Michigan Landlord And Tenant Legal Questions

Your Landlord might be in violation of the security deposit act. You need a solid landlord tenant law attorney, you may be entitled to damages. Landlords are required to STRICTLY comply with the statute. Security deposits are escrows and do not pass to the landlord without compliance. Depending on the facts, this could be a very good case. ... Read More

MCL 600.2918 is pretty clear: "Any person who is ejected or put out of any lands or tenements in a forcible and unlawful manner, or being out is afterwards held and kept out, by force, is entitled to recover 3 times the amount of his or her actual damages or $200.00, whichever is greater, in addition to recovering possession." Just because it is a commercial lease does not matter, "ANY" includes you! If you are located in SE Michigan, this case is of interest to me.  I can be reached at 248-825-3131... Read More

You have an absolute right to evict them. But do it right: use the court forms and serve them with a notice to quit, then, if they refuse to move out, you will have to file an eviction against them. in the notices (so they don't bring in MORE friends) be sure to include each one AND "all other occupants." Times are hard but no one gets to stay for free. After they are evicted, if they try to move back, they are in contempt of a court order good luck to you... Read More

these are expenses that can be included in a lease, in some leases the LL pays these items and sometimes the tenant does.  without a written lease you are a month to month tenant and the LL can put you out with 30 days notice. it is not illegal for these charges to be added but most LLs just charge rent and pay these expenses themselves note if there is an insurance policy, does it cover your personal property or is it just the LL's structure that is covered? check the policy and be sure.... Read More

your landlord may have committed an act of conversion of your personal property and the security deposit. if your landlord did not give you notice at the beginning of the lease where they had your security deposit, you can get back double your deposit. additionally, demanding your be out before the last day of the lease, assuming rent was paid, was a wrongful eviction and breach of the contract of lease. as someone who has dealt with a disability all my life, I am DEEPLY offended by your landlord's conduct. If your facts hold up, any Lawyer should be able to cut this landlord down to size and just about any judge will find their behavior repellant.  ... Read More

send a certified letter to landlord: identifying the escrow account (separate account, suggest a credit union) you are putting the rent into the estimated cost of the repair the number of times you have contacted them about the issue and their response advise you will negotiate on how much rent to pay the rent once the repair is done   cautions- landlords will treat this as a declaration of war they will probably NOT renew your lease after this   good luck... Read More

The only way you can get out of this is if Yes directs their manager to drop the case or you convince the judge to drop it. It is kind of wacky for a company to countermand their onsite management so many times and the management keep at the tenant. Legally, their managerhas the power, until her boss tells her to stop.  ... Read More

they have to be honest and correct in their billing. put any diasgreement in writing and give them a set period of time then take them to court- they have a duty of fairness in the contract and, if they are just trying to make stuff up to keep the security deposit, the court will see their actions as breach of contract and allow you to get some if not all your security deposit back. If they did not give you a receipt for your security deposit when you made the lease, they have already broken the law... Read More

The case was either dismissed or it wasn't.  If it was dismissed, they have to bring a whole new case. If it wasn't normal in-case service of process (sending pleading by mail or Michigan e-file system is acceptable to reinstate. From a practical standpoint, it will probably take until the 15th to get the matter on the docket, for it to be heard and for the Order to issue (courts rarely give less than a week to move).  Consider calling up the landlord, explaining your situation and perhaps offering half a month's rent through the 15th. Saves you time and losing work going to court. Good luck to you.... Read More

A landlord has an implied warranty of habitability. A lack of water or heat are typical but, if the landlord is aware of the safety issues,  A well constructed letter, describing the situation, and demanding they either secure the premises from crime or let you off the lease will probably get the landlord to agree to let you break the lease. You cannot break the lease on your own but it would not be a bad idea to remind that if a serious crime causes harm to you, they are on notice and it is no different than if you slipped and fell on the ice.... Read More

you need to give them a NOTICE TO QUIT and file an eviction when you if violence or the possibilty of violence has been threatened, the court rules permit a shorter notice period- be prepared to prove to the court that the threats were made- judges do not like it when people claim things that are not true ... Read More

Michigan law requires you to send notice and you can then put the rent into escrow, if they don't fix it within 3 months, you get it back. The damage is a breach of the warranty of habitability. You are entitled to be compensated for the days you ebndured from the condition. Calling the GreatLakesLegalAid.org is advised  ... Read More

As long as you gave the Landlord notice of your new address, you may have a counter claim against them. Michigan law requires the landlord give a statement to the former tenant within 30 days of moving out. How the landlord handled the security deposit can also open them to additional claims. If you live in the tri-county area I would very much be willing to take this on, if not, I invite you to call to learn what your rights are at no charge. ... Read More