Landlord Bankrupt- Tenant Owing Money&Eviction

[funder]

What is the name of your state? MI

My younger relative has filed bankruptcy (Ch7) which was discharged as of 1/30/07. House is a two-unit and she occupies upper. Lower rented by lease at $275 bi-weekly until July 6, 2007.

Relative has until July 18, 2007 to vacate premises, which are in very good condition (with unknown exception of lower rented apt). Renter has stopped paying rent and is now $1,775 plus late charges behind. Young relative is paying some of renter's untilities.

The renter has someone pick up the mail, but seems to never be around. Obviously comes when landlord is at work. LL sent letter of eviction to the renter at the apartment. I believe a mistake was made in how it was sent. She used the correct form which gave her 30 days to vacate apartment which will be up May 24th. She mailed the letter regular mail.....and has a receipt showing she mailed letter to the renter. I don't believe it was certified/return receipt requeested. (And perhaps the mistake)

Relative went to court thinking the 30 days is up and to see what next step was.... and was advised that posting the letter to renter's door would null any charges owed. How can she get this woman to vacate the lower apartment? She does have one month deposit in a bank account. Any correct information appreciated. Thank you so much. Funder

 

[Cvillecpm]

Who owns the property NOW? Why does she care if she has to leave in less than 2 months?

 

[HomeGuru]

What is the name of your state? MI

My younger relative has filed bankruptcy (Ch7) which was discharged as of 1/30/07. House is a two-unit and she occupies upper. Lower rented by lease at $275 bi-weekly until July 6, 2007.

Relative has until July 18, 2007 to vacate premises, which are in very good condition (with unknown exception of lower rented apt). Renter has stopped paying rent and is now $1,775 plus late charges behind. Young relative is paying some of renter's untilities.

The renter has someone pick up the mail, but seems to never be around. Obviously comes when landlord is at work. LL sent letter of eviction to the renter at the apartment. I believe a mistake was made in how it was sent. She used the correct form which gave her 30 days to vacate apartment which will be up May 24th. She mailed the letter regular mail.....and has a receipt showing she mailed letter to the renter. I don't believe it was certified/return receipt requeested. (And perhaps the mistake)

Relative went to court thinking the 30 days is up and to see what next step was.... and was advised that posting the letter to renter's door would null any charges owed. How can she get this woman to vacate the lower apartment? She does have one month deposit in a bank account. Any correct information appreciated. Thank you so much. Funder

**A: why doesn't relative actually read the MI landlord tenant law instead of asking you?

 

[funder]

Cvillecpm :She cares because the renter owes her (landlord) for rent, they have a lease which runs to July 7. Landlord has been paying part of her (renter's utilities). The renter should not be allowed to live rent free. The landlord/owner will be vacating the house in July, but her renter owes rent for 3 or 4 months, that's why she's interested. I know this is complicated.. The renter is getting money from welfare and this does not allow one to give the landlord the shaft.

Homeguru- Thanks for nuttin'. It would have been better for you not to comment. I always try to be nice when posting here.

Funder

 

[Cvillecpm]

Forget housing/eviction court - sue tenant in Small Claims and landlord/owner needs to be able to prove she is entitled to any money otherwise it may go to the BK to cover debts.

Since landlord won't own the property in several months, spending time and energy on getting tenant removed is self-defeating.....tenant knows they will have to deal with a new landlord soon enough.

 

[LindaP777]

Has the owner, your friend, continued to make the mortgage payments?
Wouldn't it be just a teeny bit ironic, that the landlord is complaining that the tenant hasn't paid rent, if he hasn't paid the mortgage? (How dare the tenant leave him holding the bag! Opps! He's left the bank holding the bag!)

There is a good chance the tenant will have to move if the property was listed in the bankruptcy. I'm guessing he may be saving his rent to help pay for his moving expenses.

If your friend feels he is in the right, he needs to serve the eviction notice properly and have a judge decide on this matter.

 

[ADBunting]

OK, your post was confusing as to what you need to know.

First, what exactly are you asking a question about?

Why would your relative care about anyone's default or conditions of their premises?

>>>Relative went to court thinking the 30 days is up and to see what next step was.... >>>and was advised that posting the letter to renter's door would null any charges owed.

WHY would your relative be responsible for someone else vacating an apartment?

We're missing some important information in order to answer your questions.

I'm confused.

April