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We served eviction notice on a friend today...your thoughts

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posted on Mar, 17 2017 @ 01:19 PM
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A little background first. I met my wife like 5 years ago. I was renting a a place and she owned a home not far from me in the same town. She lived upstairs and rented the downstairs to a guy we will call Mr.x.

Now it turns out I knew Mr. x socially For a couple years prior to meeting my wife. Mr x was married and owned the home. Got divorced, kept the house but was in foreclosure 12 years ago. My now wife bought it, It is no secret they had relationship but not for a long time.

So fast forward.. we are all still friends. My wife owns the house and has told him many times he needs to do something. He does not pay rent timely. The rent is a no profit situation.

The last straw was last week, we had the big wind storm for 2 days. He said he was going to damage the house to make an insurance claim and split the money with us???

He thinks he owns the house. He does not. He has lived there 17 years but hasnt owned it for 12.

We need to get out of the bank loan before we retire. The rent does not produce profit.

We served him papers today and it went pretty well... right up until we said we would get the housed assessed for its value. (he did say he would not move out though) at which time he said "good luck with that."

My question to anybody that rents homes out is what can he do short of destroying the home and if that happens what do you do?

I feel bad because he has lived there 17 years but ffs, has had 12 years to buy it...




posted on Mar, 17 2017 @ 01:30 PM
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Do you have a lease with the tenant? A security deposit? In many states damages are recoverable via wage garnishment. Not sure about Michigan.

Here's a PDF download for the Practical Guide for Tenants and Landlords prepared by the Michigan Legislature.

Good luck.



posted on Mar, 17 2017 @ 01:35 PM
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no lease, just month to month. not going for any money at this point. Thanks for the link though I will look at it, I have probably read it though as we are not professional landlords.



posted on Mar, 17 2017 @ 01:36 PM
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a reply to: tinner07

Based on a preliminary search, it doesn't appear that Michigan has a specific statute addressing what happens if a tenant intentionally damages your property, but there is a case this website cites




Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No statute, but case law mandates that the landlord make an effort. (Fox v. Roethlisberger, 85 N.W.2d 73 (Mich. 1957), Froling v. Bishoff, 252 N.W.2d 832 (Mich. Ct. App); Jefferson Development Company v Heritage Cleaners, 311 N.W.2d 426 (Mich. App. 1981))


www.landlordology.com..." target="_blank" class="postlink" rel="nofollow"> www.landlordology.com...

I hope everything works out for you and your wife (and Mr. X for that matter)



posted on Mar, 17 2017 @ 01:46 PM
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Sorry to hear of your situation. Why is it that 'friends' are always the ones who intentionally try to hurt you?

First thing is to notify the police of the 'plot'. God forbid if this guy goes through with it and gets caught, if he states he discussed this with you, that makes you guilty of 'conspiring to commit insurance fraud'.
Next, I would notify the insurance company. I can GUARANTEE they can provide resources to get this guy out fast, all while making you look like you have nothing to do with it.



posted on Mar, 17 2017 @ 01:56 PM
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a reply to: FamCore




I hope everything works out for you and your wife (and Mr. X for that matter)


well me too.. mostly for our friend. We will be fine.

I just hope he does not destroy the house.

I feel bad because he has lived there for 17 years and probably does feel like "his" house. but it is not.



posted on Mar, 17 2017 @ 01:57 PM
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a reply to: tinner07

The owner has claim on the insurance and the use. Tell him to pack and keep being a friend. His responsibility to carry renters insurance. You are not his insurance company.
edit on 17-3-2017 by DayAfterTomorrow because: (no reason given)



posted on Mar, 17 2017 @ 02:00 PM
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a reply to: Brian4real




First thing is to notify the police of the 'plot'. God forbid if this guy goes through with it and gets caught, if he states he discussed this with you, that makes you guilty of 'conspiring to commit insurance fraud'.


Thanks for the advice. I assure you we will be not admitting any insurance claim due to high winds.... the thing is, he doesnt have insurance.... we do. What makes him think he will gain financially from damaging the property unless he is somewhat delusional?

I am curious though if insurance covers damages from renters?



posted on Mar, 17 2017 @ 02:04 PM
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a reply to: DayAfterTomorrow




The owner has claim on the insurance and the use. Tell him to pack and keep being a friend. His responsibility to carry renters insurance. You are not his insurance company.


Well hopefully we can be friends in the end. The insurance thing was laughable. well laughable if he wansnt serious. Pretty sure she told him f you on that....



posted on Mar, 17 2017 @ 02:16 PM
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Unless his damages are criminal in nature (i.e., arson), you will have little recourse.

You can sue, but all you will likely get is a judgement that would easily be discharged with bankruptcy.

Just don't accept any money from him. Once you do, you have to restart the process. Be firm. ANd call the cops if you witness damage occuring.



posted on Mar, 17 2017 @ 02:24 PM
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I was involved in real estate for many years and have owned both commercial and residential. I stopped doing residential years before I ever got out of the business because of these type of situations. I am afraid you will have a difficult time getting rid of the tenant without a good lawyer. Always remember that friendship is generally one-sided in a business deal or partnership. Personally, I would not think twice about evicting someone who has taken advantage of a friendship.

If you find yourself "stuck" with this guy and no other way out you can try the "Defcon 3" plan. You call the authorities and tell them you believe he has a gun and is threatening to burn the house and commit suicide because you asked him to move....when they take him for observation you change the locks and put his stuff on the curb. I am not advocating this but we always joked that it was the final option when dealing with the unhinged or criminal squatter.



posted on Mar, 17 2017 @ 02:45 PM
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a reply to: tinner07

In order for him to make a storm damage claim implies he is paying the insurance. Does he pay for the insurance on the house ? Did he have a previous policy on the house which he has maintained since defaulting when your Wife purchased it ? In some locales it can be hard to evict a tenant who can prove a relationship as far as an agreement, its his word against yours and it can take lots of money as far as legal fees and everything must be done according to local laws both state and city and in some cases even county laws. I would have the Sheriff serve the eviction notice which would be duly registered in the local courts at which time the clock starts ticking as to when he must vacate or challenge in court.



posted on Mar, 17 2017 @ 02:47 PM
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I take it you don't have a signed agreement for his tenancy stating how much rent and when to pay it. But by the same token HE has not got a written agreement with you, so no proof on his part to a legal tenancy.
Wait for him to go out, change the locks and when he tries to get back in call the police and say he was squatting in your property and to move him on.
Is it the same in America, possession is 9 tenths of the law. ie. if your in possession of your property it's up to him to try and get access back, but with you in the property with legal title and him with no written contract, he's on a hiding to nothing.



posted on Mar, 17 2017 @ 03:10 PM
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a reply to: bigfatfurrytexan




Just don't accept any money from him. Once you do, you have to restart the process. Be firm. ANd call the cops if you witness damage occuring.


I was wondering about that... we are new to this. I doubt I will witness any damage being done, only after the fact...



posted on Mar, 17 2017 @ 03:11 PM
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originally posted by: tinner07
a reply to: bigfatfurrytexan




Just don't accept any money from him. Once you do, you have to restart the process. Be firm. ANd call the cops if you witness damage occuring.


I was wondering about that... we are new to this. I doubt I will witness any damage being done, only after the fact...


Hearing it could be witnessing as well.



posted on Mar, 17 2017 @ 03:14 PM
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a reply to: crayzeed




I take it you don't have a signed agreement for his tenancy stating how much rent and when to pay it. But by the same token HE has not got a written agreement with you, so no proof on his part to a legal tenancy. Wait for him to go out, change the locks and when he tries to get back in call the police and say he was squatting in your property and to move him on.


no we cannot do that..there are laws.... he does have rights. he has occupancy. Not to say as the landlord I could not take off the front door for repairs... for a couple days..

but he has an oral lease, month to month is all..



posted on Mar, 17 2017 @ 03:16 PM
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I had an ungrateful basement tenant myself years back. Let's call them Q to avoid gender specific pronouns entirely. Q moved in from another state to see a new person I know. The person I know was just getting back on their feet and they needed each other to get a place, because that person was living at their mothers house for the moment, thus Q could not live with this person yet. As anyone could expect, Q made no attempt to get a job or gain their independence. I even offered Q a job through a friend and rides to work for a month or two until they could save enough for their own car and insurance. That's when Q advised they applied for disability for "depression", was rejected and employed an attorney to appeal for a second application. I asked Q how they would get by on 800 dollars per month if they were approved to which they responded they intended to apply for Section 8. I advised Q that they wouldn't even make it in the lottery for section 8 for at least 3 years, but Q still insisted on not making any attempt to gain their independence. I let it go for the moment, but then only a week later Q snarked off to my 4 months pregnant wife. Big mistake and Q was out within a week.

So long story short -- get your wife pregnant and she will inevitably kick him out, forcefully if necessary. :-p
edit on 17-3-2017 by drewlander because: (no reason given)



posted on Mar, 17 2017 @ 03:23 PM
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a reply to: DJMSN




In order for him to make a storm damage claim implies he is paying the insurance. Does he pay for the insurance on the house ?

no he doesnt, that is what makes me laugh


Did he have a previous policy on the house which he has maintained since defaulting when your Wife purchased it
I doubt it,,,


In some locales it can be hard to evict a tenant who can prove a relationship as far as an agreement, its his word against yours and it can take lots of money as far as legal fees and everything must be done according to local laws both state and city and in some cases even county laws. I would have the Sheriff serve the eviction notice which would be duly registered in the local courts at which time the clock starts ticking as to when he must vacate or challenge in court.


there is no agreement in writing. The only thing in writing is my wifes name on the title to the house. She has made the payments for years. x pays when he can.



posted on Mar, 17 2017 @ 03:34 PM
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a reply to: drewlander




I had an ungrateful basement tenant myself years back. Let's call them Q to avoid gender specific pronouns entirely. Q moved in from another state to see a new person I know. The person I know was just getting back on their feet and they needed each other to get a place, because that person was living at their mothers house for the moment, thus Q could not live with this person yet. As anyone could expect, Q made no attempt to get a job or gain their independence. I even offered Q a job through a friend and rides to work for a month or two until they could save enough for their own car and insurance. That's when Q advised they applied for disability for "depression", was rejected and employed an attorney to appeal for a second application. I asked Q how they would get by on 800 dollars per month if they were approved to which they responded they intended to apply for Section 8. I advised Q that they wouldn't even make it in the lottery for section 8 for at least 3 years, but Q still insisted on not making any attempt to gain their independence. I let it go for the moment, but then only a week later Q snarked off to my 4 months pregnant wife. Big mistake and Q was out within a week. So long story short -- get your wife pregnant and she will inevitably kick him out, forcefully if necessary. :-p


wasnt sure what all to quote on this .. A he does not live in our basement...B)I kinda make more than 800 a month... and C) we are way beyond having kids....



posted on Mar, 17 2017 @ 03:44 PM
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a reply to: tinner07

No I meant Q was okay with making 800 scamming disability. My wife and I do much better than that.

I thought my wife and I were beyond having kids too. Guess I was wrong tho. My lil guy is the best thing that ever happened in my world.

Seriously tho, she served a 30 day notice and that ended the problem. Don't feel bad about it at all. Fact is we all need to be responsible for ourselves to some degree. If i were in your situation I'd have started to claim them as a dependant on my taxes! Twelve years is plenty of time for someone to get it together.




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