Michigan Landlord And Tenant Legal Questions

Contact thed Virginia Bar Association's lawyer referal. Michigan has law that severely punishes landlords withholding security deposits. In Michigan, landlords are required to give the tentant an accounting. If Viriginia has a conversion law that triples damages for civil conversion, with attorney fees, you would have a strong case. For now, paper things with a certified letter demanding repayment in certified funds or you will take legal action.   best of luck to you! ... Read More

Assuming that you lease doesn'tlimit the type and/or amount of damages which you can recover for a breach of the lease, and that the landlord's failure to repair the problem in a timely fashion constitutes a breach of the lease, you can claim  your extra expenses as damages from the breach.  In the real world, however, the landlord is unlikely to agree that you are entitled to this money, and if you want it you're probably going to have to fight about it in court, and you will have your landlord angry at you.  It would probably be better, if possible, to reach a compromise with your landlord.... Read More

According to the lease, you might be. The landlord does have an issue proving damages if they did not inspect. First rule: always video and photograph all rentals (cars and apartments) before and after possession. If you can still legally get into the unit and take pictures, I recommend it.   good luck to you... Read More

Landlords have their rights but they do not have the right to evict without cause. Depending on what your lease says, a landlord may have the right to evict for nuisance. I reccomend you get a copy of any and all police reports or runs to the property. If there is no evidence of police activity, the landlord lacks grounds. If the landlord called the cops on your girlfriend without cause, you could argue that by doing so the landlord first breached the lease and cannot evict you, as long as you pay rent, until the end of term of the lease.     You are probably going to need local legal counsel for this. Good luck.... Read More

Dear Sherri, Unless the written lease you signed with your prior landlord says otherwise, the buyer cannot evict you until the end of the term of that lease. Sadly, if you don't have a written lease, the new landlord can evict. However, right now, they have a problem, all evictions in Michigan and nationally are stayed under the COVID emergency declared by the Administration. Until that time, no Michigan court will evict you. No matter what you entitled to rent. I reccomend reaching out to the new landlord and asking them for a new 1 year lease. Tell them the eviction moratorium might go on for several months more, you are good tenant and are willing to keep paying rent to them. No one knows how long the moratorium might last, it makes good sense to have a good paying tenant for a year. If the new owner still has your security deposit, offer to have the old landlord (if she has not already done so, transfer the security deposit to them. Best of luck to you. Sincerely, Gilbert... Read More

If any rent payments to the landlord were missed, the landlord has the right to go after you for difference. While you did break the lease, the landlord is not entitled to collect rent twice. The lease is a contract and, if the landlord is not out any money, you have mitigated their damages to them but, any rent missed, they are entitled to be paid and you agreed to pay them.... Read More

There are two issues here: whether the landlord can make you move out and does he owe you anything for improvements made to the property. Regarding the first and, to you, the most important issue, can he force you to move, the short answer is he can. The property is his and you and you a month to month tenant with an expired lease.  I would write him a physical letter, asking for new lease at a rent $50 higher than your current rent and see if they respond. If you can document significant out of pocket expenditures for repairs (receipts and before/after pictures) may have some claim to reimbursement for improvements under the theory of unjust enrichment. The court will only look at this if the proof is solid and the work is substantial. best of luck to you.... Read More

He can serve you with a notice to Quit. Unless you sign on the lease, you do not have rights under the lease. Legally you are subtentant under his lease. His lease permitted you to live there. But as the leaseholder, he can require you to move. If it comes to court, Judges usually give you some additional time to move out. Do you really want to live there now that the relationship is over. Your best bet: negotiate a move out date if he doesn't help you move and an EARLIER date if he does.... Read More

Just follow the law: send her notice to quit. You should be able to evict the tenant. The mortorium on evictions in Michigan has been lifted. Given the Calendar, you will not be able to get her out of before 9/1 but rent for August is due. If she does not pay, you can deduct the August rent from her security deposit after she moves out. Remember to scrupulously account for any deductions.   I hope this helps.... Read More

You are best served sending a writing to the realtor advising them to cease all sales and marketing on the property and that if the conditonal lease does not close within 30 days, they are terminated. What you want to avoid is a situation in which they can claim they earned their fee and you did not get the tenant. Did you specifically authorize the realtor to lease the property? Did the realtor advise you of their intention to list the property for rent? Were their conditions on the rental (do you have the right to approve or deny any tenant? can you do so unilaterally?)? If you feel the realtor's actions are eggregious, you can report them to the state but unless the claim is backed by hard facts, the state will do very little. It is hard to advise you without seeing your listing agreement. Also, are you working with the broker or an agent. One day you might just sell your house and telling the broker that they have lost you as a client is not something they like to hear. If all else fails, you can have counsel send a letter but this is not a fact situation that will do much other than cost you a lot of money.   Good luck!... Read More

If you don't have a lease then you are at best a month-to-month tenant. That means even if you are doing everything you are supposed to be doing, the landlord can give you a 30 day notice to terminate your tenancy. If you don't leave in 30 days landlord can initiate eviction action after 30 days has passed since notice. Since you have no rights without an occupancy agreement you most likely will ultimately unless you can show an agreement that gives you more rights.... Read More

You have allowed an unapproved individual to reside with you. Technically you are responsible to ensure he moves when you do. You can serve him with a Notice to Quit and then follow up with an action for eviction. If you move and he does not, the apartment complex will do that. They can also sue you to recover the costs of evicting him. The best thing to do is try to have the apartment complex add him to the lease so that he remains responsible when you move.... Read More

A mortgage and the attendant documents is a contract between you and your lender. When a lender sells the mortgage and notes, or the servicing rights to those, the buyer is buying your contract AS It IS. They do not have the right to change its terms. HOWEVER, you need to review your mortgage and promissory note VERY CAREFULLY. There may be terms in those documents that allow the lender or their assignee to invoke certain conditions in the mortgage or note that are adverse to you. For instance, if you are late 1 or more times in your payment, there could be a clause that triggers a higher interest rate or even accelerate the mortgage/note so you are required to pay it off.... Read More

Go to legal aid in the country you live in. I would stop paying LL rent & put money in escrow acct with letter to landlord that details all the problems. You claim constructive eviction & loss of quiet enjoyment. If that doesn't get the LL off her butt then just move. Why stay in such a hostile environment?? Why didn't you call police when wide got assaulted? That is outrageous. Park at the end of your driveway. Prevents them from blocking you in. None of this should be considered legal advice but it is just common sense, self defense. LL has a duty to protect your quiet enjoyment of premises. If you are being harassed by tenant that is lost & you effectively have been evicted from the property by LL failure to act. A lot more to all this. Get an atty to help.... Read More

Once the move out date on the Judgment occurs and you're still in possession, the landlord may mail a request for an order to evict to the court. There won't be any hearing. The court issues the order automatically. The next thing you'll hear is the sheriff knocking on your door telling you you need to move.... Read More