[brifye19]

I have a situation that I would really like some light to be shed. I have went over the Landlord-tenant PDF and other websites for reference but I need an answer from someone professional or someone with the correct knowledge.

My wife and kid's and I were invited to live with a friend of mine in a manufactured housing park. The date that we moved in was August the 8th of this year. My roomate moved out about a month ago and when he moved out he tried to kick us out on the streets right than and there. We called the Sheriff and the Sherrif told my roomate that we had to be legally evicted. After my roomate moved out I called the Management for the park to see if we could get a lease transfer and the park refused to add us to the lease because the original lease holder was not allowed to sublet. This is when the Chaos started.

The management has been trying to force us to move out. The first incident the park had maintenance go underneath the house and cut out the water pipes so we didn't have active running water. We fixed the pipes. There have been two occasions on the cutting out the water pipes. The Sheriffs have been here four times and the sheriff tells management they have to go through the legal process of eviction because we established residency on August 8th. I have talked to Attorneys and said that we can file for damages because of the disconnection of water twice. We have offered the management money which they refused and they are just being very difficult to work with.

Today I received a Eviction hearing document from the sheriff and on the document it says we are being evicted because we are trespassers.

Couple things I should specify, my old roomate allowed us to move in here with him, there was no written live in agreement it was all verbal but we were paying rent to him so we could stay here.

Just recently the management wanted to work out an arrangement with us being put on the lease but was later denied and redirected to talk to the managements attorney.

We have the utilities turned on in our name (Gas & Electric) water is paid by the park.

Now my questions are

1. Are we in fact trespassing because we invited to move in to the home?

2. Are we entitled to any rights under the landlord tenant laws of Michigan?

3. Since we were invitees to the home do we have to be given the proper eviction procedure as if it would be if we were on the lease? we were not given a notice to quit we just received the complaint and eviction courtdate. Am I entitled to Due Process?

A little advice and help on the situation would be appreciated

Thank you

[zthatzmanz28]

1. Are we in fact trespassing because we invited to move in to the home?

YES. When the owner moved and abandoned the property you became tresspassers. Your name is not on the title or the deed?


2. Are we entitled to any rights under the landlord tenant laws of Michigan?

NO...without a contract there is no LANDLORD / TENANT relationship?

3. Since we were invitees to the home do we have to be given the proper eviction procedure as if it would be if we were on the lease? we were not given a notice to quit we just received the complaint and eviction courtdate. Am I entitled to Due Process?

YES that is what the Eviction hearing is..you cannot be given a notice to quit what has NEVER legally started. If the park served papers to quit, they would be acknowledging you have rights to be there.

Call a lawyer as this is just an opinion based on personal experience, your situation may differ and not all tresspassers are treated the same.

[Retroit]

When did/does the lease expire?

If it already expired, you are trespassing. Ask the landlord if you can sign a new ease in your name.

If it has not yet expired, but the rent has not been paid in full, you are trespassing. Ask the landlord if you can pay any unpaid rent and continue to live there.

If it has not yet expired, but you have continued to pay the rent in full, the landlord would be stupid to kick you out. You are doing them a favor by taking over the rent payments of your friend. Otherwise, the landlord would have to go after your friend to collect rent on a vacant unit. When the lease expires, you can sign a new lease in your name.

The landlord should be made content as long as rent is paid. You probably were in violation of the lease agreement, though, by not listing you and your family on the lease (most leases require this).

[brifye19]

I believe the Lease expires in June 2012. I have offered the Landlord Money after my roomate moved out and he will not accept any money from me. At first he was gonna let me stay the rest of the month than give me 800 to move out, than he said he wanted to see if we wanted to work out a lease agreement Now he has an attorney on his behalf. I was paying rent to my buddy because he was the original tenant that was on the lease. I have not seen the lease so I don't know if he was in breach of contract for letting us live here.

I am really just wanting to know what I can do in this situation. It's getting cold and close to christmas and I don't have thousands to spend on an attorney. I would like to have a lease with management, and because my roomate moved out we felt like we should have just been able to take on the payments or at least received a notice to quit.

[Retroit]

Is it possible that you were giving money to your friend for rent but that he was not paying rent?

I'd call up the attorney and say "Listen, I'm willing to pay all rent due. I apologize if my friend breached the lease contract in any way. I was not made aware of all the terms. I'm not out to $crew your client; I just need a place for my family to live. Now how smart would it be for your client to evict me when I am willing to lease another house from them? Wouldn't it make more sense for my family to stay in our current unit?"

If your friend did steal the money that you gave him for rent, I would ask him for it back or sue him in small claims court. Go to your local courthouse and fill out the form. It's quite easy and does not require an attorney. There is a filing fee (about $50).

[brifye19]

Originally Posted by Retroit

Is it possible that you were giving money to your friend for rent but that he was not paying rent?

I'd call up the attorney and say "Listen, I'm willing to pay all rent due. I apologize if my friend breached the lease contract in any way. I was not made aware of all the terms. I'm not out to $crew your client; I just need a place for my family to live. Now how smart would it be for your client to evict me when I am willing to lease another house from them? Wouldn't it make more sense for my family to stay in our current unit?"

If your friend did steal the money that you gave him for rent, I would ask him for it back or sue him in small claims court. Go to your local courthouse and fill out the form. It's quite easy and does not require an attorney. There is a filing fee (about $50).

I know the whole situation is screwed up. I contacted legal aid and the attorney said that she can ask the managements attorney to just be put on the lease. I have an income coming into the home we have lived here since August it doesn't make sense why they won't accept our money. I was able to talk to a friend of mine who is an attorney and he said that I still should have gotten some sort of notice to quit since I was a subtenant.

[Retroit]

I have a hunch your friend did not tell the landlord that you were living with him, therefore your landlord couldn't have given you notice. (As I think zthatzmanz28 was trying to explain.)

I'm not sure what a "notice to quit" is. I was once late on rent and my landlord posted what I believe was an eviction notice on my front door the next day.