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Q&A: Housing: Landlord and Tenant Rights

Updated: Sep 16




Kimm:

Welcome to conversations with Kimm.


Kimm:

Okay, today we're going to talk about Landlord Tenant issues. So what the Tenants can do and what the Landlords can do or can't do.


Questioner:

What's currently happening with the Landlord Tenant situation?


Kimm:

So currently, there's still a reprieve on filing for evictions through the court system. However, that should end as of the end of this month or July. So therefore, if Tenants have not been paying, the Landlord's can start filing for the evictions. That's they still have to do the proper channels, they have to give the notices to quit. So you have to wait your time period. And then you can go into court and ask the court to start the eviction process. So but again, the Tenants do have the right to pay the rent that's due, if they pay that, then everything kind of comes to a halt at that point in time.


Questioner:

What are your rights as a Landlord?


Kimm:

Well, your rights as a Landlord is to have a Tenant that's going to pay that you can have the house or apartment or structure in a manner in which you left it, the Tenants can damage it, you can put put prohibitions on whether they can cut down trees, they can paint walls, they can do anything within the house, normally, those are things that are not allowed. Landlord also then tells them they have to pay for utilities, they have to mow the grass, they have to do the snow removal. So that way, everybody knows what should be happening and what not to guess about what should be happening.


Questioner:

And what are your rights as a Tenant?


Kimm:

The rights of a Tenant is obviously to have a home that's livable, and the Landlord can't just come in and shut your power off or set your water off or do something to your home. Just because you're living in it and not paying rent. That's completely against the law. There are steps that the Landlord can take to remedy unit pain, which again, is the eviction process, but you have to have a house that you can live in.


Questioner:

What should the Tenants do if they feel like their rights are being violated?


Kimm:

The first thing is to contact the Landlord and explain or express your concerns about the living conditions or things that are going wrong in the house. Most of the time. That doesn't help anything but at least you're taking the first step because sometimes the Landlord might not know there's an issue and you have to let them know. If not, then I would seek counsel from an attorney to advise you on what you can and can't do and what remedies you may have against the Landlord.


Questioner:

Is a Landlord going to be able to recoup any of the money that they lost? If they're playing an eviction?


Kimm:

Yes, the Landlord has the option to file at the same time that they're filing the eviction for a money judgment, which basically is asking the court to give them the money that they would have gotten had the rent been paid. So if rent is $500 a month, they haven't paid for four months, you're going to ask the court to give you the $2,000 or at least an order for them to pay the $2,000. So you have that remedy. The only issue is then how are you going to collect because normally if they're not paying, they don't have the money. Usually they lose their job so it's really hard to maybe collect on the judgment you may get.


Questioner:

What should people do if they have more questions about this issue?


Kimm:

You can always contact an attorney but you can call my office directly at 797-6021 or you can always email at kimm@kburgerlaw.com.



Kimm Burger, Attorney

I want to hear your side of the story.


KB Law Office P.C.

43 North Street

Hillsdale, MI 49242

Tel: 517-797-6021

office@kburgerlaw.com

www.kburgerlaw.com


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