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Real Estate Law for Landlords and Property Managers

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Grand Rapids Real Estate Law for Landlords and Property Managers Attorneys

As a landlord or property manager in Grand Rapids, Michigan, you have a lot on your plate: negotiating leases with tenants, fulfilling maintenance obligations, handling receipt of payments, pursuing eviction of tenants who have breached their leases or become holdovers, and so much more. Any of these obligations has the potential to develop into a complex legal dispute, one that could put your finances and your future at risk. If you’ve found yourself in a real estate disagreement, you need an experienced attorney to protect your interests and seek the fair resolution you deserve.

SBS Law PLC is a real estate law firm that combines the personalized touch of a small office with the experience and acumen you’d expect at a larger firm. We can review your matter during a confidential consultation, advise you on your rights, and explain what we can do with the goal of resolving your dispute effectively. Contact SBS Law PLC for an initial case review with a real estate lawyer for landlords and property managers in Grand Rapids, and let’s discuss your next steps together.

Why Choose a Real Estate Attorney From SBS Law PLC?

You have enough to worry about without adding a complex legal dispute to the list. Instead, let an experienced real estate attorney from SBS Law PLC help you manage your income property because:

  • We handle your case from the start: When you turn to our firm for help, you can expect an attentive, responsive approach that puts your concerns front and center. Our team will work on your case diligently with the goal of achieving an efficient resolution to your legal needs.
  • We combine small firm attention with big firm experience: Our firm offers the personalized attention that small firms can provide, as well as the legal knowledge, experience, and skill commonly found in bigger firms.
  • We offer a professional, reliable atmosphere: Our attorneys approach each client’s case with seriousness, compassion, and care. We want everyone who walks through our doors to feel they’ve been given the dedication and respect they deserve.
  • We have extensive experience resolving a range of disputes: Our lawyers have considerable legal knowledge and insights across a wide range of areas of the law, enabling us to respond effectively to the many complexities or challenges that may arise in your case.

Understanding the Legal Responsibilities of Landlords and Property Managers

Landlord-tenant laws governing residential and commercial leases provide a legal framework that landlords and property managers must operate within. Owners of rental properties bear ultimate responsibility for legal issues involving their properties. However, some landlords delegate the day-to-day operations of their properties to management companies.

Large apartment buildings/complexes, office buildings, and retail centers may have property managers who operate the property on behalf of landlords. These property managers typically have contractual obligations to landlords to ensure compliance with local, state, and federal laws and regulations governing residential rental or commercial properties.

Lease Agreements and Contract Drafting

Landlords and property managers require well-drafted lease agreements with tenants to govern relationships with tenants. Residential and commercial leases must cover essential terms, such as:

  • Rent payments
  • Security deposits
  • Maintenance responsibilities
  • Tenant allowances
  • Renewal and termination provisions

While there are services that offer standard lease templates, landlords and property managers who use these products risk overlooking critical issues or unique circumstances that could lead to serious issues down the road. Tailored lease agreements provide greater protections, especially for those with more complex landlord-tenant relationships, such as in commercial leases. The real estate attorneys at SBS Law PLC can draft lease contracts for you or your company that are focused on the unique circumstances of your property or properties and your specific needs or concerns.

Tenant Rights and Landlord Responsibilities

Landlords and property managers must also navigate state and federal laws that govern tenant rights, especially in residential leases. For example, residential tenants have the right to a warranty of habitability, which requires landlords and property managers to maintain residential properties in a sanitary, functional, and safe condition. Furthermore, fair housing laws also prohibit landlords and property managers from discriminating against prospective residential tenants based on protected characteristics like race, religion, sex/gender, disability, or family status.

The law also imposes various duties on landlords, which they may contractually delegate to property managers, including maintaining common areas of properties and responding to tenants’ repair requests. However, landlords can negotiate maintenance obligations with tenants, making tenants responsible for certain maintenance and repair issues.

At SBS Law PLC, our attorneys can help you understand the legal rights, duties, and protections you have and that must be afforded to your tenants. We will advise you on any legal responsibilities they may have, including maintenance and property repair obligations. 

Evictions and Dispute Resolution

State property laws also govern the ability of landlords and their property managers to evict tenants. The law gives tenants the right to notice of a potential eviction and to a court proceeding before a landlord or property manager can evict the tenant. Landlords must give tenants a demand for possession to start eviction proceedings for nonpayment of rent, physical damage to the leased premises, or creation of a health hazard.

For landlords dealing with late or unpaid rent, we provide focused guidance on rent collection for landlords and the legal steps available under Michigan law.

Alternatively, a tenant has a right to a notice to quit before the landlord begins eviction proceedings for breaches of the lease that permit the landlord to terminate the tenancy. Notice allows a tenant to correct the issue(s) motivating the landlord to seek eviction. Once a landlord has given notice and the tenant has not corrected the reason(s) for the notice, the landlord may file a court action to obtain an order for the tenant’s eviction.

 

When tenants violate lease terms or disagreements escalate, our firm offers lease dispute representation for landlords to protect rental income and property rights.

The eviction process can be both legally and emotionally fraught, but you do not have to go through it alone. Our firm can represent you throughout any eviction proceedings, advising you of your notice obligations under state law and guiding you through each step of the eviction process.

Legal Issues That Arise in Property Management

If you’re a property management professional who’s been hired to oversee someone else’s properties, you may find yourself with issues involving:

  • Security deposits and rent collection: State law may govern the collection of security deposits and rent payments, especially in residential lease agreements. For example, property managers must deposit residential tenants’ security deposits in a financial institution, as the law treats the security deposit as the tenant’s property unless the landlord establishes a right to the deposit or a portion thereof.
  • Liability concerns: Property managers responsible for maintaining residential or commercial properties may face significant liability concerns. These include premises liability issues leading to personal injury or accidents that damage tenants’ or visitors’ property. Negligent maintenance or security by a property manager can lead to liability for the landlord, potentially resulting in the landlord pursuing contractual remedies against the property manager.
  • Negotiating contractual arrangements with property owners: Property managers must draft contracts that govern their relationships with the owners whose property they manage. These contractual agreements can determine a property manager’s responsibilities, legal rights, and potential financial liability to the property owner should problems arise (like premises liability accidents).

Real Estate Transactions for Landlords

SBS Law PLC can also help landlords with real estate transactions. We can advise income property owners on purchasing, selling, or refinancing rental residential or commercial properties.

If you’re thinking about purchasing a new property, our attorneys can walk you through zoning, land use, and permitting considerations, such as obtaining certificates of occupancy or determining what uses or business activities can occur at a commercial property. We can also draft and review purchase and sale documents, including sale contracts and disclosure statements.

Contact Our Firm Today for Counsel and Support in Operating Income Properties

Do you own a rental property, or has a landlord has hired or contracted you to manage theirs? If so, SBS Law PLC can help you address any legal matters you may be facing. Contact us today to speak with a real estate attorney for landlords and property managers in Grand Rapids, and let’s sit down during a confidential consultation meeting.

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