Gowda Legal handles residential and commercial tenancy and eviction proceedings.
Landlord-tenant laws can affect both the owner and the renter. Typically, landlord-tenant disputes concern non-payment of rent or a failure to keep the property habitable. Other disputes include damage to property or recovering security deposits. It is vital that when vacating or leasing a property the landlord and tenant comply with the Michigan Landlord Tenant Act. Failing to comply with the Act can result in a loss of your rights to the property, security deposit, or rent obligations.
Having problems with your landlord or tenant or with a lease agreement? Contact us today!
Can the tenant stay after the expiration of the lease?
A tenant who stays after the expiration of the lease is called a tenant at sufferance or holdover tenant. The landlord can sue for eviction or can choose to continue accepting rent, thus renewing the lease. The renewal will be on a month-to-month basis or for another year, depending on the terms of the lease and the provisions of the law. Moreover, a provision of the lease or a statute may give the landlord the right to charge double the current rent during the holding over period.
Since the landlord has the choice of eviction or renewal, the tenant who needs to stay past the expiration of the lease should try to negotiate an agreement with the landlord and get it in writing.
Which court should I go to if I cannot settle my landlord tenant dispute outside of court?
When both open communication and mediation fail, the last resort for many landlord tenant disputes is in court. Generally the proper Court to bring a dispute is the local District Court in which the property is located. Other proper courts may include the city/county in which the Defendant resides.
Due to the simple and quick nature of small claims courts, the right to recover damages is capped at $5,000. Michigan does not allow parties to bring lawyers to small claims court.