Landlord / Tenant Law Archives

Residential Landlords Placed on Notice of Criminal Activity on Premises Liable for Attacks on Tenants and Guests Even Where Attack Takes Place in Open / Public Spaces Adjacent to Apartment / Dwelling

on July 30, 2013May 12, 2020 By Carson J Tucker, JD MSEL

The Michigan Supreme Court ruled today in the case of Bailey v. Schaaf Opinion.07,.30.2013.144055 Opinion, that a residential landlord could be held liable to the guest of a tenant who was randomly attacked by an unknown criminal perpetrator who entered the property. Tenants and guests at a barbecue held by one of the tenants were [...]

Michigan Defense Quarterly Article by Carson J. Tucker

on April 30, 2013May 12, 2020 By Carson J Tucker, JD MSEL

My article on the amicus curiae brief I filed in the Michigan Supreme Court in the case of Bailey v. Schaaf, et al., Supreme Court Docket No. 144055 (Oral Argument held on March 5, 2013) was published in the Michigan Defense Quarterly Spring Edition. Read the article on page 24 of the Quarterly here: MDTC Spring [...]

2-1 Court of Appeals Opinion Rules Landlord Not Liable to Tenant for Failure to Maintain Common Pathway to Access Trash Disposal

on March 12, 2013May 12, 2020 By Carson J Tucker, JD MSEL

This is an interesting case if only for the colloquy between the majority opinion and Judge Shapiro's dissent. The facts are unremarkable. Plaintiff was a residential tenant living in an apartment owned by the defendant. Several other tenants lived in separate apartments in the same structure. A common area (driveway / pathway) was accessed by [...]