Sublet Rights

[Reincarnated]

What is the name of your state (only U.S. law)? Michigan

Can anyone please offer advice as to my legal options? I entered into a written agreement to sublet an apartment for a defined period of time (2 months). I agreed to take possession of the apartment until January 13, 2009. I paid a deposit and we worked out an agreement to pay the rest. The sublettor told me that she would be out of the country and would not return to the apartment until January 13, 2009, as per our written agreement. Well, she returned to the apartment on January 2, 2009 and demanded to stay the night when I demanded that she leave until January 13, 2009. I had no where to go and was forced to sleep in a studio apartment with this nut. What laws apply here with regard to landlord/tenant? She is in essence the landlord and I am tenant if I paid to rent the apartment while she was out of the country. She harrassed me to stay in the apartment one night, and thereby invaded my privacy and converted possession. I felt "kidnapped" into staying with her. She is a complete stranger and I didn't want her there. It would have gotten very nasty if I had not kept the peace by allowing her to have her way. I was extremely uncomfortable all night. That's like a landlord taking possession from a tenant without going to court. What can I do about that one night. She has since left until January 13th. (HOPEFULLY!) I am uncomfortable and wish to leave, but my apartment won't be ready until January 13.

 

[Reincarnated]

No Replies?

After receiving no replies to my post, I'm wondering if you are thinking there's more to the story because after reading my post, I realize it may sound fishy because you're thinking I'm male and the sublettor is female. BUT I'M FEMALE TOO! Why no replies?

 

[Gail in Georgia]

I've been wondering what you think you deserve and can get out of this event?

Gail

 

[Zigner]

What did the police say when you called them about the trespasser in your home?

Oh yeah - you agreed to let her stay.


What would you like to have happen?

 

[Reincarnated]

Tort Claims

I did speak with a police officer about this incident. After he said there was nothing that he could do, that's it's a civil matter, I let her have her way for peace sake. What could I have done? Physically kick her out and then get arrested for battery? There was no way to win in that situation if the police claimed they not do anything. The lease is in her name and I'm listed as an occupant. However, we have a separate written agreement as to when that nut could re-occupy the apartment (on January 13). Tort claims such as harrassment, invasion of privacy, intentional infliction of emotional distress and conversion apply here...I would think. I plan to sue her for damages and hope the outcome will be that she owes me money instead of me owing her. I'm sure the court will grant damages to some extent because any reasonable person would be highly offended by the act of being forced to spend a night with a complete stranger. She used her key to walk right in without my permission or consent. I was shocked and frightened too. She became very angry when I insisted that she go to the nearest hotel. I did the right thing to keep myself out of jail and off the streets with my two small children by allowing her to stay without any confrontation on my part. I should be able to punish her outrageous actions in court.

 

[Mrs. D]

Well, sounds like you have all the answers (that you want to hear). Good luck finding an ambulance-chaser to represent you.