Legal Question in Landlord & Tenant Law in Michigan

Eviction with Oral Lease - We moved into one of my aunt's rental units on Oct. 1, 2007, it is now Aug. 10, 2010. Our agreement was that my boyfriend (BF) would do construction work on the Landlord's (LL) gutted main home, and I would do yd. work at our rental property to pay the rent amount of $600. No money was to be exchanged, only hrs. worked. Two months after moving in the LL began drinking (after 22 yrs. sober), so on & off for the next two yrs. she would not get out of bed and/or have motivation to do construction work. I never stopped doing yd. work but my BF could not do the construction work (or could but very little) that was part of our agreement. This put us very behind in hrs. worked. On July 6, 2010 the LL sent me a text message stating that she is now receptive to cash for back rent/hrs. owed. Now the LL is demanding us to pay the cash difference of rent we are behind and we don't have the money. She plans on taking us to court, will we have to pay the money even though that was not the agreement? What outcome should we expect?


Asked on 8/10/10, 4:20 pm

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

You don't say why your BF could not do the construction work he agreed to do, because the LL would not get out of bed. Did the BF depend on LL to direct his activities or what? LL is entitled to the fair value of rent, and if not paid by yd. work and not paid by construction work, then LL is still entitled to payment by cash. If BF wasn't working for LL, then BF was free to go and get other work to earn cash to pay LL. If you don't have the money to pay LL rent, you need to move out and find a place that will let you live for less. The fact that this problem has gone on for three years is not encouraging for either party to completely prevail in their claims.

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Answered on 8/15/10, 5:01 pm


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