Skip to main content
Gary E. Tibble

Gary Tibble’s Answers

6 total

  • I got my deposit back from my apartment stating final but 7 months later I got a revised final with charges. Can they do that?

    We moved out of our apartment 7 months ago and they gave us a final letter with all charges they took out of our deposit and then they gave us a check for the remaining balance of our deposit. 7 months later they sent is a "Revised final" stating ...

    Gary’s Answer

    7 MONTHS LATER??? I can't imagine a judge agreeing with your landlord. If they file a case, talk to an attorney right away-there is a chance you could request your attorney fees be paid by the landlord. Even charging to clean carpets would not be allowed unless they exceeded normal wear and tear. Attorney Gary Tibble,Kalamazoo-

    See question 
  • My neighbor put a spite fence at my driveway easment to keep me from touching her grass in the winter months. do i have rights?

    because my street is so narrow, if cars are parked on the block i cannot access my driveway

    Gary’s Answer

    Most easements involve the same rights year round. Get a written copy of your easement and have a real estate attorney review it. If you use it in the winter and create ruts,you will likely be responsible to fill the ruts in the spring at your sole expense. It could be that the owner of the land you have the easement on had problems with previous easement users and is trying to avoid your legal use. If you or your lawyer cannot gain the needed cooperation of the neighbor, you might decide to sue to gain court ordered access. However due to cost and possible long term hostilities with the neighbor,court would be a last resort.

    See question 
  • What jobs can i do in michigan with uttering & publishing on my record

    i am currently enrolled in muskegon community college and would like to take classes pertaining with early child hood development certificate not degree. i have an uttering and publishing charge on my record from the 1990's can i get a job doing t...

    Gary’s Answer

    It will be very difficult.Are you eligible for expungement? Many people can have their convictions removed, but are unaware of this possibility. Michigan law changed this past June making more people eligible for removal of their criminal records. The change allows for 2 additional prior (qualifying) misdemeanors prior to age 22 to not be counted in considering expungement. Check on it !!! --Call us if you have a question. Attorney Gary Tibble 269-383-6000.

    See question 
  • Was busted with a meth lab and possession of meth, what are the consequeces?

    In 2/2009 my sister was busted with a "cs-op maintaining lab involving meth" and c--possession of meth

    Gary’s Answer

    Michigan laws involving meth are very strict. I recently handled a case where the penalties for possession of trace amounts of meth on one straw subjected the Defendant to a prison term of up to 20 years. The same situation exists for meth labs, which there is a great amount of dispute as to the definition thereof. Punishment varies greatly, depending on which county in Michigan the case occurs, the quantity of the drugs involved and the previous criminal record of the accused. Despite the high penalties, term of probation can be given as punishment or possible involvement in a drug court rehabilitation program could also be a type of diversion/probation sentence. The accused should seek legal counsel as soon as possible to explore all options, including possible dismissal of charges as well as have proper time to thoroughly investigate the matter.

    See question 
  • When a landlord enters the rental home without permission, how can you sue for invasion of privacy?

    invasion of privacy, defamation of character, entering the rental home without permission

    Gary’s Answer

    Probably your best recourse, if you've previously discussed the matter with the landlord, is to file a complaint with your local police agency. A landlord does not have a right to enter on your property without reasonable notice or an emergency situation. Many leases have 24-hour prior notice clauses which assist in tenant-landlord communication. If the situation has occurred more than once, many police agencies will allow the tenant to file a trespass or misdemeanor "entry without breaking", also known as illegal entry, complaint. The benefit to the tenant is strong enforcement by a free public agency, the police, rather than engaging the services of a private attorney at the tenant's expense. This is a type of issue that also could be handled by a Legal Aid Bureau attorney if the tenant is low-income. The other remedies you suggested in your question are generally expensive, impractical, and rarely used.

    See question 
  • Can a landlort request utility bills that are in a tenants name be sent to him?

    All utilities are in my name, and the landlord has requested that he receive copies of the water bill from the township. Consequently, I have stopped receiving the bills, and am now getting late notices and shut off notices. Does he have the right...

    Gary’s Answer

    Yes, since this is a PUBLIC utility which is assessed against the property, not the individual tenant. Unpaid water/sewer bills are assessed and collected through future property tax bills if the water/sewer bills remain unpaid for a number of months. This is in contrast to electric and gas utility service (ex. Consumers Energy) which is provided by a PRIVATE company (although regulated by the public) to a private individual and delinquent bills cannot be levied against the property or added to the property tax bill. Therefore, electric/gas customers have specific privacy rights which the landlord cannot interfere with.

    See question