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Jeffrey C. Hicks

Jeffrey Hicks’s Answers

36 total

  • I have a 6 month lease ending Jan 31st. Landlord is telling me I need to give them a 45 day notice, is this true?

    In my eyes, a fixed term lease is a fixed term lease. They've sent me papers asking if I wanted to renew.. If they're asking me if I want to renew, then they must assume I'm leaving.

    Jeffrey’s Answer

    Please refer to the portion of your lease dealing with notice requirements. It should detail any applicable timelines for renewal, termination and the like.

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  • How long does my landlord have to give me my deposit back

    I moved out my landlords house in november and i informed him december 5th that i moved Out because I had until december1st to be out ,I gave him an address for any correspondence from him ,I wrote him and he stated there was some items left outsi...

    Jeffrey’s Answer

    Michigan law provides that a tenant must notify their landlord in writing within four days after termination of his/her occupancy of an address at which communications to the tenant may be received. The tenant's failure to comply with this requirement relieves the landlord of the requirement of notice of damages. However, that failure does not preclude a tenant making a subsequent claim for the security deposit. My guess is that the landlord has taken the position that you failed to provide him or her with written notice within four days.

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  • I informed my landlord verbally my fridge was not working two months ago, it has not been fixed yet. What do I need to do?

    I live in a house converted into apts. my apt has many dysfunctions, holes in walls, insufficient heating and air cond. electrical complications and two months ago my fridge stopped working. Six months ago the landlord and I agreed that I would mo...

    Jeffrey’s Answer

    The first question is, do you want to continue living there given that the property as you describe it is in such bad shape. Your landlord has a legal duty to keep the property habitable. From what you describe in your question, he has breached that duty. Your lease should detail the process by which you can give your landlord notice of repairs (i.e. in writing, to what address, in person, etc.). You should ensure that all of your communication going forward is in writing. If it is your desire to continue living in the apartment there are circumstances under which you can withhold rent and/or make the repairs yourself and offset the costs of same against your rent. However, prior to proceeding in that fashion you should first seek the advice of an attorney.

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  • Michigan quit claim deed after divorce.

    My judgement of divorce states that my ex is to prepare (his attorney) a quit claim deed to remove his name from our property. How difficult is the preparation of this document? Our JOD was entered almost 2 months ago, but he claims his attorney...

    Jeffrey’s Answer

    • Selected as best answer

    I agree with my colleagues that it is a very quick process to draft a quit claim deed. However, you did have a couple of other questions that appear to remain unanswered. First, in terms of avoiding transfer tax, the type of transfer you are referring to is exempt from county and state transfer tax pursuant to MCL 207.505(i) and 207.526(h)(iii) respectively. Your husband's attorney should reference both statutes in the the deed. Second, regarding the length of the process, the transfer from your husband to you is effective upon the delivery of the deed to you. However, you will still want to ensure that the deed is recorded at the register of deed's office in the county where the home is located. This will provide notice to the public that the transfer has occurred.

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  • How can I make my brother a co-owner of my investment property?

    My brother gave me money to purchase a Michigan home for investment. How can I make him a co-owner? thanks

    Jeffrey’s Answer

    A quit claim deed conveying the property from you to the two of you can be used. However, you will want to have a discussion with a real estate attorney regarding how the two of you intend to hold the property (i.e. tenants in common, or Join tenants). That answer will be determined by what your goals and objectives are. There are significant differences between holding it as tenants in common and joint tenants.

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  • With the given information, how can I force both partners out or how can I charge one partner with embezzlement charges?

    The purchase price of the business was aprox $45,000. $25,000 was put in a promissory note with three signers (myself and two other partners) $20,000 was put down by me (Partner A), $3,100 put down by another partner (Partner B) and the last pa...

    Jeffrey’s Answer

    There is little more that can be said than what the others have already mentioned. At a minimum, you need to consult with a counsel sooner rather than later. Our firm is located in Lansing. We could be happy to discuss this matter with you. Feel free to contact me if we can assist you.

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  • Do I have any recourse when a lien is put on my house due to non-payment from a contractor to his supplier?

    I paid a contractor in full for enlarging a driveway. He did not pay his supplier. Now a lien has been placed on my property by the supplier.

    Jeffrey’s Answer

    Regardless of whether the lien will expire after a year, I can't agree that the best course of action is to simply do nothing and let the time run. Seek the advice of an experienced real estate or construction law attorney and have him or her write a letter demanding that the lien be discharged. If the lien was not properly filed and/or if there is no basis in law for its filing, the contractor may be liable for slander of title damages.

    *This response does not constitute legal advice. You are advised to seek personal legal counsel prior to taking any action. Nothing in this response should be construed to constitute the establishment of an attorney-client relationship.*

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  • Does a "roadway" easement permit the easement holder to park on an otherwise private road?

    Our neighbors have a "roadway and utilities" easement over our private road, which provides access to everyone's homes. Some neighbors like to park cars up and down the private road. They are not blocking access for anyone, however, when we pu...

    Jeffrey’s Answer

    The terms of the easement should indicate the purpose for the easement as well as the extent of the easement holder's (the dominant estate) rights. For instance, it may indicate something along the lines of "for ingress and egress" which would permit the holder of the easement to use the road to travel to and from two points. In Michigan the owner of the property which is encumbered by the easement (the servient estate), in your case you, may use his or her property not inconsistent with the grant of the original easement. To that end, provided that your use does not interfere with the use of the easement holders, you are free to use your property as you see fit. Unfortunately, often times drafters of easements fail to include sufficient information in the easement to clarify what rights are included in the grant of the easement (i.e. ingress and egress, joint use, parking only, etc.). You would be wise to consult with a real estate attorney in your area to help you determine the extent to which your property is encumbered by your neighbors' easements.
    Best of luck.

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  • Do I need to have a lawyer or accountant file for my EIN?

    I am starting my own LLC single employee nurse agency. I have filed the articles for business name. Now I would like to apply for EIN. Do i have to have an accountant or lawyer do this? What else do I need to be aware of?

    Jeffrey’s Answer

    As Mr. Brinkmeier indicated, you can do so online. You can do so through the following link: http://www.irs.gov/businesses/small/article/0,,id=102767,00.html Good luck to you.

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  • Can i sell property without an assignment of purchasers' interest in land contract.I do have a deed with my name on it.

    seller #1 sold to my friend on land contract, she sold to me, i assumed land contract, paid it off 20 years ago, paid all taxes, etc, have deed in my name. Tilte co says I cannot sell without assignment of land contract. My friend has since pass...

    Jeffrey’s Answer

    I'm not certain that I completly understand the title company's position. I have a feeling that there is more to the facts that what have been laid out. Was it that the deed came from your friend as opposed to the original land contract vendor?

    Fell free to contact me via my Avvo profile.

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