Shinners & Cook, P.C.
5195 Hampton Place
Saginaw, MI 48604-9576
989-799-5000
Info@shinnerscook.com


 

At Shinners & Cook, we’ve built long-term relationships with hundreds of business men and women by providing expert legal counsel and outstanding professional service. As business people ourselves, we know how important it is to respect our clients’ priorities, their time, and their need for complete confidentiality.

Whatever your legal needs – from business transactions to real estate to estate planning to litigation – you can depend on our team of experts to safeguard your business interests today and anticipate your needs for tomorrow.

 

 


Shinners & Cook, P.C.
Business Attorneys and Counselors
Estate Planning • Real Estate • Strategic Transactions • Related Litigation

 



Wills, Trusts, Business, Real Estate, and Probate Blog

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In July of 2010, Michigan became the 18th state to adopt a Cottage Food law, which allows individuals to manufacture and store certain types of foods in an unlicensed home kitchen.  Six other states are currently considering cottage food laws, with bills introduced within the last two months.


Previously, I wrote about the process for a landlord to evict a residential tenant.  (See: Real Estate Primer for Landlords:  Your Tenant Stops Paying) While the process for evicting a commercial tenant is the same as in a residential setting, the requirements for the lease itself differ greatly.  The parties to a residential lease are governed by strict statutory and common law requirements, while parties to a commercial lease are accorded broad latitude in defining their rights and obligations.  For instance, the Truth in Renting Act and the Landlord and Tenant Relationship Act, which govern the particular duties, rights, and obligations arising between residential landlords and tenants, do not apply to an office lease.  In this article, I highlight two notable distinctions between residential and commercial leases, in addition to outlining three of many common law rules that apply if the lease is not negotiated and drafted otherwise.


The most common issue that arises for a landlord is when a tenant, for whatever reason, stops paying rent. The reasons for non-payment may range from simply forgetting to pay rent a particular month, to unexpected financial difficulty, to not being able to afford the dwelling in the first place.  But, in the end, when rent goes unpaid paid, the reasons why may be unimportant.

The first step in the process is to attempt contacting the tenant as soon as the rent is late. Do not let weeks or months go by before taking action. If the tenant simply forgot to pay, you, the landlord, may be able to resolve the issue with a phone call as opposed to instituting a Summary Proceeding, otherwise known as the formal eviction process.