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Mark H. Davidson

Mark Davidson’s Answers

69 total


  • What is Amend to Leave? Should I settle or allow landlord to file motion for dismissal?

    I am suing my previous landlord for retaining my deposit and not returning notice or money within 30 days and not responding to my dispute to their notice of damages. I filed in Small claims and cited reasons for claims are: "landlord did not ret...

    Mark’s Answer

    You may find the Michigan Landlord Tenant brochure published by Mich legislature helpful. I agree with previous response. of course it's unfair because now you have to decide whether to hire a lawyer too. Unlike the Consumer Protection Act, the landlord-tenant security deposit statute doesn't include attorney fees if you win.

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  • By accepting and offer through this real estate rep. am I obligated to pay fee's to this person (real estate office)?

    I am selling my mother in laws house on my own. The person that is interested and wants to make an offer on the house is going through a real estate office to make the offer.

    Mark’s Answer

    real estate agent commissions are usually found in a listing agreement, but Real Estate Purchase Agreement (offer) could have it built in at the bottom, that you would be liable for by accepting the offer "as written." I suggest contacting a real estate attorney in your area on how to respond. I agree with the 2 previous answers but a consultation fee could save you a lot of money!

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  • What can I do to get my landlord to fix broken mailboxes and stop mail theft? What are my options?

    My apartment complex has unsecured mailboxes. I was not provided a key for it, nor does it lock. The ones that do have locks are broken and the locks don't work. The slot cover just lifts up and anyone can grab your mail. I've had mail and package...

    Mark’s Answer

    Tough question- I am not familiar with any specific laws on that topic. See attached Michigan Landlord Tenant brochure published by Mich legislature regarding withholding rent for repairs. If the mailbox is locked how does the mailperson put mail in ? If I were you I'd rent a PO or private mailbox in your neighborhood.

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  • Will I be evicted on the 29th of Dec?

    Lease was up on Dec 1st. I owe 3 months rent. My LL wrote up a letter for me to sign. It states that I have until the 28th of Dec to pay the past due or vacate on the 29th. Also legal action will be taken if either doesnt happen. Is this consi...

    Mark’s Answer

    please read the Michigan Landlord Tenant brochure - use link below. it fully explains the eviction procedure

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  • How can I go about getting rid of his things without legal repercussions? How do I cancel the lease with him still on it?

    My Ex boyfriend hasn't responded to me in over a month and I haven't seen him in 2 months. I have recently decided to break things off with him officially. I have lost my job and am moving back in with my parents. I have no idea how to contact see...

    Mark’s Answer

    If your lease is month-to-month you must give landlord 30 days notice to end your liability for future rent. Unless the landlord just agrees to release you. If you have a security deposit be sure to give the landlord written notice of your new address. see attached brochure from State of Michigan which should answer all your questions!

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  • In what area of practice is the type lawyer I need to represent me?

    I did some restoration work on a home in Detroit, the owner will not pay me, saying first I must provide a detailed plan and time line for new work beginning next spring. She says after I do that she's willing to discuss time payments for the wor...

    Mark’s Answer

    I agree with the previous answers but there are many variables involved in constructions disputes and a lot more information needs to be provided to better answer you. Some kinds of work require a builders license, others don't. If you have a business name it has to be registered in Wayne county. To get a lien you have to be licensed and have a written contract describing the work and the price and that contract requires some special language spelled out in the Michigan Construction Lien Act. You should try to find a lawyer who specializes in construction law.

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  • Can I sue a contractor who didnt do what I wanted and left work undone?

    We had our house redone a few years ago and our contractor did what he wanted, cut corners and left minor things undone. We told tge bank not to pay him his last pay until it was all finished but they did anyway. We have been trying to get things ...

    Mark’s Answer

    If the work was work that required a builder license you could have filed a complaint with the state but that has to be done within 18 months of last day he worked. Otherwise I agree with all the other Answers. You should not let him get away with it!
    You can hire someone else to finish it and then take contractor to Small Claims Court, up to $5500.

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  • Trustees had elderly mother sign a cd in their name, cashed before her death, kept money. Kept it a secret from beneficiaries.

    Are there any chances of making them put the money back?

    Mark’s Answer

    I agree with previous comments but more information needed; were trustees other family members? Have they been confronted and have they tried to explain or justify the transfer? How much money are you talking about? Most importantly was she competent at the time of transfer? I'm not sure what you mean by sign a cd... Is there a pending probate or was there a non-probate trust?

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  • I signed a 6 mo lease in Aug 2011 , I'm still living there 1 . 5 years later and have not signed any other lease since then .

    They're trying to charge me $900 for my dog, $300 non-refundable and $600 refundable. When I signed my lease in 2011 the pet deposit was $300 refundable. Should I pay the original amount in my lease ($300) or the current one ($900) they're attem...

    Mark’s Answer

    It's hard to answer any contract question without seeing it, but once the term of a lease runs out, generally the tenant becomes month to month and the tenant is free to leave (with 30day notice) and landlord is free to change any terms, including rent or security deposit upon reasonable notice by landlord.

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  • In Michigan, does wife have dower interest in property held by husband and mother, as joint tenants with rights of survivorship?

    My brother bought property when he was single and had the deed put in his name and Mother's name as joint tenants with full rights of survivorship. Mother now wants her name off of the property and my brother wants my name in her place just as be...

    Mark’s Answer

    No.
    Michigan Land Title Standard 4.4 "dower – joint tenancy"
    standard : a wife has no inchoate dower in real property that her husband and one or more other persons own as joint tenants .

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