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Michigan Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Michigan on
Q: my landlord claims that a year and a half ago he never received rent is there anything I can do about this as I sent it?

I sent check out in mail I have the stubs but he never cashed so know real proof that he received. He never gave me eviction notice or contacted me that it was not received at that time

Brent T. Geers
Brent T. Geers
answered on Jul 23, 2021

Are you still residing there? What does he want? If you are still residing there, perhaps it would be best for you to give him another check. I think it would be fair if the check is for an amount minus the fee your bank may charge you to stop payment on the previous check. You don't want him... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: If I got evicted on the 22nd what time on that date would I have to be out of there by
Brent T. Geers
Brent T. Geers
answered on Jul 19, 2021

If the court gave you till the 22nd, I would try to be gone that day. The next day, the landlord can ask for a writ of eviction, which could be served on you that next day. It's better to leave somewhat on your time frame instead of having someone show up the next day telling you you have 30... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I live In Westland Mi. Can I use my security deposit to pay my last month's rent when I am moving out?
David Soble
PREMIUM
David Soble
answered on Jul 9, 2021

Generally not. Most lease provisions will prohibit using security deposits for the last month's rent. Security deposits are used to offset any damages or other fees owed to the landlord upon the expiration of the lease. However, if you and your landlord agree otherwise, then you should do so.

1 Answer | Asked in Landlord - Tenant and Probate for Michigan on
Q: Tenant died, had year lease, 9 mo remaining, the case is in probate, is estate liable for remaining rent?
Kenneth V Zichi
Kenneth V Zichi
answered on Jul 5, 2021

The short answer is 'probably not' You have an obligation to mitigate damages or in some cases the lease is voidable upon death.

Seek local legal counsel to get specifics after reviewing the lease document, and CERTAINLY you have an obligation to mitigate damages so get the place...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my landlord put my belongings out. Can his new tenant move in if I haven’t left yet

My lease is up today. I can move until Saturday due to the storage facility flooding due to heavy rain. My landlords new tenant showed up last night stating that she had keys and was moving in on the first regardless if I’m still there or not.

Brent T. Geers
Brent T. Geers
answered on Jun 30, 2021

No. Michigan does not allow "self-help" evictions. Unless you are already subject to an eviction order, then your landlord cannot just throw your stuff out or allow someone else to move in.

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Rights and Communications Law for Michigan on
Q: My landlord came to mobile home the other day, to set up a rent payment plan.(As the owner does not want to be a part

Of the Gov.Cera plan, or MSHDA. He proceeded to tell me how he doesn't think I have a disability, I should go back to work

He's in pain everyday and he works, He doesn't feel as tho anyone should be on disability.Any insight, Because I'm really

Brent T. Geers
Brent T. Geers
answered on Jun 26, 2021

Are you already renting under MSHDA or some other program? Your landlord does not get to decide if you are disabled or whether you qualify under any program.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: We live in michigan and we hung a non smoking sign on a tree in our yard now the manager says we have to take it down

We are in a trailer rental and our daughter's are allergic to cigarette smoke and we keep finding cigarette butts in our yard from the people who the park employs

Brent T. Geers
Brent T. Geers
answered on Jun 9, 2021

The property may have a prohibition on signs. And unless there is some other general restriction on smoking outdoors, I don't see how the manager can enforce anything. The employees certainly shouldn't be throwing their butts in your yard however; the manager can and should do something about that.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can the personal items, 2 junk autos & a motorcycle be legally disposed of six months after occupant leaves.

former roommate bought a house and moved six months. Items were left behind that I cannot get him to move to his house. Hes avoiding me.

Brent T. Geers
Brent T. Geers
answered on Jun 9, 2021

For vehicles, why not have the police tag them as abandoned and impounded? They will take it from there.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: I have a money judgement in Michigan. Can I have SOS suspend license for nonpayment?
Brent T. Geers
Brent T. Geers
answered on May 28, 2021

No. But have you tried filing for a debtor's exam with the court? If debtor doesn't show up, you can ask the court for a bench warrant. If they do show up, they must produce information regarding their assets under oath.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: If me and grandma bought a home and me and her name is on the deed she died can I evict her tented s

She was not married at the time we bought the house now she has died so I have to slip it with her husband if he not on it

Michael Zamzow
Michael Zamzow
answered on May 27, 2021

The deed will determine quite a bit, and if that doesn't produce the result you'd prefer, a will or trust will determine the remainder.

2 Answers | Asked in Landlord - Tenant for Michigan on
Q: I have a question about conflict of interest.

Can my former landlord (Who is taking my business, Adorn Kids, to court right now) retain legal services from the same lawyer who represented my husband in court during his divorce proceedings not long ago? My husband is a 50% stakeholder at Adorn kids. In addition to this, My husband and I had... View More

Brent T. Geers
Brent T. Geers
answered on May 26, 2021

You may have a point here, but it sounds like it is an issue the judge may need to weigh in on through a motion you file. If you have not already, you need to seek advice from an attorney familiar with civil procedure and rules of professional conduct.

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1 Answer | Asked in Contracts, Government Contracts and Landlord - Tenant for Michigan on
Q: I recieve services through macomb county mi hud housing. In mid april, my landlord gave me a 30 day notice. He was expec

I recieve services through macomb county mi hud housing. In mid april, my landlord gave me a 30 day notice. He was expecting me to be moved by mid may, however, since hud had paid through the end of may, he said i could stay till may 31st. On may 20th my landlord and i signed a mutual... View More

Brent T. Geers
Brent T. Geers
answered on May 24, 2021

Unless other facts exist, I don't see why the May 20th agreement would not be binding. By accepting you as a tenant with HUD services, your landlord is obligated to follow their protocol.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Does the CDC eviction moratorium apply to land contract forfeiture?
David Soble
PREMIUM
David Soble
answered on May 23, 2021

No. Land Contracts are not leases and occupants under a land contract are purchasers, not tenants. In either case, during the pandemic, the court dockets have long delays, so if you can work out a settlement with the other party to resolve your issues, it will benefit both sides.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Am I allowed to break lease without fines if...?

The past 3 months, my car has been broken into and its tires have been slashed. I filed police reports but no dice. My lease ends in August, it is currently May. The lease states I can terminate the lease without fines as long as I give them notice 60 days before the end of the lease. However, I... View More

Brent T. Geers
Brent T. Geers
answered on May 21, 2021

Doubtful; But you can always talk to your leasing agent to see what can be worked out. They could always agree not to fine you, depending on how soon you wish to move.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: During the pandemic can a judge order the tenant to be out in 10 days cuz the landlord wants possession of property
Brent T. Geers
Brent T. Geers
answered on May 6, 2021

Yes. There are specific criteria and a process to be completed to prevent eviction during COVID-19. And unless the tenant qualifies, evictions can still happen.

2 Answers | Asked in Landlord - Tenant for Michigan on
Q: Can I get evicted right now?
Brent T. Geers
Brent T. Geers
answered on May 3, 2021

Yes, if proper procedures and due process considerations are in order.

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2 Answers | Asked in Landlord - Tenant for Michigan on
Q: Can I hang a sign in my storefront window warning prospective tenants about our landlord

I own a children's clothing store and we found out a year into our occupancy of this space that my landlord has a terrible reputation (I've spoken with approx 15 former tenants all with the same type of story) of taking every tenant to court upon termination of the relationship, never... View More

Brent T. Geers
Brent T. Geers
answered on Apr 21, 2021

Somewhat ironically, it comes down to what your lease allows regarding signage.

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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Is it legal for landlord to charge you for months before you move in? Then charge you for moving in on The 1st of the mo

My landlord had me pay full rent for April and May when I do not move in until May 9th. When I asked to move in on May first they wanted to charge me and additional 125$.

Michael Zamzow
Michael Zamzow
answered on Apr 21, 2021

It sounds a little unusual, but a signed written lease could explain it away. The lease should include the term start date, possession date, and payment. If you paid for the entire month of May it would be surprising if you'd need to pay anything to move in early, but without seeing the lease... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I sued my tenants & was rewarded but they haven’t paid me A check came to my house in they name is it a way I can keep.

I am asking is there a way that I can use the check that came to my house as a form of payment for the money I was rewarded. They have not pay one penny towards the judgment at all and it’s over $5000Plus they scammer so they don’t work for anybody they work for they self so there’s no way... View More

Brent T. Geers
Brent T. Geers
answered on Apr 19, 2021

Unfortunately, no. And if what you're saying about them is true, you probably don't want anything to do with that check anyway.

Your's is an unfortunate but all too familiar predicament when it comes to money judgments. The old adage "you can't squeeze blood out of...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I have a tenant on a moth to month lease,mailed him a 30 day non renewal notice, he said he will not leave due to Corona

This is in Michigan. What do I do now? I just want to make sure that I am within my rights.

Brent T. Geers
Brent T. Geers
answered on Apr 19, 2021

Contrary to what seems to be popular opinion, landlords can evict tenants during the pandemic. There are exemptions that follow specific criteria, largely on the tenant's part, to enact.

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