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Can I get evicted in michigan for this

Westland, MI |

I was late on July rent to my landlord, I set up a payment arangement which he accepted the first payment. Then he calls and says that he is going to evict my family. And rasing the rent five bucks becasue we pissed him off. I told him he can't do that because it says fixed monthly rate of 925. After I though talking with him again about the rent and taking the second payment, he comes at us that he is evicting us because the water bill is past due, whic it is but had it budgeted for payment this friday. I am worried, he has been so harrasing about htis situation along with a nasty letter from him. We are working to get this paid and it will be by Friday.I have to have my home, can this man take it from me? We are on land contract for 25 years.It will be paid all up on Friday, everything.

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Attorney answers 1


Let's take the easy part first-- the landlord cannot increase your rent for any reason if you have a written lease stating clearly the monthly rent. He can evict you for non-payment of rent or if you do not pay all of the rent. He would have to give you a 7-day notice to cure the defect (pay the rent) and then he can start eviction proceedings against you. However, if you worked out a payment plan with him and he accepted it, I think you could make the argument that his acceptance of the partial payment waived his right for that month to evict for non-payment b/c his actions accepted the plan. At least I think that's a good argument. That doesn't mean that he is now obligated to do that every month. But he could probably evict you for the water bill if that is not taken care of. I know it's a big mess but that's the way it can get sometimes. But it's the end of your post that bothers me b/c you mentioned a land contract. Uusally that is for someone buying a house and not renting it. That could call for a different legal analysis so I can't really say for sure until I know precisely what's going on. Clarification and more information is needed for a proper answer.

Melissa J. Heinig

Melissa J. Heinig


I agree. Land contracts are tricky, but much like a lease. You hold the equitable title and he holds the legal title. If he wants to evict you, he has to follow the above procedures. If it is a land contract, however, he will need to go through different procedures (1) forfeiture (where you leave) or (2) foreclosure. It really all depends on the terms of the agreement.

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