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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102146
Experience:  Attorney
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Today the apartment manager tried to bully her way into my

Customer Question

today the apartment manager tried to bully her way into my boyfriends apartment while i was home alone, she claims there is a smell but in fact i know that is not true it is all about the fact they do not want to accept my esa
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: michigan
JA: Has anything been filed or reported?
Customer: no, we have been getting rady to move, just locating a new place closer to work, but they have been quite hostile. Like today she brought the neighbor with her on"official" business.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have all the paperwork needed for legally having an esa
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

In Michigan, the landlord cannot enter the apartment without proper notice unless there is an emergency. See HERE. This includes any agent or contractor acting on their behalf.

What the manager did was improper. And bringing the neighbor was also improper unless the neighbor was acting as the contractor for the supposed smell. But even if they were, lack of notice is still improper.

If she continues to do this, then:

1) You/your boyfriend can get a restraining order against them - see HERE; and/or

2) The boyfriend can claim constructive eviction and quit the lease without penalty, and then seek the deposit back via small claims.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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