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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))
I hope everything works out for you and your wife (and Mr. X for that matter)
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'.
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.
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.
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...
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.
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 ?
I doubt it,,,
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.
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