Legal Question in Landlord & Tenant Law in Michigan

Update Tenant/Landlord went to court tenant told to leave but....

Now he's filed an appeal in circuit court. Here is the background from before--

My husband and I entered into a lease with an option to buy at the end. The property is our shop w/ an apt. upstairs. My brother in law moved in upstairs and wanted to be a 3rd owner when it came time to actually buy. Our ORAL agreement was, you pay a 1/3 of everything, utilites taxes etc. Ok we'll do that. Well of course he hasn't lived up to his end of the deal paying 0 utilites and taxes for the past 10 months. There is nothing in writing, including a lease. I in the process of having him evicted to reclaim the apartment to rent to someone else. We can't keep supporting him. Does he have any claim at being a part owner? I am following all the legal steps to have him removed, gave him 30 days and am filing in the courthouse tomorrow. He's gotten a lawyer but since he's paid nothing except his rent to live there I can't see he has a leg to stand on. His name is not on our lease, nor did we sign anything with him in regards to this.

Judge said time to go, gave him 14 days and he's filed an appeal. I made an offer to settle, he's ignored it. Now I don't know what to expect, just hoping the judges are just as smart in Cicuit I need a lawyer.


Asked on 12/18/07, 10:52 pm

3 Answers from Attorneys
Francois Nabwangu Wright Cantrell PLLC

Re: Update Tenant/Landlord went to court tenant told to leave but....

Generally, any claim to "ownership" in property must be in writing, per the "Statute of Frauds" it seems you should win, but there are some exceptions to the applicability of the SoF. You need to hire a lawyer.

A partner of mine has handled similar cases.

Yours truly

Francois M. Nabwangu, Esq.

http://fnabwangu.googlepages.com

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Answered on 12/19/07, 7:56 pm
Peter Torrice Canu, Torrice & Zalewski, PLLC

Re: Update Tenant/Landlord went to court tenant told to leave but....

The Statute of Frauds applies to the purchase of all real property. That means that it must be in writing to be valid. Call me if you need help 5862851700

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Answered on 12/19/07, 7:53 am
Renee Walsh LawRefs Nonprofit

Re: Update Tenant/Landlord went to court tenant told to leave but....

I recall this question when you initially posted. Your intuition is correct and he does not have a leg to stand on. Put yourself in his position and consider what he might argue. Do not be intimidated just because he has a lawyer now. That relationship will likely break down because he has no money to pay the lawyer and if what you say is true, the lawyer will see the weakness in the case.

I would be glad to represent you and allow you to make payments. Please find out more about me at my website, www.lawrefs.com and contact me via email at [email protected]. Good luck. If you would like free advice on the way, do not hesitate to inquire.

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Answered on 12/20/07, 5:01 pm


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