Legal Question in Real Estate Law in Michigan

rental/land contract breech

I had a land contract with my tenant which was up this PAST December. She failed to purchase the house as agreed. We are now just going month to month (with NO CONTRACT) on her word that she will again try to purchase the home in December of 07'. I was behind in payments, and she was behind one month, I got set up through my mortgage co., on a repayment plan. I was to pay by the 25th of every month or I was put out of the program and all monies owed was due up front. My tenant had TWO bounced checks this month, which caused me to go PAST the 25th in payment. I am not able to pay everything up front, therefore the home is going into foreclosure.

QUESTION: Because there is NO CURRENT contract of any kind, if I keep her $$$ every month until the home goes into foreclosure, can my tenant sue me for anything?


Asked on 3/01/07, 8:31 am

1 Answer from Attorneys
Christopher Sevick Law Office of Christopher Sevick, PLC

Re: rental/land contract breech

IF your tenant is only a renter with no other rights and the oral "land contract" is not valid it would seem her only rights are as a month to month tenant and money paid is rent. If you have agreed to other, or the original land contract allows a reformation of contract that may not be the case.

I would recommend that you contact a local real estate attorney and provide them with contracts and communications so that a full review can occur. The outcome may very well be that you are correct, but this is one where more information is necessary to determine that.

www.SevickLaw.com

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Answered on 3/01/07, 8:41 am


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