Legal Reference Blog by Renee C. Walsh, Attorney

31. July 2009: Tort Liability of Landlord - Michigan Residential Property

Today, there are many exceptions to the common law rule that the landlord had no duty to make the premises safe. Generally speaking, a landlord is liable for latent defects or concealed dangerous conditions, he is liable as to property that is subject to public use, and he is also liable for damages from repairs he voluntarily undertook, those he contracted to repair, and those he is statutorily obligated to repair. He is also liable for failing to use reasonable care as to common areas. ...More

30. July 2009: Serving Due Process to a Defendant You Can't Find

Michigan allows for publication in situations in which the defendant cannot be found to serve with process either by mail or in person. Service of process is codified in the Michigan Court Rules at MCR 2.100. ...More

24. July 2009: Maryland Interception of Communications

Question:

"I have a question relating to the "expectation of privacy" issue. My father was a resident of a nursing home in which the door to his room was always open so anyone could come in at any time. Would it be legal to record conversations made through his speakerphone? The other party knew where my father was and that he was on the speakerphone, but did not know the conversation would be recorded. This is in Maryland, a one-party state.

Thank you!" ...More

24. July 2009: Minor Can Receive Mental Health Treatment Without Parental Consent

The Michigan Mental Health Code provides in section 330.1707 that mental health professionals may treat minor children who are at least age 14 without the consent or knowledge of the minor's parent or guardian. In fact, the health professional cannot without the consent of the minor inform the parent or guardian of the mental health services. The treatment has to be on an outpatient basis and cannot extend for more than twelve sessions or fourth months of services after which time the treatment can continue but only with parental consent. The law follows: ...More

22. July 2009: Assignment of Land Contracts - Releasing the Buyer's Responsibility

Question:

"My husband and I are in a land contract for a house that we've been in for 12 years. We asked the owners if we could "walk away" and they said we would have to find someone to take over the land contract. We did that and now they've changed their minds. Is there any way we could walk away from the house without having any legal recourse? Will they be able to sue us? The deed is not in our name, it is not registered, and the notaries are expired on the deed. We just want to give the house back without legal action against us. What are your suggestions?

Rochele" ...More

21. July 2009: Michigan 17 Year Old Plans to Move to Iowa Without Parental Consent

Question:

"Hi, my girlfriend is 17. She feels like her parents mistreat her (and I agree) and are not allowing her to leave. My parents and I want her to come live with us until our apartment lease starts in August. I live in Iowa. Can differences in Michigan and Iowa law affect our plan? Could I get in trouble due to Iowa law despite the fact that she is leaving her parents in Michigan? ...More

21. July 2009: Florida 17 Year Old Plans to Move to Michigan Without Parental Consent - Interstate Compact for Juveniles

Question:

"Hi, I'm a 17 year old. I live with my mom in Florida who has full custody of me and it hasn't been pretty living there. My girlfriend who is also 17 and is 23 weeks pregnant recently moved to Michigan and my mom is keeping me in Florida until I am 18. I have been doing a lot of research on this. I want to take a flight to Michigan without my mom knowing and live with my girlfriend's family. I will have a job, a place and a school to attend. I am planning on calling my mom when I land in Michigan to tell her where I am and I am going to call her everyday to talk to her and to let her know that everything is ok. Will I or my girlfriend's family get in trouble with the law? Will I be forced back to Florida?" ...More

20. July 2009: Kudos!

"Hello Renee, I wasn't sure where to post Kudos, but I love the new set up of the page. I like how you have the laws for the states all lined on the side of the site. It is very helpful and convenient. I thank you too for all your hard work. I know you are a very busy person, and I thank you for all the questions you have answered for me. You are a very great source.

Thankful User"

20. July 2009: Michigan Foster Care

The Children's Foster Care Services Program in Michigan is administered by the Department of Human Services. It provides placement and supervision of children who are temporary or permanent court or state wards. A child who is a ward of the court or state is a child who cannot remain at home because their family is unable to provide minimal care and supervision or whose parents' parental rights have been terminated. The foster care program has a goal to preserve the child's family where possible and this means providing services that can resolve the problem at home, so the child may be returned. ...More

20. July 2009: Michigan Foster Care and 17 Year Olds

Question: What age does Foster Care deal with? What can Foster Care or Child Protective Services do with a 17 year old? Can Child Protective Services become involved if a 17 year old leaves home and has no criminal record? Does it matter if the 17 year old has been in the Foster Care system in the past, but is now out of the system? ...More

20. July 2009: Moving a Body from One State to Another After Death

If you want to be buried in a state other than the state of your death, you should become educated about your options by finding out what the funeral home can do to assist you in the process. Consider discussing the issue separately with funeral homes at both ends of the journey. Find out if there are ways to keep costs down such as if it is possible for only the receiving funeral home to become involved. Ask whether the body has to be embalmed. Typically, a body will need to be embalmed before it can be transported across state lines. ...More

18. July 2009: Florida Juvenile Law - Aiding Unmarried Minors

Codified at Chapter 985 of the Florida Statutes is entitled Juvenile Justice; Interstate Compact on Juveniles. Florida law 985.731 addresses sheltering unmarried minors and aiding unmarried minor runaways. It provides:
...More

18. July 2009: Interstate Compact for Juveniles

The Interstate Compact for Juveniles has been adopted by 39 states:

Alabama
Alaska
Arizona
Arkansas
Colorado
Connecticut
Delaware
Idaho
Illinois
Florida
Hawaii
Kansas
Kentucky
Louisana
Maine
Maryland
Michigan
Mississippi
Missouri
Montana
Nebraska
Nevada
New Jersey
New Mexico
North Carolina
North Dakota
Oklahoma
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Virgina
Washington
West Virginia
Wisconsin
Wyoming ...More

18. July 2009: Michigan Still Has Old Laws on Books

The people of Michigan represented by the Michigan Legislature still have old laws keeping the citizens moral and righteous on the books. They have been codified since 1931 in the Michigan Penal Code. ...More

11. July 2009: Michigan Curfews for Children

Michigan does have curfews for children under age 16 and age 12. ...More

10. July 2009: Purchasing a Bank-Owned Home

Question:

"The banks are playing a game in an effort to get the most they can for their foreclosed homes. They list the home for a ''lower than they will accept'' price, in order to get a lot of traffic through the house, and multiple offers, sometimes with a second round of bidding. I have unsuccessfully attempted to buy 4 bank-owned homes, always offering the asking price or more. The last offer we placed equaled the asking price, but instead of accepting the offer, the bank rejected, and then lowered the price of the home $8,000, to get more people to come through the house and to get more offers. Is this legal? Can they NOT sell us the house when we are, at the time, the only one making an offer ... and we met their price? This feels like discrimination."

10. July 2009: Discussion of Michigan's Scanner Law and Exceptions

Question:

"I bought produce on sale and was charged the full price. When I asked for the bounty the clerk said it does not pertain to sale items. Is she correct? The produce did not have a price sticker affixed."

A frequent inquiry is what are the exceptions to the scanner law and the short answer is THERE ARE NONE. ...More