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Lease does not include MTM fees, but being charged anyway.

Our apartment lease in Michigan ended and we were told we needed to renew or we'd be subject to MTM fees. The lease agreement states there is a "one-time holdover fee when the lease contract renews to month-to-month," but no monthly fees are mentioned (I paid this holdover fee.) I... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 6, 2024

In Michigan, the written lease terms continue when holding over — however — the monthly payment can change with 30 day’s notice. They can increase fees or monthly rent at any time given that notice. It’s why month to month leases are generally a bad idea for anything more than a month or two ….

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Michigan on
Q: Can I file a late appeal under MCR 7.105(G) as soon as I get the circuit court's signed dismissal without prejudice?

My appeal to circuit court was dismissed without prejudice for premature filing. Once the order dismissing the case without prejudice is signed, can I immediately file a late appeal to circuit court under MCR 7.105(G) or do I need permission from district court? I'm in Wayne County, Michigan.... View More

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2024

I'm confused by your question. It sounds like you are trying to appeal an eviction proceeding before a final order has been entered by the trial court (e.g., the district court). That is likely why the circuit court told you your filing was premature.

If this is an accurate read of...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: After signed agreement is broken is notice needed to evict

Neighbor signed agreement that her daughter would follow rules or it would lead to eviction. The daughter has broken the agreement rules, so how much notice before eviction will they have

James L. Arrasmith
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answered on Jan 28, 2024

In Michigan, if a tenant violates the terms of a rental agreement, the landlord typically must provide notice before proceeding with eviction. The specific amount of notice required can vary depending on the nature of the violation.

For a lease violation, landlords usually need to provide a...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can I just move?

I previously had a 2 bed apartment and about 4 months ago I transferred to a 1 bedroom for the same price because it was supposed to come with an extra storage room and an upgraded kitchen. When we moved in the lady that was assigned to me wasn't there so we just got our keys from a different... View More

T. Augustus Claus
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answered on Jan 1, 2024

In Michigan, the legality of moving to a new apartment without signing a lease or fulfilling a lease obligation depends on various factors, including the specific terms of your existing lease agreement, the policies of the property management or landlord, and relevant state laws. If you transferred... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Michigan on
Q: I was renting an apartment for nearly 10 years, it had toxic mold they refused to fix. I moved, they took SD, can they?

I didn’t pay the rent the month we were moving. My son had been displaced from our home due to the flooding of his room and mold since July. We moved in Oct bc they refused to do the proper remediation, or any at all, just patch work to cover the water damaged areas. I’ve spent the last 3 years... View More

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2023

I'm sorry for your ordeal. I can only speak for the injury-related attributes of your question. You could consider reaching out to law firms to try to set up a free initial consult to discuss those health/mold issues in further detail. Unfortunately, they can be difficult cases, with many law... View More

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2 Answers | Asked in Personal Injury and Landlord - Tenant for Michigan on
Q: I was renting an apartment for nearly 10 years, it had toxic mold they refused to fix. I moved, they took SD, can they?

I didn’t pay the rent the month we were moving. My son had been displaced from our home due to the flooding of his room and mold since July. We moved in Oct bc they refused to do the proper remediation, or any at all, just patch work to cover the water damaged areas. I’ve spent the last 3 years... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 1, 2023

If I understand your facts correctly, you left

Without paying the final month of rent and they took your security deposit to pay that rent.

There is no law that prevents that.

Indeed they are even permitted to take past due rent without having to file a court case....
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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: At what point can I consider property abandoned?

I am located in Michigan and have been going through the eviction process with my daughter and her husband. I filed a summons for both possession and damages. The last court appearance was via Zoom, and we have been informed we will have to appear in person on a date to be determined by the clerk... View More

David Soble
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David Soble
answered on Nov 21, 2023

Generally speaking, a property can be considered abandoned when it is determined by a court officer or court that a tenant has abandoned the property. Alternatively, if the tenant provides you with keys to the property, that is considered delivery of their interest. Other than that, you need to... View More

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: At what point can I consider property abandoned?

I am located in Michigan and have been going through the eviction process with my daughter and her husband. I filed a summons for both possession and damages. The last court appearance was via Zoom, and we have been informed we will have to appear in person on a date to be determined by the clerk... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 21, 2023

Unless there is a provision in a written lease that specifically defines when property is 'abandoned' there is no one answer to that unless the Court has made a ruling based on a supplemental complaint.

Get yourself a local landlord tenant attorney to review all the facts and...
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1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Landlord - Tenant for Michigan on
Q: Who has the duty of remedying mold in public housing?

How should the tenant proceed due to being exposed to mold and does any failure to properly remediate the mold and it's root causes, violate the Fair Housing Act?

James L. Arrasmith
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answered on Oct 28, 2024

In public housing, the responsibility to remedy mold typically falls on the housing authority or landlord. They are obligated to maintain a safe and healthy living environment, which includes addressing mold issues promptly. It's important to notify your landlord or property manager in writing... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Michigan on
Q: Is it possible that government housing inspections can violate the 4th amendment of surge and seizure and harassment?

They conduct what they call “safety inspections” EVERY month. And HUD does a annual inspection EVERY year. My argument is we are paying close to $1,000 a month, and people have the right to pursuit of happiness and tenants have right not to be harassed. It is also effecting my mental health... View More

James L. Arrasmith
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answered on Oct 25, 2024

Frequent government housing inspections might raise concerns regarding the Fourth Amendment, which protects against unreasonable searches and seizures. While safety inspections are important for ensuring living conditions meet certain standards, conducting them every month could be seen as... View More

1 Answer | Asked in Business Law, Landlord - Tenant and Tax Law for Michigan on
Q: Do I need to start a business to collect rent on a residential property I own?

The property is in Georgia and I reside in Michigan.

James L. Arrasmith
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answered on Sep 14, 2024

You do not need to start a business to collect rent on a residential property you own. As an individual, you can rent out your property and report the rental income on your personal tax return. However, there are some benefits to forming a business entity, like an LLC, for rental properties, such... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Landlord - Tenant for Michigan on
Q: As a D.V victim can I sue a housing Agency for posting photos of my daughters & I on their social media without consent?

In my complex, we have exclusive resident parties organized by the housing agency. I've consistently filled out forms stating my children and I should not be photographed or publicly identified. Unfortunately, This is the second instance where my whereabouts were revealed. The first time, my... View More

James L. Arrasmith
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answered on Jul 28, 2024

You have the right to pursue legal action against the housing agency for posting photos without your consent and for disclosing your location, especially given your history as a domestic violence victim. This repeated failure to protect your privacy and safety can be grounds for a lawsuit. You... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can I get evicted from a house I never rented I stayed there with the landlord.
Brent T. Geers
Brent T. Geers
answered on Jul 2, 2024

Yes. When it comes to real property, you're either an owner, tenant, or occupant. When you are not the owner, you can be evicted.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Is a guarantor on the hook financially if a tenant gets evicted?

An unreliable tenant may be getting evicted in my unit. If they used a guarantor to secure housing, will the guarantor be at risk financially if there are any legal issues?

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2024

Financially to the extent there is debt or money owed.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can a landlord talk to a friend that called him w/o your permission or even knowledge and discuss your financial situati
Brent T. Geers
Brent T. Geers
answered on May 9, 2024

They can do so legally. Probably not a wise business or professional practice.

1 Answer | Asked in Divorce and Landlord - Tenant for Michigan on
Q: Is it legal for an apartment complex to tell my husband I am renting from them?

My husband and I live in Michigan and are considering divorce. I went to an apartment complex to sign a lease for a new place. His cousin works there and saw me. He called my husband later that day to tell him I signed a lease. I have yet to talk to my husband to share this news yet. I’m... View More

Brent T. Geers
Brent T. Geers
answered on Apr 30, 2024

It's not illegal. Whether the apartment complex has an internal policy about their employees (e.g. the cousin) disclosing information is a separate question that you can address with the apartment complex.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can our land lord refuse to turn on our air conditioning even though we pay for it?

Our land lord unplugged our air conditioning for the winter and now that it is warming up, our apartment is 82 degrees and our land lord won’t let us turn our air conditioning on until it is a consistent 60 degrees at night.

James L. Arrasmith
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answered on Mar 31, 2024

Based on the details you've provided, it seems that your landlord's refusal to turn on the air conditioning may be a violation of your lease agreement and your right to a habitable living space. Here are a few points to consider:

1. Lease agreement: Check your lease to see if it...
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