Legal Reference Blog by Renee C. Walsh, Esq.

18. March 2008: Death Clause in Lease for Rental Property - Michigan

Question: My mother recently passed away unexpectedly at age 86. She was a 28 year renter of an apartment. After she died, I was notified by her landlord that he had gotten her to sign a lease addendum (when she was in her early 80's) that was specifically a "death clause." The clause states that, upon her death, her estate is forced to pay an early lease termination fee of 3 months rent. This is in addition to maintaining the rent monthly up until the time the apartment is vacated of all her belongings. I have scoured the internet and have found nothing like this anywhere in any lease. To me this is excessive and, indeed, unconscionable. Is this legal? ...More

08. February 2008: How To Get Your Security Deposit Back From Your Landlord

Question:

"I live in Michigan. My landlord has my security deposit of $3,800.00. That is quite a bit of money. I gave my forwarding address to the realtor who set up the rental unit for us. She represented the landlord. My forwarding address was sent to the landlord and via the representative. She responded to my email, thanking me for the address (on the 5th day). She also indicated there was damage to several items and she was going to get estimates. This occurred 25 days ago. We have been out of the unit for 31 days with no word from my landlord. What are my rights here?" ...More

14. January 2008: How to Evict a Tenant for Non-Payment of Rent

Generally speaking, the law is on your side when a tenant does not pay. MCL 600.5714 provides for summary proceedings to recover possession of premises. ...More

21. September 2007: Lease Law - Michigan

It is important for both the landlord and the tenant to be aware of the numerous laws that govern all aspects of the landlord-tenant relationship. The most important of these laws are:

The Truth in Renting Act, MCL 554.631 to 641;
The Landlord Tenant Act, MCL 554.601 to 616; ...More

25. June 2007: Eviction for Controlled Substance Violation

Attorneys do well to advise their criminal defendant clients that their controlled substance violation could get them evicted. If the client is renting property under a lease containing a provision that they can be evicted for a controlled substance violation on the property, and the landlord files a police report regarding the violation, the landlord can then evict the tenant with only 24 hours notice. According to MCL 600.5714(1)(b), ...More

25. May 2007: Tenant's Breach of Lease

A tenant breached a lease by quitting the premises with more than six months left on her lease. She received an itemized list of damages to be deducted from the security deposit. In Michigan, if the tenant sends the landlord her forwarding address within 4 days of moving out, the landlord has 30 days to return the deposit or send an itemized list of damages against the deposit and the tenant has seven days to object. In this case, we got the tenant out of the lease without having to pay anything for that lost rent!

It was easy but not due to my manipulation. On the merits, we were arguing ...More