No certificate of occupancy tenants trying not to get judgement

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No certificate of occupancy tenants trying not to get judgement

Cynthia Miller
Dearborn, MI · Member since 2017 · 72 posts · 19 votes

Having a hell of a time with the Detroit rentals.  I've been trying to evict a tenant for 5 months! I've never seen a city offer free legal aid attorneys at the court house and allow tenants to delay proceedings if they do not have a FREE lawyer!

Now the tenants have delayed the hearing again for 10 days because their legal aid lawyer is out of town! I've never seen anything like this! Other places you have to pay an attorney to try to stall a hearing, that discourages people and you don't get delays if you don't have one by the court date.  Are there any other states or cities that do this? Just have legal aid free and waiting at the court house like a public defender and not allow the case to go forward if tenant request one?

The tenants have recently called the city to complain that the house doesn't have a certificate of occupancy. I wasn't aware rentals in Detroit needed an inspection unless purchased from land bank? I've asked several people who said you don't but the city who issued a citation thanks to the tenants, say you need an inspection before renting?

I've done a little digging and it looks like the tenants who  know their time is coming are trying to get out of a judgement by stating that the house doesn't have a certificate of occupancy.

Anyone know how to get around this or to defend against it? So far the tenants owe $4,000 and i paid extra for the judgement filing. They've changed the locks and the boyfriend has been aggressive and I can't even get into the house to do the inspection at this point.

These tenants are really professionals they know all the tricks to get free rent, delays and avoid a judgement at the end. 

I've about head it with Detroit. They reward the deadbeats.

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  • Frank Chin
    Investor · Bayside, NY · Member since 2017 · 1k+ posts · 1k+ votes
    9y

    I see that the tenant has a lawyer but you never mentioned about yours. So you're doing this without one?

    I hired an attorney for evictions a while back, who used to be a legal aid lawyer here in NYC, handling evictions, and knows all the tricks. The trick is to stall, stall and stall. He knows how many times he can use one excuse before a certain judge, before he have to switch to another. For instance, the tenant is sick is good for 2 postponements.

    As to the issue of no C/O, have you checked it out? Here in NYC, there are some building violations so severe that it requires the immediate removal of the tenant, I think they call it emergency dispossess, and no C/O is one of them. It short circuits an eviction. The buildings department will lock the tenant out. They did it to one of my neighbors, and the tenant came home, the place had notices on the door and yellow police tape all over.

    I'm told years ago when you play around with a professional tenant, you lose. The money you lost in rent so far you could've spend on an attorney, or cash for keys.

    During one of my evictions, my attorney found one of my units had no C/O. He knew if the tenant had an attorney, that's the first thing they check for. I was evicting two roommates, and he knew that would be a problem. So he arranged one roommate to vacate, and when the one gives notice, I can legally lock out the other one, since the lease allows the tenants to act for one another. The problem with using the no C/O route you might cause problems for yourself.

    My suggestion is use an attorney who knows the local customs or your tenant will have you running in circles.

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  • Matt Souza
    Investor · Ann Arbor, MI · Member since 2016 · 69 posts · 38 votes
    9y
    Hi Cynthia Miller , First off, I empathize with your situation. Evicting a tenant is a tough process but one we all need to come to grips with as managers of our properties. As suggested, I would get a lawyer yourself. Michigan laws are very clear and easy to follow regarding evictions. If the law is followed to the letter, which it should be, evictions rarely take more than two months. It sounds to me like these tenants are smart, you need to be smarter. Secondly, I see you commenting on a lot of posts bashing Detroit. I realize you have a reason to be upset with the city and a few of its residents, but please do not put that on other people. There are a lot of investing opportunities in the city and metro area, I have seen success first hand. A true professional takes responsibility for their actions, they do not make sweeping, negative generalizations about a few hundred thousand people because of one problem they had. All the best.
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  • Cynthia Miller
    OP
    Dearborn, MI · Member since 2017 · 72 posts · 19 votes
    9y

    @ Matt Souza, I'm not bashing Detroit and I did have a lawyer. People have posted asking questions and I'm giving them my experience in the city. Why put blinders on?   Its not only a few of it's residents. I got in long before Detroit was making it's "come back" and it's just been one problem after the next. Not only with the tenants but dealing with the cities bureaucracy and trying to find decent workers to fix up the houses. I can write a long journal on things I have experienced and had do deal with.  When the economy went bad most people with any ambition or skills left. 

    I noticed your in Ann Arbor. That's a whole different world than Detroit. Do you own property in Detroit? You said you had 1st hand experience, I'm curious which neighborhoods your investing in.  Mine are on the Westside.  There are a few small pockets in the city that are up and coming,  such as midtown,  but the prices in those neighborhoods reflect that.

    There are reasons why a lof of investors are sitting on the sidelines and not jumping in when they can buy houses for pennies on the dollar. 

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  • Cynthia Miller
    OP
    Dearborn, MI · Member since 2017 · 72 posts · 19 votes
    9y

    @ Frank  Chin, sound like you have a good attorney. I did hire an attorney. This is obviously not the 1st time these tenants have done this. The are professional at it.  They're goal was to get in and not pay.  They moved in and 2nd month did not pay and haven't paid since.  Your right Stall, Stall, Stall. That's exactly whats what they do to get as much free rent as possible then move on and do it again at the next place.

    I think it was a certificate of compliance, I get the 2 mixed up. Its the rental inspection not the after permit one. I just found out from the attorney when the tenant showed up in court with the citation.  I was always told that there were no inspections in Detroit unless  you bought the house from the land bank. I'm sure the tenants called in the complaint themselves.  I think they are trying to get out of the judgement. 

    Next time i'm just going to do cash for keys but I wonder if some of these professional tenants will take it when they know they can just stay several months for free? 

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