Mark H. Davidson’s Answers

Mark H. Davidson

Port Huron Litigation Lawyer.

Contributor Level 9
  1. What can I do to get this stuff moved, I want to get house cleaned up an ready to show a new Tenant, this is lost rent money

    Answered about 2 years ago.

    1. James T. Weiner
    2. Mark H. Davidson
    2 lawyer answers

    If tenant hasn't surrendered possession (ie given you the keys) if his stuff is there he is still there, and you must evict him through court. If a landlord just moves stuff out the tenant can sue him for double damages (double the value he claims stuff worth if lost) in Michigan. With a judgment for possession after 10 days a court officer can literally put all that stuff out on the curb with no liability to you. If you personally serve the tenant, you can also get a money judgment for all...

    1 lawyer agreed with this answer

  2. I put an offer on a home with a deposit 3 weeks ago. The listing agent wanted information which in every aspect was given.

    Answered about 2 years ago.

    1. Mark H. Davidson
    2. James P. Frederick
    2 lawyer answers

    I'm getting that you made an offer below listing price 3 weeks ago and you were dealing directly with Seller's agent. In real estate there are no enforceable contracts until written and signed by the parties. Did the listing agent say it writing, ie email or letter? If so was the offered price shown? Assuming not, I don't think you'd have case against agent because he didn't work for you. (disclaimer- issues involving real estate usually documents which should be reviewed in person...

    1 lawyer agreed with this answer

  3. What do you do when your landlord has belongings stored in the basement of my rental home and didn't remove them by date agreed?

    Answered almost 2 years ago.

    1. Mark H. Davidson
    1 lawyer answer

    Hard to answer with information provided. You should take lease to real estate attorney to review, but sounds like you might have right to withhold rent until she complies. Whatever you do, do in writing. Send letter clearly stating what and why.

    1 person marked this answer as helpful

  4. What is the legal procedure when you own a home, but someone else living in it changed the locks?

    Answered about 2 years ago.

    1. Michael J. Olson
    2. Mark H. Davidson
    3. Brandy Ann Peeples
    3 lawyer answers

    I agree with Mr. Olsen's advice but would add some practical advice regarding insurance. If the property which is in your name doesn't have PI/PD and liability insurance coverage, get it immediately. The eviction of the other family member could get hostile and damage could be done. If somebody slips on the sidewalk etc etc you will be a Defendant as owner of the property.

    1 person marked this answer as helpful

  5. I have been directed to appear at a pre-trial conference. What exactly goes on there and do I have to bring my witnesses?

    Answered over 3 years ago.

    1. Jan Jeffrey Rubinstein
    2. Mark H. Davidson
    2 lawyer answers

    In addition to what my friend Jan mentioned, find out if that court or that judge requires that a Pre-trial Statement be submitted before or at the Pre-trial Conference. Some courts have fill-in-the-blank forms; those are usually sent with the notice, but a call to the court clerk might avoid an omission. I dont feel you would necessarily be at a disadvantage not having an attorney for a minitort trial where your car, presumably parked, was nailed by somebody- pretty cut and dry- good luck

    1 person marked this answer as helpful

  6. Roommate got evicted and apartment put all damages after i moved on my credit report. management knew i was not in apartment

    Answered over 1 year ago.

    1. John J. Keenan
    2. Mark H. Davidson
    2 lawyer answers

    I agree with Mr Keenan more information necessary, but I would note that if a judgment for back rent and/or damages was entered, that may show up on your credit report rather than being reported by the apartment. You have several rights under federal law to challenge entries against your credit for which you may need help from an attorney. You appear to have access to the internet; search Fair Credit Reporting Act for information. For general landlord-tenant information click on Pamphlet below.

  7. After filing an order for eviction, How long does it take to retain possession of the property?

    Answered over 1 year ago.

    1. John J. Keenan
    2. Mark H. Davidson
    2 lawyer answers

    In Michigan by statute the tenant has 10 calendar days from the date of judgment for possession to redeem by paying the amount shown at the top, if eviction for non-pmt of rent, otherwise 10 days to vacate on his own, after which Plaintiff Landlord can have court officer move tenant out by force if necessary. Click Brochure below for information.

  8. Can a bldg w/ leased apt. ( 9 mos. remaining on lease) be offered on lease/purchase option and new tenant occupy the apt?

    Answered over 1 year ago.

    1. Brian Harold Jean
    2. Mark H. Davidson
    2 lawyer answers

    I agree with Mr. Jean, but as with any case involving written leases you really have to have a real estate attorney look at the Terms and Conditions. If you are the owner (as Mr Jean noted hard to tell) the Real Estate Lease/Purchase Agreement also. Another option is to negotiate an early buy-out.

  9. Should I try, and who should I sue? My Apartment Complex or the Management company who refuses to acknowledge my dispute?

    Answered over 1 year ago.

    1. Mark H. Davidson
    1 lawyer answer

    Click Brochure below and read pp 7-10. Write back if necessary.

  10. I've lived at my current address 9+ years but the title is NOT in my name but all the checks written for rent are in MY name

    Answered over 1 year ago.

    1. Mark H. Davidson
    1 lawyer answer

    Your question is confusing. Did you mean the Lease is not in your name as tenant? Simple answer is all leases are month to month unless longer term in written lease and a landlord can always evict any tenant with a 30-day notice of termination, without giving any specific reason. Click on Brochure below for more information.