Legal Question in Civil Litigation in Michigan

Re: Renter

With the caveat that I don't handle landlord tenant law, if you are month to month and never had a written lease, it would strike me that the landlord can change any of the rental terms for future months with notice to you in advance, but not retroactively to November.

Re: Renter

The landlord wins.

Re: Renter

Seems a bit difficult.

1. A written lease is not required, but a court would enquire as to the terms of the verbal understanding - how much property reasonably was related to the lease of the trailer. Now, if the trailer sits on 20 acres and the ONLY property truly related to the rental is the land underneath the trailer and the access drive, then one would have difficulty convincing a judge that he was entitled to use the property in the back.

On the other hand, if the occupant/lessee of the trailer was maintaining the extra land and it appears to be clear that the landlord's intention was to lease ALL of the land along with the trailer - and one could provide testimony that past use of the back land was permitted - then the judge could find that the use you make is permissible.

Of course, the landlord could give you notice to terminate the lease . . .

2. Making the proposed terms retroactive is probably not possible. But he could argue, assuming he lost on the points above, that the extra rent is due from the date that he gave you notice.

3. Assuming he wins on the above, the landlord could have an action for either trespass, or just the rent - and if not paid could bring eviction under the summary proceedings provision in the landlord/tenant law. An eviction under these proceedings would be able to be effected 30 days after the court hearing, which would take place in the county District Court.

4. The law on this is easy to find. Go to www . michiganlegislature.org , under MICHIGAN COMPILED LAWS INFORMATION, click on CHAPTER INDEX, find Chapter 554 and look for the following sections:

554.601 - 554.616

554.631 - 554.641

The summary proceedings provisions can be found in Chapter 600 at 600.5714.

No easy answer here. It is all just argument to the judge - based upon the facts presented, I would think the landlord would win. But, hard to say. Think hard about your defenses - prior use, extent of the lease.

Good luck,

Tom Weiss

Mt. Pleasant