Legal Question in Business Law in Michigan
I am a business owner of a beauty salon. I gave a tenant a 30 day notice to leave the premises because of failure to pay rent. She removed all her property before the 30 days and refused to return the key. Can I legally change the locks?
1 Answer from Attorneys
30 Day Notices which are called Notice to Quit, Termination of Tenancy are used either at the end of a Lease when the landlord is not renewing or if a tenant has breached the terms of the Lease and the landlord simply wants the tenant out. A Demand for Possession Non-Payment of rent is a Notice typically used when a tenant does not pay rent. Regardless, if a landlord has a good faith belief that the tenant has abandoned the subject property based upon valid information, such as seeing the subject property is vacant, tenant not responding to inquiries etc then landlord cannot peacefully retake possession. This means that you cannot physically throw out the tenant and/or their possessions. You need to take some steps to make sure that the tenant has truly vacated the premises before retaking possession. You do not want a tenant to sue you claiming that you wrongfully evicted them and in the process stole all of the very expensive jewelry, fur coats, flat screen tv's etc that they had in there, if you understand what I am saying. Aldrich Legal Services, PLLC specializes in Real Estate law, along with Business Law, Bankruptcy matters, Collections, Probate and Family Law. If we can be of service to you please visit our website at aldrichlegalservices.com or call me directly at (734) 404-3000 for a free consultation.
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