Legal Question in Landlord & Tenant Law in Michigan

court

I was late on my dec 2008 rent was issued a court date for jan 9 2009. I paid all of dec rent and all of the fees that go long with it, and now I am 7 days late on my jan rent does the landlord have to refile or they they take me to court with the paper work that they issued in december.


Asked on 1/08/09, 11:39 am

2 Answers from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: court

It depends. Did they dismiss the case? Or was there a court order entered that they agree to allow you to stay, but that you had to keep current on rent?

In any event, I think the best thing to do is to contact them about the fact you are late and try and work out a way to catch up on rent. I'm sure they would prefer to get paid than to have to go back to court.

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Answered on 1/11/09, 6:32 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: court

it depends what kind of complaint they filed, but most likely they will have to refile, since at the time they were stating you had not paid Dec rent, which has since been paid and resolved, and now it's Jan rent that's an issue.

I would suggest keeping in contact with your landlord, and confirming everything in writing, such as sending a letter indicating that you do plan to pay the rent, and expect to be able to pay on X date. Perhaps they will hold off on filing a new lawsuit, which would increase the fees that you owe them. Can't hurt to try.

Good luck.

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Answered on 1/08/09, 12:45 pm


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