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  1. #1
    Join Date
    Aug 2005
    Location
    Michigan
    Posts
    5

    Default Can a Landlord Really Evict Me in 3 Days

    Last September, I signed a 1-year lease which is to end on September 30th 2005. Well, it seems my landlord got himself in a financial mess, and either has to file bankruptcy or sell the house. So he told me I need to leave. I am fine with moving out, I am half packed, however he did not pay the gas bill and me and my children have been living without gas for nearly 3 months!!!! Gas is included in my rent and is on my lease, I have continued to pay my full rent up until today, when he came to collect rent 2 days early. I told him, that he broke my lease when the gas got shut off, and when he told me I had to leave 6 weeks before my lease was up. He continued to cuss me out in the middle of the kitchen while my children were eating dinner, telling me I had to be out by this weekend!! screaming at the top of his lungs This was because I told him I was not paying him, and would be out by the time my lease ended. Also, he just walked in the house to do all of this, did not knock did not call, he said its his house and he will come in anytime he wants, and I can do nothing about it!!! He told me that I pretty much have no rights, and I was the one that broke the lease and that he's sueing me, and that I have to be out by this weekend. Is this possible? I read plenty of things that say he cannot legally do this, and he has to evict me through the courts. If so, who will they claim broke the lease? And how long will I have?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Eviction Law in Michigan

    There is no self-help eviction in Michigan. A landlord has to go through the courts.

    If you don't pay your rent, the landlord must serve you with a seven-day notice to quit. If you don't resolve the rent arrearage after receiving that notice, the landlord can seek to evict you. That usually takes between 10 days and six weeks. If the landlord gets a judgment of eviction, once the judgment becomes final (that is, ten days later) the landlord can seek an order of eviction and can have the tenant removed from the premises.

    Failure to pay the gas bill would violate the lease, and would probably also violate the implied warranty of habitability for the house. Also, the landlord has no right to break the lease merely because he has money problems.

    If you are of limited means, you should consider consulting a local legal aid office, as if you qualify for their assistance they can provide free legal services, and they are very much used to landlord-tenant litigation.

  3. #3
    Join Date
    Aug 2005
    Location
    Michigan
    Posts
    5

    Default Thankyou Aaron

    I was thinking all of this, but I was very flustered when he walked in and started screaming at me. I have also read that he cannot file until I am actually late on my rent? My lease says my rent is due on the 1st of each month, and today was the 29th. He also told me the judge would not even take into consideration that the Gas was shut off, this is our heat(which we are not using atm) and our hot water, I am boiling water on the electric stove to bathe the children. I would think that the judge would take this into consideration. Even though I am moving out on my own. I think, I will go to the court tommorrow to file a complaint, would this be a good idea? And, I will check into legal aid also.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Thankyou Aaron

    Quote Quoting echoec
    I think, I will go to the court tommorrow to file a complaint, would this be a good idea? And, I will check into legal aid also.
    The other way around is better - go to legal aid first and, if they can help you, have them draft and file the complaint.

  5. #5
    Join Date
    Aug 2005
    Location
    Michigan
    Posts
    5

    Default thankyou again!

    Well, I did call the court and they said that they do not have those kind of complaints to file in Michigan they said umless I was sueing or taking him to court, however she did refer me to a Mediation Service, who she said may be able to help me. Now I am going to call thm in a minute when they open and see what they may say, any help is great, maybe they will have some ideas for me too, as long as I am safe until September 30th, when my lease ends, I already have another place lined up. I just do not want me and my kids on the streets. "THis weekend" as he put it. So, Aaron, what do you think about the mediation idea?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Dispute Resolution Service

    I would try legal aid first. A dispute resolution center can only help if both sides agree to participate.

  7. #7
    Join Date
    Aug 2005
    Location
    Michigan
    Posts
    5

    Default Now what?

    Okay, today, my landlord left a 7-day Demand for Possession notice on my door, And he is already charging me with a lete fee! Is this legal? My rent is not even due yet. My lease states my rent is due the 1st of the month, in a sum of $565.00. It also states, that if rental payments are not made within 5 days of the due date, a late charge of 2 1/2 % of monthly rent will be assessed. Now he is saying I owe $580.00, when i am not even late yet, I am contacting legal aid in the morning, I found an office near me. But I feel that this is not legal, for him to even be able to serve me or charge me a late fee, when my rent is not late??

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Now what?

    Quote Quoting echoec
    Okay, today, my landlord left a 7-day Demand for Possession notice on my door, And he is already charging me with a lete fee! Is this legal? My rent is not even due yet.
    No. You can't be asked to pay rent or charged with a late fee unless your rent is due.

    Quote Quoting echoec
    I am contacting legal aid in the morning, I found an office near me. But I feel that this is not legal, for him to even be able to serve me or charge me a late fee, when my rent is not late??
    When you talk to legal aid, assuming they can help, I would ask them about bringing a counter-complaint and having the court hold your rent in escrow during the pendency of the litigation.

  9. #9
    Join Date
    Aug 2005
    Location
    Michigan
    Posts
    5

    Default So irritated!

    Well if things could get any worse.........they do. My landlord came by and put for rent and for sale signs in the front yard. People keep driving by taking down the number, the sign says by appointment only, what are the laws on this? Can he set an appointment up everynight of the week if he wants too? I mean , I am moving, but we still live here!, and my pets are still here, I mean do I have to allow him to show the house everynight when I get home from work? How will I have time to move or prepare dinner or anything normal people do? And what can I do, if he shows the house while I am at work, without notifying me? Please let me know, I am going out of my mind!

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Problem Landlord

    You may wish to look at this information for tenants from the University of Michigan.

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