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Specializing in Environmental Law and Real Property Law



A landlord is allowed to institute summary proceedings to recover possession of leased property when a tenant is not paying rent. The process begins by serve of a written demand for possession or payment upon the tenant. Service is accomplished by first class mail or personal delivery upon the tenant, family members or employees.

Reflecting the changing times and the modes by which people communicate, beginning August 19, 2015, a demand for possession or payment can be served by electronic means, such as email, if certain conditions are met. Those conditions include receipt of written consent from the tenant to allow electronic service and an affirmative acknowledgement of that consent. A landlord cannot refuse to enter a lease if the prospective tenant declines to consent to electronic service.

Ramifications of Failure to Disclose Contamination

A recent Michigan Court of Appeals decision illustrates the ramifications of failure to fully disclose the presence of hazardous substances prior to the sale of real estate. The case of Alfieri v Bertorelli, — N.W.2d —-, 2011 WL 4949671 (Mich.App.) involved a condominium project built on a site previously used to manufacture pipe organs and picture frames. It also housed a cyanide based metal plating operation. Continue reading