fastest way evict someone who abandoned rental but has junk in it

11 Replies

I have a unique nightmare she was told she will have to move of I don't get rent, she begged me to wait till aid agencies helped her, then I started getting aid workers from private agencies calling me, showing up to help her, this dragged on for 45 days and every time I questioned her about it, she had more help. Come to find out she lied to them all and played with them tried to defraud them and they all fled her. 

I found out she has not had electricity in 3 months, has the gas turned off, and winter is coming at us fast here in Northern Michigan. The only Landlord tenant lawyers near us want $300 minimum to say hello and hint at hours and hours to work through this.

Since she has not been in that Unit in over 3 months and lives with her boyfriend now full time, what is my recourse to get her officially evicted.
In talking to the court Landlord tenant office they said if I have "reason knowledge" that she has not been there in 3 months or even less i can take possession if she has no person items there. That advice all be it not legal sounds shaky.

Does anyone know how I can get possession without exposing myself legally?

HELP!!!!

Listen to what the court Landlord tenant office has said.  Go into the unit, check to see if she has left anything behind.

It would appear since power and gas is off, the unit has been abandoned.

If you still remain hinky about all of this, you can go through the motions of filing just to "cover all bases".

Gail

Not legal advice!!!

It sounds like you know where she is or how to contact her?  Get her to sign a letter saying she has abandoned the property and anything left behind.  This is what we were advised to do and did and are now getting ready to re-rent.  I would have rather had the 2 months rent we lost, because the tenant took anything that could have been resold to recoup any of the lost rent.

Does your tenant landlord law mention abandonment?  Do you have room in your garage or somewhere cheap to store any remaining belongings?

I'd enter and assess.  Take a lot of photos.

If it is empty, document the events for your records and move on.  If there is still property there, follow the abandonment rules, which in our state is to post for abandonment for awhile.  Store the belongings for six months or so to be on the safe side.

I'd try to do it without lawyers or an eviction.

I've had the same issue. I'm sure state laws vary but in AZ whatever is abandoned for 30 days is now your property

In my state, the unit is considered abandoned if the tenant is gone for more than 15 days and owes rent. From what I've read, you can do something similar in Michigan but I recommend talking to an expert first.

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I would pay a consultation fee to a lawyer so that you can learn the proper steps to take for your particular situation. Then file he correct papers that your lawyer advises and legally get rid of the tenant. It sounds like you will probably will not need to hire a lawyer to represent you in court.
I would also work on getting the heat turned on before winter comes to prevent the pipes from bursting.

Also in my area you can sign up for a landlord notice with gas and electricity so that if the tenant does not pay the bill you will be notified. Check and see if you can sign up for this so that in the future this will not happen again without you being aware of it.

download your state landlord tenant laws, You can file evictions for several causes, non-payment of rent, failure to maintain utilities, contact your county housing court and figure out what's needed to file yourself.. If you want to hire a attorney you can but this is basic.. 

In Michigan, with utilities off, I would just say get a communication signed saying she has abandoned/terminated residency. You have more to lose if this drags out and you get damage because heat is off.

If they gave you the keys (or left them for you), you can clean it out.  OR

You check and see if there are any valuables left--something more than junk and trash.  And, make sure the following are also gone:  clothing, toiletries, food, beds--anything that someone might use to live with.  And, check to see if the utilities have been shut off.  If you have any inclination that someone might still be there, you're only choice is to start the eviction process.

If they didn't pay the rent when they left, you can use a Demand for Possession, Non-Payment of Rent (7 day notice, plus 2 for mailing).  If there is no rent due, you'll need to use a Notice to Quit, Termination of Tenancy (30 day notice, plus 2 for mailing).  (You could ask for an immediate writ to avoid the delayed time given for the tenants to move.)

Note:  Most apartment communities/property management companies will go the eviction route to avoid any backlash.

Last:  I'm not an attorney and this isn't legal advice--just sharing : )

I don't know where she is, she is hiding from people probably owes many, her SUV was repo'd she was arrested for drugs, I was told by very reliable sources, but she is hiding .

Okay the court told me about the little known abandonment part of the law but it is sketchy at best. There is no line in the sand rule, if her tooth brush is there she might claim I broke in Blah Blah. 

I am going in with someone tomorrow and taking a video camera to video us going in and inspecting I think and unbroken video will back me up when a witness is also there.

She has a long history of people hunting for her defrauding people, you name it, I am now told. It is amazing how people say nothing till you get screwed over when they knew for years this idiot was a professional scum bag.

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