October 2, 2022

Volume XII, Number 275

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September 30, 2022

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September 29, 2022

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Landlords: Pay Attention to Criminal Activity on Your Leasehold Property

On July 30, 2013, the Michigan Supreme Court issued an opinion in the case of Bailey v Schaaf, holding that Landlords have a duty to "make reasonable efforts to expedite police involvement" when put on notice of criminal acts occurring in common areas which may cause harm to a tenant or other person.

Key takeaways from the case: 

  • This duty to notify the police does not extend to criminal activity occurring within the unit leased by the tenant (but, the best practice may be to notify the police for any criminal activity anywhere on the property).

  • This duty does not include anything more than notifying the police (e.g., Landlord's employees do not have to break up the crime).

  • The duty is triggered only when a Landlord is put on notice of the criminal activity.

Bottom line:  Landlords should notify police if and when they are made aware of criminal activity on the leasehold property.

© 2022 Varnum LLPNational Law Review, Volume III, Number 229
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About this Author

Randall J. Groendyk, Varnum law firm Creditor's Rights Attorney, Civil Litigation Lawyer
Counsel

Randy focuses his practice on creditor's rights law, including collections, bankruptcy, landlord-tenant, claim and delivery, foreclosure, and commercial and general civil litigation. His specialties also include Fair Debt Collection Practices Act and Fair Credit Reporting Act defense and compliance review.

Honors & Recognitions

Martindale-Hubbell® Distinguished™ Peer Review Rated

Professional Affiliations

ACA International

Commercial Law League of America

Grand Rapids Bar Association

Michigan Association of Collection...

616/336-6573
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