Legal Question in Civil Litigation in Michigan

My daughter is off at first year of college and living in an apartment. My wife cosigned lease and my daughter and her friend also signed the lease as those actually living in the apartment. They have since taken in a 3rd roommate. We just found out that the friend has not paid any rent in the first 4 or so months they have lived there and my daughter has covered it with graduation money. We want to sue the 'friend' for all unpaid rent for my daughter. I live in Iowa and daughter is living and going to college in Michigan. Do we file suit in Michigan and can it be small claims? What can we do to ensure future rent is paid? We would honestly like to remove this individual from the apartment, but are concerned about finances and possibility of other roommate bolting. Is it possible to have the friend removed but still remain liable for rent? Any advice is greatly appreciated. Thank you, Chad Chaplin


Asked on 1/01/14, 10:10 am

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

If the friend is on the lease, they are obligated and if your daughter pays, she can sue the friend. Only the landlord can let out people on the lease and they probably won't. Small claims is up to $5000 in Michigan.

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Answered on 1/01/14, 10:41 am
William Morrison Action Defense Center

Your daughter is learning a valuable lesson in business and, since the "friend" is not on the lease why is she paying for her? She can simply give the friend a 30 day notice and then evict her. Suing penniless students is a fruitless exercise and can cause a lot of grief to all involved, including your relationship with your daughter.

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Answered on 1/01/14, 10:06 pm


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