Being evicted and sued for more than I owe - WWYD?

Mariposa Traicionera · Mon Sep 07, 2009 5:24 pm

I'm too embarrassed to discuss this with anyone I know IRL, and too broke to discuss it with an attorney.

I live in Michigan, where I rent an upper flat with a month to month lease. Within the past couple months I have fallen behind in my rent. I am currently a little under $1400 behind on my $500 a month rent. The rent is due on the 20th, so if I am still here I'll be almost $1900 behind. Last Monday I told the landlord I'd be out in 2 weeks, that he could keep my $500 security deposit, and asked if he would accept $50 a month until he is paid off. He said he would have to file for eviction with the court. When I got the notice to appear on the 24th, it said that he is also suing me for $5000. That's more than 3 times what I owe him, when you figure in the security deposit I was letting him keep.

Here's my predicament. I don't want to say or do anything hasty, but I feel like he doublecrossed me. I have no rent receipts because I always trusted him. So, I'm considering staying here after the time I told him I would leave. My daughter and I were going to have to stay in a motel temporarily, but now I wonder if I should save the money in order to file for bankruptcy(I also have huge medical bills, which is part of the reason I fell behind). WWYD?

Mustang · Post by **Mustang** » Mon Sep 07, 2009 5:40 pm

Link for Michigan landlord-tenant rights:

Landlord-Tenant Rights and Duties

Landlords can evict tenants by court order only, and cannot do so by changing locks or terminating utilities. Among reasons for eviction are nonpayment of rent, breaching the terms of the contract, causing a serious and continuous health hazard or damages to the premises, or holdover tenancy. You cannot be evicted if the action is intended as retaliation for an attempt to enforce rights under the lease or for an otherwise lawful act during tenancy, such as seeking compliance with local, state or federal health and safety standards. ALWAYS consult legal counsel if confronted with eviction proceedings. Court appearances may be required, and you could lose a case by default if you fail to respond properly.

Post by **Oscar Namechange** » Mon Sep 07, 2009 5:43 pm

Do you have a citizens advice Beauru as we have here?

If I put myself in your position, I think I would be tempted to draft a letter (copied of course) informing him that you feel he has taken advantage of you and in the circumstances, you are forced to remain in the apartment until you are able to save enough for a deposit elsewhere. Point out that if he drops the ridiculous claim you will resort to your original offer.

Post by **spot** » Mon Sep 07, 2009 5:46 pm

Does "no rent receipts" mean you paid him in cash at any stage? That'd be really hard to account for at the court hearing on the 24th, the judge will be left to rely on whatever records the landlord produces. Presumably that's part of the extra $3500 you're being asked for. Another part might be covering whatever notice period he claims. Is there a rental agreement and do you have a copy?

Have you drawn up a list of assets and liabilities to see how negative your position is? I know from experience it's a tough mental step to take but it makes a lot of difference to making a reasoned decision. See whether you can project it into the next six months too, with estimated income and probable costs. It'll show you whether there's any light at the end of the tunnel.

Maybe someone here has gone through filing for bankruptcy who can tell you what consequences they found. If so they might prefer to PM you their story rather than post it openly.

CARLA · Post by **CARLA** » Mon Sep 07, 2009 7:41 pm

Once he has those court paper filed they will have a sheriff come out to serve you if your there, if you aren't they will place a lock box on the door all your belongs become theres. If your smart get your stuff out now and stay till they lock you out with just what you need to stay there. The process takes about a month or more to complete and has to be done by the book. Just because he is asking for $5,000.00 doesn't mean the court will grant him that. They do tack on eviction fee.

How old is your daughter. There are law about putting children out in the streets. Get in touch with your house authorities in your area. Free legal aid would be good contact to make as well.

If you paid by check or money order that is as good as any receipt. If you gave him cash you should have asked for a receipt.

mikeinie · Post by **mikeinie** » Tue Sep 08, 2009 3:51 am

I donâ€™t have any advice, but I am very sorry for your trouble. Nothing is worse that the feeling that you cannot keep up with payments, even to the point of possible losing the place where you live. My heart goes out to you. Good luck.

You landlord sounds like an ass.

quatuxspi · Post by **quatuxspi** » Wed Sep 30, 2009 7:17 pm

I have read your topic. What's useful innformation for my job.

I do agree with you. Those are the most effective way

have a blessed day

gmc · Post by **gmc** » Thu Oct 01, 2009 1:54 am

Don't know the legalities in the states-here yo cod get a legaL aid lawyer to help you. There must be an equivalent in the states i would have thought.

That you were paying him cash and have no rent book does suggest he is fiddling his taxes-if you have no rent book how can he prove you haven't paid him? It sound like he's just trying to take advantage of you believing there is no way you can defend yourself. Talk to a lawyer the decent ones will at least listen and perhaps point you to someone who would be prepared to help even if they won't.

lou lou belle · Post by **lou lou belle** » Thu Oct 01, 2009 7:12 am

Mariposa Traicionera;1239345 wrote: I'm too embarrassed to discuss this with anyone I know IRL, and too broke to discuss it with an attorney.

I live in Michigan, where I rent an upper flat with a month to month lease. Within the past couple months I have fallen behind in my rent. I am currently a little under $1400 behind on my $500 a month rent. The rent is due on the 20th, so if I am still here I'll be almost $1900 behind. Last Monday I told the landlord I'd be out in 2 weeks, that he could keep my $500 security deposit, and asked if he would accept $50 a month until he is paid off. He said he would have to file for eviction with the court. When I got the notice to appear on the 24th, it said that he is also suing me for $5000. That's more than 3 times what I owe him, when you figure in the security deposit I was letting him keep.

Here's my predicament. I don't want to say or do anything hasty, but I feel like he doublecrossed me. I have no rent receipts because I always trusted him. So, I'm considering staying here after the time I told him I would leave. My daughter and I were going to have to stay in a motel temporarily, but now I wonder if I should save the money in order to file for bankruptcy(I also have huge medical bills, which is part of the reason I fell behind). WWYD?

If I was in your situation, I would not pay him anymore money, especially as you are going to file for bankruptcy. Use whatever money you have left to pay for you and your child to get through the next few weeks.

You did,nt say whether you are working, as you still can file for bankruptcy and be in employment.

I think you should put yourself first, the landlord has lost out on a few thousand, and lets face it he wont want to go to court when you are bankcrupt.

I hope it works out for you and your daughter, just put this down as a blip in your life and then you can move on from here.