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  1. #1
    Join Date
    Oct 2006
    Location
    Michigan
    Posts
    29

    Question Can I Be Evicted For Having an Unauthorized Occupant

    I live in Michigan.
    I have been in a lease that I have had problems with for 6 months now.

    Today I got a notice taped to my door to contact the office in regards to an unauthorized occupant. I haven't called them yet, but I am going to in the morning. I am not sure where this is going. My car broke down about a month ago. I haven't had a vehicle, so my b/f has been staying with me Mon-Fri to get me back and forth to work. He goes home on the weekends. My lease states that anyone staying in the apartment for 7 days is considered an occupant. But he is only there 5, so I don't think I would consider him living there. Not to mention he has NOTHING in my apartment. When he stays, he brings an overnight bag. He doesn't have clothes or anything else there.

    The prior problems have been repair related...My apartment complex doesn't like to fix broken things and they have given me 2 notices to pay or quit because I repaired things myself and took it out of rent. Because of this, I think they are looking to evict me and this is the only thing they can come up with. Do they have any grounds here???

    I am not sure what I should say to the manager tomorrow?! I don't know how much information is too much. I don't want to move out because I am 6 months pregnant and completely unprepared for a move.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Can I Be Evicted For Having an Unauthorized Occupant

    What does your lease say about your questions?

  3. #3
    Join Date
    Oct 2006
    Location
    Michigan
    Posts
    29

    Default Re: Can I Be Evicted For Having an Unauthorized Occupant

    My lease says 14 days or nights consecutive stay in a 45 day period.
    The basis that they gave me this letter was: An adult person is making reoccurring visits to your apartment. Asks me to call the office to solve the problem.

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

    Default Re: Can I Be Evicted For Having an Unauthorized Occupant

    Whether or not you are in violation of your lease, your landlord apparently believes that you are. Have you followed the instruction of contacting the office to solve the problem?

  5. #5
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Can I Be Evicted For Having an Unauthorized Occupant

    They are correct; you need to call.
    Originally you stated this:
    My lease states that anyone staying in the apartment for 7 days is considered an occupant.
    Then you stated this:
    My lease says 14 days or nights consecutive stay in a 45 day period.
    So, you either need to LOOK at your lease to see if you are violating it, or speak to the LL.

  6. #6

    Default Re: Can I Be Evicted For Having an Unauthorized Occupant

    the other thing to consider doing...I did this for my own issues...call your local housing department and ask them your specific question.

    Like people said before...read your lease word for word. If it's the former and it states 7 days...regardless of WHEN he stays over, if it adds up to 7...they are in the right.

    Something to take note on...if you've made complaints formally against your landlord or have proof of complaints made, you landlord could be seen as bringing forth a "retaliatory eviction." Not sure about your states law on the issue but in CA, you can't evict for I think 180 days from the date of a formal complaint (to a legal agency, ie. housing department, health department, etc.)

  7. #7
    Join Date
    Oct 2006
    Location
    Michigan
    Posts
    29

    Default Re: Can I Be Evicted For Having an Unauthorized Occupant

    I did call the office and I got the answering machine. I left a message and got no return call. I did read the lease after I posted and the lease states 14 days, not 7 like I originally thought.
    Should I continue to call the office or consider my part done since I called and left a message and they are the ones not returning the call??

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