Michigan Landlord And Tenant Legal Questions

Check out the Michigan Landlord Tenant Handbook (Google it and read it its available at Michigan.gov) I am a little confused as to who is your landlord.. your friend or his dad.. if its your friend you are a subtenant and your landlord is your friend. Regardless, someone has to give you 30 days notice to terminate your lease UNLESS there are drugs in the house (then its 2 days) or you have not paid rent (then its 7 days) Thereafter if you do not move the landlord has to take you to court to evict you. If you are not given the required notices or someone uses self help to evict you (changes the locks, anything that essentially moves you out without a court order) your landlord will be liable to you for damages.... Read More

A judgment is due and payable, when it goes good, in its entirety. It is doubtful at this point that you have a defense against the interception of your tax refund UNLESS you have an ORDER of the court for set installment payments (not just a minimum payment). The judgment creditor can use any and all legal means to enforce the judgment until it is paid in full.... Read More

Short answer.. Leases can be verbal.. if they have a term of less than 1 year. SO yes you can be sued based upon breaking a 1 month verbal lease agreement.. the question is what are the damages? You might be liable for the cost of a replacement home for 1 month less the amount of rent you were going to charge.. No.. I hope you gave lots of notice to the potential tenant so he/she could find a different rental..... Read More

Generally the landlord is always liable... However you could also be liable.. If you volunteer to shovel the drive and are not contractually bound to shovel the drive you should not be liable it remains the landlords liability If you are contractually bound to shove the drive (e.g. its in your lease or she pays you to do it) then you could be held liable for negligence.... Read More

There are two possible procedures: forfeiture or foreclosure Forfeiture consists of: First send her a notice of forfeiture for nonpayment Then file a forfeiture action in the district court where the house is located Once you get a judgment (takes about a month) she will have the right to live there for 3 months (if she has paid less than 50% of the purchase price) or 6 months (if she has paid more than 50% of the purchase price) during with time she has the option to cure her defaults (e.g. pay all monthly payments due and to insure) to redeem.. Once the redemption period expires you need to file a motion for an order of eviction to remove her from the house. Then you can evict her and get the property back Foreclosure is a bit more extensive procedure but it follows similar timeline.. the issue there is that she would have to pay all that is owed on the land contract (e.g. full purchase price) to redeement.... Read More

First you can sue her for false arrest as a co-owner you were not trespassing... Second If you go to the property again take a copy of the deed showing you are a co-owner.. as tenants in common then if she calls the police to try to get you to leave you do not have to leave. Third, she can lease it to third parties use the proceeds to pay the mortgage and the expenses. Fourth she cannot sell without your signature unless she sues you and gets a court order splitting the property. My questions: is there any equity in the house? If so and she wants to sell ask her for a return of your investment plus a profit. do everything in writing and contact an attorney.... Read More

Well its potentially illegal (as in maybe not criminal so call cops if they do it again) it could be a trespass and/or breaking and entering ... its clearly a breach of their responsibilities as landlords. Tape and video their intrusions and use them as a counterclaim for breach of your right of peaceful enjoyment of the rental unit in the evictions.... Read More

Who is the legal owner of the house? Just the Husband, Just the Wife or both? If it is both you must treat them as the "entireties" e.g. one unit. Further you have a lawsuit against the legal owner because of the actions of the wife in breaking into your private space, and not providing you with "the covenant of quiet enjoyment". etc. Therefore, while you have a lawsuit against your landlords, I recommend that you find a new place to move to.... Read More

In Michigan there are two basic types of deeds: Warranty Deed and Quit Claim Deed. With a Warranty Deed, the seller or person transferring the property warrants or guarantees good title. A Quit Claim Deed conveys whatever interest in the property the seller or person transferring the property has (it could be nothing). There is no guarantee. When there is a conveyance between family members without consideration, Quit Claim Deeds are generally used. Title insurance does not transfer. You should obtain a new title search to confirm your ownership and to make sure that your mother had good title when she transferred to you and your husband. Do it now because if there are defects it is easier to resolve the same during your mother's lifetime.... Read More

Your mother, like all tenants, are entitled to have a place that has been and is kept fit for the intended use as residential property. Further, the property must be kept in reasonable repair. This language is found at paragraph 7 of the Complaint which is filed to have a tenant evicted. If this situation has been on-going and isn't being resolved, then it is the manager on behalf of the owner who has broken the lease not your mother. She should document everything, take pictures, and give written notice that she is going to move because of the carpet beetles which were not caused by her. She needs to give a forwarding address, in writing, within 4 days after her move. Then, when she receives her damage notification (required under security deposit act) she should dispute the same in writing. Good luck.... Read More

You obviously pissed off this woman if she will not agree to act even at your expense something is pretty off. The Condo Association BYLAWs should state that she cannot do anything to disturb the peace of the other condo owners or some such thing.that would give you a right to sue both the HOA and her for not acting to reduce the vibration I would get a recording/video of the vibration and try to get the vibration on tape... then NICELY ask her again showing her the tape. if she will not act.. contact the HOA with the same.. If she will still not act.. sue both.... Read More

This depends upon the lease and the local authorities.. Is the tenant merely late or is the tenant behind in their rent? If merely late.. check the lease and bill them for all of the associated late payment fees.. (assuming the lease allows it)..if the tenant is behind.. send a 7 day notice pursuant to the landlord tenant act.... Read More

Look at your contract with "A". It should cover the timeliness issue and should control situation. If not, I would suggest sending A certified letter demanding immediate removal and advising that after date "X" the dumpster will be considered abandoned and disposed of. May not meet the letter of the law but at least it gives you some cover.... Read More

If both of you signed the lease agreement, that is a binding contract. Both of you are liable for any damages that the landlord incurs. However your landlord is also require to mitigate their damages and re-rent the apartment/home as soon as possible. Any loss of rent between the time you move out and the new renter moves in could be your responsibility. That is shared equally between you and your boyfriend. If the landlord sues only you, you can bring your boyfriend into the lawsuit.... Read More