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Selling a Home with an Unauthorized Tenant

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  • 09-12-2005, 02:40 AM
    c_j_mcginn
    Selling a Home with an Unauthorized Tenant
    We own a Home in Michigan and would like help finding out the laws. Here is my story.

    We have someone living in our home that we are wanting to sell. We just found out that this lady has been living there since March of 2004. My husbands "uncle" was watching our house for us and asked us if we where ever thinking about moving back to michigan and we said no. He then asked if we ever thought about renting. We said yea but it would be to much of a hassle since we are in Texas. Come to find out he had rented our house out to someone and we didnt find out till May or june of 2004. He had collected the rent and deposit from her and kept it. My husband decided that he would try it out and she decided not to pay anymore. We had received at 200.00 deposit. And she was behind 2 months then paid 2 months and then got behind again. So we had to have him go through the eviction process but he said she had moved. This was in November when she had "moved". We had talked to one of his dads friends who is interested in buying our house and he had went to look at in May of 2005, and had found out that someone was living there. We come to find out that it was the same lady that was there before. We have no lease, or anything with this lady. She has sent us 2 payments since we have found out she was living there and is still not keeping up on the payments and we have someone who wants to buy the house. How do we go about getting her out since we live in Texas and the house is in Michigan. We cant have his "uncle" do anything since we cheated us out of 5000.00 already and dont trust him anymore. and the person wanting to buy the house doesnt want a tenant. If someone has a way to help or info on where to go to find out what to do would really be helpful. Thank you
  • 09-12-2005, 09:27 AM
    aaron
    Michigan Eviction
    You can find a lawyer in any given Michigan county who handles eviction proceedings. Given your distance, you may wish to call the District Court in the county where the property is situated, and ask the clerk if they can give you the names of some of the attorneys who are handling evictions on this week's docket, then contact those attorneys. (I can't promise that a clerk would be that helpful, but I've known many who would.)

    You will need to have somebody with knowledge of the case appear in court as a witness. Since your uncle isn't available, you may have to execute a power of attorney to somebody else up here in Michigan to appear in court on your behalf. (Unless you choose to travel back and appear yourselves.)

    It seems that there is a possibility that your uncle(-in-law) has been collecting rent, and just not telling you. It is important to discuss that possibility with the lawyer, as it will affect the type of notice that must be given to the tenant. (A 7-day notice for non-payment of rent, or a 30-day notice to terminate tenancy.)
  • 09-12-2005, 07:34 PM
    c_j_mcginn
    selling home, w/ tenant
    We have found out that he was collecting rent. My husband called the court in our county and they said that they dont recoginze power of attorney on these issues. Or we would have had my parents do this for us. She hasnt paid anything for the months of july aug or sept and it is all due. Should we sent a 7 day pay notice and then try to evict again, or will the new owner just be able to tell them that they have 30 days to leave the premises? The new owner doesnt want to have anyone there cause they want it for a retirement home. Please Help you dont know how much this means to me to find this out.

    That we have to be there in order to evict her from our house. And we tried having his "uncle" taking to jail or what ever for fraud and theft but the police say that is a civil matter and wont do anything.
  • 09-13-2005, 10:07 AM
    Mr. Knowitall
    Power of Attorney
    I am not sure what you asked the court but I think you misunderstood the suggestion. Landlords frequently work through agents and property managers rather than appearing in court themselves. You should be able to designate such a person to appear in court for you. If you haven't spoken with a lawyer as suggested above you probably should.
  • 09-13-2005, 06:12 PM
    c_j_mcginn
    power of attorney
    We asked if we could have my parents or his grandparents go to court for us if we give them power of attorney and the court told him no. I am trying to get a hold of a lawyer to see what we can do but the time difference we just seem to miss them cause of our work schedules. Do you know what kind of options we have? Can we give her a 7 day notice and then go from there? Does the new owner have to do it, We just dont know what to do.
  • 09-13-2005, 10:43 PM
    Mr. Knowitall
    Clerk
    Did the clerk also tell you that they are prohibited from giving legal advice? It sounds like you asked the wrong question, and thus got the wrong answer.

    You have to start by serving a notice to quit, so it does make sense for you to do so.
  • 09-14-2005, 11:12 PM
    c_j_mcginn
    Called the County Court
    I called the Mason County Court house where our house is and asked them about the power of attorney. The Lady there told me that the judge decided if he wants to accept them or not because to many people are using them and trying to do the law themselves. So she told me I had to go there in order to do anything. She said I can send a notice file a complaint and then have to be there. If we send the notice to quit can the new owner evict the tenant or will we have to do it before we sell it? Please let me know if the court is in the wrong or what we can do.
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