Legal Question in Real Estate Law in Michigan

I have a tenant that had a 2yr land contract. It has expired and they have moved out without telling me. They owe me 3 months rent and property taxes for 2 yrs. I know where they live and would like to deliver the junk they left at the property. Do I have a legal right to take the junk to them and put it in their yard? I fear being arrested for vandilism or something. I was told I have to give them eviction papers first, but they have moved out and told me when I could have the keys. Isnt this confirmation that they no longer live there and I can return their property?


Asked on 11/22/10, 11:22 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

When they give you the keys, this is confirmation that they have moved. If they are in title (by virtue of being a land contract buyer) then they still own the property. If they had a 2 year land contract then they are not paying you "rent", they are supposed to be paying land contract installment payments, on which apparently they have defaulted. You need a real estate attorney to file for either foreclosure or forfeiture, depending on the balance owed, the equity, how long they paid payments etc. Do not "deliver" their stuff, or take possession of the property until you see a lawyer. Pay taxes to prevent the property from being sold for back taxes, but first, see a lawyer, to make sure that you are not "buying back" a headache. You can contact me at (248)- 736 -0819 for more details.

Read more
Answered on 11/27/10, 12:46 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Michigan