Sometimes, a tenant will simply leave a rental unit without any notice to the landlord whatsoever, even in the middle of an eviction proceeding. Is the landlord simply able to walk in and reclaim the rental unit? Can the landlord then toss out the tenant’s...
Landlord-Tenant Law
Are There Legal Restrictions To Homeowners Or Tenants Opening Their Home To Short-Term Rentals In Michigan?
by stevejedinak | Jan 10, 2022 | Landlord-Tenant Law, Property Law
Short terms rentals have become a new and easy method for some homeowners to generate extra income by renting out their home while they are away for a few days or even a few weeks. In the last 10 years, websites such as AirBNB, Booking.com, FlipKey, HomeAway,...
If The Landlord Accepts Rent, Then Is The Demand For Possession Or Notice To Quit Waived In Michigan?
by stevejedinak | Nov 22, 2021 | Landlord-Tenant Law
A landlord may serve a demand for possession upon a tenant during the course of a lease for failure to pay rent and initiate eviction proceedings if not caught up on rent in 7 days. MCL 600.5714(1)(a). Likewise, a landlord can serve a 30-day demand for...
U.S. Supreme Court Terminates The CDC Moratorium On Evictions: Now What?
by stevejedinak | Aug 30, 2021 | Landlord-Tenant Law
On August 26, 2021, the U.S. Supreme Court ruled in Alabama Association of Realtors et. al. v. Department of Health and Human Services, 594 U.S. ___ (2021) that the nationwide moratorium on evictions imposed by the Center for Disease Control (CDC) was...
Michigan’s COVID-19 Eviction Moratorium Ends July 16, 2020: What Happens Now?
by stevejedinak | Jul 31, 2020 | COVID-19, Landlord-Tenant Law
In response to the devastating social and financial effects of the COVID-19 pandemic, Governor Gretchen Whitmer issued Executive Order 2020-19 on March 23, 2020 ordering that all eviction actions in the State of Michigan are frozen until April 17, 2020. This...
What Happens When A Tenant Stays After The Lease Expires?
by stevejedinak | May 15, 2020 | Landlord-Tenant Law
A tenant usually signs a lease with a landlord to occupy a rented space for a certain period of time, usually one year. However, both the landlord and the tenant face a dilemma if the tenant is still occupying the premises after the lease expires. Does the...
Michigan Executive Order Freezes Eviction Actions During COVID-19 Emergency
by stevejedinak | Apr 22, 2020 | COVID-19, Landlord-Tenant Law
On March 10, 2020, the State of Michigan identified the first two presumptive-positive cases of the novel coronavirus (COVID-19) in its borders. That same day, Governor Gretchen Whitmer issued an executive order declaring a state of emergency based on her...
When Is A Tenant Permitted To Break A Residential Lease In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Jan 30, 2020 | Landlord-Tenant Law
When tenants sign on for a lease to an apartment or house for a specific period of time (e.g. one year), they generally expect to stay for the entire duration. However, life happens and sometimes the tenant wants to leave early. Maybe the tenant got married and wants...
Can You Be Evicted By Your Landlord For Possessing Or Using Controlled Substances?
by Kershaw, Vititoe & Jedinak, PLC | Jan 16, 2020 | Controlled Substance Offenses, Landlord-Tenant Law
Michigan law permits a landlord to make an application for summary proceedings and evict a tenant for a variety of legal reasons. If the tenant is holding over after a leasehold expired or has violated a lease provision, then the landlord can apply for eviction...
Can I Prevent The Landlord’s Retalitory Eviction Against Me In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Jan 2, 2020 | Landlord-Tenant Law
If your landlord is attempting to terminate your lease, there may be several defenses you can raise in district court to stop the eviction action. One consideration is whether or not the landlord filed for eviction out of retaliation for the tenant making a lawful...
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