Christopher Allyn SevickResidential Real Estate LawyerAnn Arbor, MI ·
Your question is difficult to answer since it is vague. Have you been told you do not have a contract that is legal or do you not have a written contract and then assume is isn't valid? If the first is true much more information is necessary, but if you just don't have a written lease you may still move forward with an action if you can show the tenant obtained a benefit and had agreed to compensate you for that use. A WRITTEN lease isn't necessary, but often helps and reduces claims the the tenant may raise as to the Truth in Renting Act, Security Deposit Act, Lead Paint, and several others.
In addition, if the tenant is still in the residence your proper court would be the District Court for your geographical location as they have jurisdiction over Landlord/Tenant actions.
Timothy A. DinanCriminal Defense AttorneyDetroit, MI ·
As a landlord, you have the ownership of the property. A lease, be it oral or written, gives someone else rights to possession of the land. Ideally, you'll be paid for this grant of possession. If you are not, then you are entitled to 1) possession and 2) money damages. Usually, you want possession so that you can rent out the property to someone else and prevent damage by the current possessor. After gaining possession, you may pursue money damages in a supplemental claim. There is no need to file a separate claim if you have already filed an action for possession. If the tenant has left without having to file an eviction action, then you could pursue them with a small claims action or an action in contract in district court.
In the future, you may want to make contact with your local landlord association to obtain a form lease or get one from an attorney. I am afraid any other form lease may not meet the standards that will protect your interests. I would also make sure to get a security deposit and terms in the lease that include payment of all attorney fees in the event that the tenant must be removed through eviction proceedings.
Good luck with you money action. This answer does not constitute legal advice to a specific client and is offered as general guidance as to Michigan Landlord Tenant law.