Michigan Landlord And Tenant Legal Questions

You owe for non-payment of rent. The question is who do you pay? The new owner and management may have the right to collect as part of the sale. Otherwise, the previous owner and management own the right to collect from you. This is not a dispute which would allow the debt to be removed from your credit report.... Read More

If there is a Lease, then, as long as no other terms of the lease are violated, you may stay until the end of the lease. You may have a problem with this if there is no signed lease. However, if the landlord signed any of the leases with the other 3 roommates, then the Judge would consider this. If there is no lease, then the landlord has to give you 30 days written notice to quit. The landlord must use the required Michigan Court form for this to be legal.... Read More

Generally in a residential tenancy, if a landlord accepts a partial payment of rent from the tenant, the landlord waives collection of the remaining amount. However, this will not prevent a landlord from serving you with a Three-Day Notice to Pay or Quit demanding the remaining amount, or from filing a Complaint for Unlawful Detainer against you! But, you will have the defense of waiver of collection of the full amount of rent by accepting partial payment.... Read More

Jail doesn't change his status. The best approach is to do a Notice to Quit. Then, file your lawsuit and request, in your complaint, an immediate Order of Eviction. Then, follow your local Court's rules regarding moving all of his property to the curb. Please follow the Court's rules exactly. This is the best way to protect yourself.... Read More

You have added some more information from your original posting. Is the rental agreement with your friend month to month or a year lease; when does that term end? Speak to the landlord to see if he will rent to you or not. His agreement to rent the place out is with your former friend so he probably does not owe any duty to you. You do have a claim against your former friend if you have to move before October, but he may be judgment proof. Point out to him that his ending your occupancy early would subject him to suit and would have no benefit to him except to make you problems, which is not worth the problems it causes him.... Read More

You have the same rights as any other tenant. So my question is WHY is he threatening to give you a 30 day notice? You do not give enough information about why ... A verbal lease (or sublease in this instance) can be for any term up to a year (more than a year requires a signed writing). Since he rented the apartment specifically for you to occupy (which is re-enforced by the fact that your son is noted on the lease), a court would most likely hold that your verbal sublease was for the entire term of the underlying lease. With that assumption he would need CAUSE to terminate your sublease. If he terminates your sublease is he going to pay the lease? He will be liable to the landlord for rent until October unless the landlord can re-rent the property.. so terminating your sublease may have adverse consequences for him. This reinforces my assumption that he must have some reason.... Read More

First her actions in locking you out were illegal and could get her in trouble as a landlord (she was your landlord)Second if the police supervised you getting into the house do not worry. Third, make sure you are all moved out and all paid up with everything you owe her.. (I would not pay for the door wall .. it was her illegal action in locking you out that caused the breakage) Fourth.. do not move in with her again.... Read More

I think that it is worth arguing that you are entitled to terminate the lease due to the eminent domain and road construction. It would be interesting to see whether your written lease discusses the issues. You should let the Landlord know immediately if you decide to terminate the lease so the Landlord can mitigate (minimize) any damages from your leaving. You also would have a good argument that your rent should be substantially reduced due to the lost acreage on the rental property.... Read More

First question is the location of the complex. Is it in a high-crime area where gates are required? If so and if there has been problems with thefts etc which the complex knew or should have known about, then there may be liability. Second question is what is your loss? You have been paid by the insurance company. As a general rule, the insurance company have the right to go against the complex if it was determined that there was liability. This is the right of subrogation (they stand in your shoes). Third question is what would you like done to limit access to the complex when there is construction which requires reasonable access? One remedy would be to sue the complex and request an Order from the Judge requiring that the gates remain secure. This would be difficult and expensive.... Read More

This is not a landlord/tenant situation unless she paid you rent. If she paid rent, then you will need to follow Michigan law regarding abandonment which allows for removal under certain conditions. Since there was no agreement or lease, then you have the right to remove her possession. I would suggest that you advise her in writing that you will be disposing of all her personal property if not removed by a specific date. I would suggest that you repeat that she should have removed her personal property in January or February when she left or by the end of April as you advised. Unless this is a hardship for you, I would give 30 days for the removal. Remind her that you are going to charge for storage of her property. Good luck.... Read More

Its legal (i.e. allowed) but it might be a breach of contract. So, the legal question is what does the writing say and is it something you can rely upon to for the basis of a contract for instance does it give a term that the rent will not increase? I would mail a copy of the writing you mention to the landlord with a friendly reminder/cover letter that he/she/it covenanted not to increase the rent for the renewal term at least and see what happens. You can always move.... Read More