Management is Trying to Force Out Unauthorized Subtenants

My question involves an eviction in the state of: Michigan

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

You have never been approved for a lease by the community manager. You are not a legal tenant. The park is not obligated to provide you water as you have no contract with them. They want you to leave. They will attach the trailer for rents owed if the owner does not pay. You have limited rights to due process as you are illegally in the trailer. They do not have to accept you as tenants.

You appear to be stating that you were an unauthorized subtenant of the lawful tenant, the lawful tenant ended his lease and moved out, and now you're living in the landlord's property, with no authorization to be there, no rent ever having been paid, and nothing to make you a lawful tenant or occupant of the residence. That is, from what you've told us so far, you appear to be a trespasser, not a tenant. You have been summoned to court for an eviction hearing - if you can prove in court that you have a tenancy, you have potential to force the landlord to give you as much as thirty days notice to quit; but you would at best be buying a bit more time before you have to move. I think it's exceptionally unlikely that this landlord is suddenly going to decide that he wants you for a tenant.

Quote:

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Quoting Mr. Knowitall

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You appear to be stating that you were an unauthorized subtenant of the lawful tenant, the lawful tenant ended his lease and moved out, and now you're living in the landlord's property, with no authorization to be there, no rent ever having been paid, and nothing to make you a lawful tenant or occupant of the residence. That is, from what you've told us so far, you appear to be a trespasser, not a tenant. You have been summoned to court for an eviction hearing - if you can prove in court that you have a tenancy, you have potential to force the landlord to give you as much as thirty days notice to quit; but you would at best be buying a bit more time before you have to move. I think it's exceptionally unlikely that this landlord is suddenly going to decide that he wants you for a tenant.

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I was waiting for response, I have a couple aggressive attorneys that I can retain. It's really a dumpy situation. I have the money to afford tenancy. At first the landlord offered us a month to stay and 800 dollars to relocate, he backed out on that offer. He also wanted to work something where we were officially on lease but re-niged because a lawyer instructed him against it.

Mr knowitall if we are trespassers how come the sheriff deputy didn't file criminal action and do you have any advice for me?

You will be moving. The only reason the landlord is tolerating you is because it is not in his best interests to force a situation where the trailer is moved. If you have money for attorneys, you can afford to obtain a legal residence. The only reason you have not been charged with trespassing is because you are illegally possessing a rental according to the terms the property remains there. The rental does not belong to the park, only the property. In essence, the trailer owner is responsible for your trespass.

You can ask the deputy.

Deputies aren't courts - they aren't likely to look at leases and other documents to determine the nature of an occupancy or tenancy.

It's out of the deputies hand now, they have been out here four times already and told the management every time that they need to evict. I have court on the 15th, I read a document and it said that when I have court I can ask for a two week adjournment to retain legal help

http://www.michiganlegalaid.org/libr...tion/html_view

About half way down

What happened to those attorneys you had? Abandon you already? This is the reason the manager does not want you. You will constantly be a hassle. I assume that is how you ended up being his problem in the first place. That is also why his lawyer advised him to bite the bullet and just deal with getting you removed now. Likely you will not get a delay to obtain counsel as you are a deemed a trespasser in an abandoned trailer. Plan on being out 30 days from the eviction order.

You can potentially delay things by requesting a jury trial, but things can happen quickly in a landlord-tenant proceeding, and your landlord may have a lawyer who's a lot more savvy than you are.

How long do you imagine that you'll be able to stay in the premises? You may want to negotiate for a consent judgment with a firm move-out date, and be gone on time.

It's a fair question: Why aren't the lawyers you consulted representing you and bringing a counterclaim for constructive eviction due to the water shut-off?

I haven't paid the retainer, and really I'm just wanting a 30 day notice instead of a week and a half because I have 3 children under age 5 and Christmas is right around the corner