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Ely
Ely, Lawyer
Category: US Law
Satisfied Customers: 102584
Experience:  Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am on the point I hope of selling a property in Detroit;

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I am on the point I hope of selling a property in Detroit; the reason ..it is cheap.. is because I have received no rent from it via the letting agent - since may 2014.i am going to take action to try to get rent..i have a mass of emails etc( I never had the tenancy contract..lots of stalling - though I signed a normal contract with the managing agent). should I start this whilst I still own the house or will it be possible to do so after it has been sold?? the persons selling it on my behalf are hand in glove with the managing agent, and not helping me to retrieve the rent. though at the outset the selling agent promised to put everything in train .the selling agent is based in Manchester England.the contrct I signed with the management company promised monthly receipts accounts etc - which I have never seen.can I ask key to be posted? in case I swap the selling agent and find a realtor in Detroit? thank you, ***** *****
Submitted: 2 years ago.
Category: US Law
Expert:  Ely replied 2 years ago.
. My name is ***** ***** welcome to JustAnswer. Please note: (1) this is general information purposes only and not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.
This should be done while one owns the property. When one sells the property, unless the sales contract specifies otherwise, the rights/duties of the landlord are transferred to the buyer. Ergo, if possible, it is best to pursue rent while one still owns the property.
As "key to be posted," I am not sure what you mean here. If you mean allowing an agent entry into the home, then I am afraid it is not that simple. Even if the tenant is not paying rent, they still have the right to control who comes into the home. Unless the contract state otherwise, default rule in Michigan is that the landlord should give the tenant reasonable notice prior to entry, which is 48+ hours in most cases. The landlord or landlord's agent may also only purpose, so the tenant may object to constant visits from possible buyers. Of course again, the contract may amend this default rule.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved who are rude or information. Please rate me on the quality of my information; do not punish me honesty.
Gentle Reminder: Please, use the reply button to keep chatting, or rate positively and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 2 years ago.

thank you ..the management compant has ignored my many pleas rent; I have been the victim of a scam I think.they have been in breach of contract paid no rent.i am taking action today to try to get a legal letter sent on my behalf... from England, asking .i think I will have to threaten the management folk with court action.the rent should be backdated....I will probably get nowhere as an absentee landlord but I feel I will have to try. the selling agent in the uk advised me to wait till the sale was over/completed...but then they must be part of the scam too.i was told that as the owner of the property I could have a key... I was never sent one. the firm in the usa which put the house on the market originally confirmed that.i could have a key. I realise any tenant has to have due notice to have entry to a property. I want my own key in case I have to find a different realtor/estate agent to sell it . unless the tenant would cooperate. what do you think please?? regards mrs logan

Customer: replied 2 years ago.

ely thank you good advice..i have responded. what I am also wondering is if I will need to at least threaten the management company with court action? ie breach of contract etc failure to pass over rent that is if the company fails to respond to letters from a legal representative..can I be representd in court by you?? are you licensed to practise in wayne county? what would the approximate costs be were I to be represented in court?? can you please kindly further advise thank you in anticipation mrs logan

Expert:  Ely replied 2 years ago.
and my apologies wait.
I think you should get an attorney in USA to represent you, so they can go and "check out" everything - who is renting, where the management company is, etc, and clarify if this is a scam or not. You simply cannot do this alone from the UK.
And yes, threatening legal action may be necessary here.
Unfortunately, JustAnswer experts cannot take customers on as clients. I am sorry. May I recommend the Michigan Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
Gentle Reminder: Please, use the reply button to keep chatting, or rate positively and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Ely and other US Law Specialists are ready to help you
Customer: replied 2 years ago.

do you please have a snail mail address Michigan bar association? that is in case I can not contact them by email..i think letters form here take about four days to arrive. thank you response ..mrs logan

Expert:  Ely replied 2 years ago.
By all means:
State Bar of Michigan
Michael Franck Building *****
Lansing, MI###-##-####