Category Archives: Same Sex Real Property Issues

House Bill 4463: Proposed Law Would Allow LLC’s to Pursue Landlord/Tenant Evictions without an Attorney

On March 30, 2017, Representatives VanSingel, Lucido, Sheppard, Webber, Howrylak and
Calley proposed House Bill 4463, which would amend MCL 600.101, et seq. by including a new section 5707.  Under current Michigan law, a limited liability company (“LLC”) is required to be represented by an attorney for any landlord/tenant matters.  The proposed law would allow single member LLCs (or two member LLCs if the two members are married) to handle evictions without requiring an attorney under certain circumstances.

First, the amount in dispute could not exceed the limit for small claims matters [currently $5,500].  Thus, if the damages exceeded $5,500 then an attorney would still be required.  Second, the LLC may only be represented by a member, a property manager or other agent with direct and personal knowledge of the facts in the complaint.

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Michigan Eliminates Dower

Since 1846, Michigan has recognized a statutory right of dower in favor or women. Dower rights allowed for a widow of a deceased man to use 1/3 of the lands of her husband that were acquired during the marriage for the remainder of her life.  The concept of dower is dated and has been eliminated in many states.  At the end of 2015, the Michigan legislature passed a serious of bills that abolished dower in Michigan.  Specifically, Senate Bill 558 provides as follows: Read more