Adam James Devlin’s Answers

Adam James Devlin

Dearborn Landlord / Tenant Lawyer.

Contributor Level 3
  1. Can a landlord ask you to comeback if they evicted you as a result of non payment and can't keep a stable tenant

    Answered 10 months ago.

    1. James P. Frederick
    2. John F. Brennan
    3. James Allen McGrail
    4. Adam James Devlin
    5. Alan James Brinkmeier
    6. ···
    6 lawyer answers

    All she is attempting to do is establish a new landlord tenant relationship with your brother - there is no duty or obligation for him to return. If he wants to live there, by all means re-establish but based on your description of the property, why would he?

    6 lawyers agreed with this answer

  2. Is it OK if a landlord moves a tenants possessions or throws them out if rent hasn't been payed in 30 days?

    Answered 10 months ago.

    1. Brook McCray Smith
    2. Reese Serra
    3. Diane Marie Kay
    4. Adam James Devlin
    5. Robert E. Harris Jr.
    5 lawyer answers

    A "self help" eviction is not available to a landlord as a remedy. Certain forms containing specific information must be presented to both the tenant and the court to effectuate and eviction as well as provide a period of time for the tenant to remedy the breach due to non-payment. You may be entitled to damages for both your property as well as constructive eviction if he changed the locks or made it impossible for you to enter the premises. I would definitely consult an attorney about this...

    1 lawyer agreed with this answer

  3. I purchased an occupied home via an auction through the city. The tenant claims they can't pay rent. How do I get them out?

    Answered 10 months ago.

    1. John J. Keenan
    2. Robert E. Harris Jr.
    3. James T. Weiner
    4. Matthew William Hoffmann
    5. Adam James Devlin
    5 lawyer answers

    Squatters have certain rights afforded to them by law. Depending on the nature of their staying there prior to the foreclosure, you may be forced to give them either 30 or 90 days before forcibly evicting them. I would be happy to assist with ensuring you gain full possession of your property in the swiftest manner possible. Do not, under any circumstances, change the locks to force them out on your own as that may provide them with legal recourse against you.

  4. Are landlord tenant disputes handled in courts outside of the city where the rental property is located?

    Answered 10 months ago.

    1. Robert E. Harris Jr.
    2. John J. Keenan
    3. James T. Weiner
    4. Adam James Devlin
    4 lawyer answers

    There may be an issue of venue that may be brought before the court. Does your lease have a choice of venue provision that would allow him to bring the action in a different court? Traditionally, possessory matters must be held in the court where the property is located, but as your matter is for damages and not possession, it could potentially be brought elsewhere.

  5. What can be done?

    Answered 10 months ago.

    1. Robert E. Harris Jr.
    2. Charles M. Penzien
    3. Adam James Devlin
    3 lawyer answers

    Unless you provide details to your landlord of the issues in your apartment (in writing is best), you would be hard pressed to withhold paying your rent. I understand your desire to move or have action by your landlord, but, as has been previously mentioned, you breached first without providing proper notice and that will be held against you.

  6. I have a sublease of a residence. The prime tenant defaulted. A writ was issued in the prime tenants name only.

    Answered 10 months ago.

    1. Charles M Leftwich Jr
    2. Shawn B Alexander
    3. Adam James Devlin
    3 lawyer answers

    Some states have requirements about who can actually be forced from a property based on the summons and complaint. You may have a right to appeal any eviction by either not being named specifically or if there is no catchall (i.e. "and all other occupants") to the summons. Does the primary lease allow subleasing?

    1 lawyer agreed with this answer