RHOL.ORG :: Tenant-Screening

I have a friend in a HORRIBLE situation. Her and her husband were renting a home from the husbands parents - verbal agreement only - nothing in writing. They have been their for years. Husband and wife are getting a divorce (husband is cheating on wife with wifes best friend). Inlaws send an eviction notice (60 day) to both husband and wife. Wifes lawyers tells her not to move, he can not evict without legal assistance. Inlaw states if she doesn't move he will change the locks, she does not want her children to view a fight with grandpa so she moves out of her home (one day late, but left items in home for 13 days - husband was not cooperating or helping move items out) so...father-in-law is now suing her for the 13 extra days she left her items and all of his legal fees and damages. First...I think the items are community property with husband - but husband is not being sued, and he did end up changing the locks without legal assistance (I belive that is against the law?). Husband never moved out, claimed he was staying to fix house up so parents could sell. Ends up staying and moving in her best friend while she is living in her parents two bedroom home with her three children. She does not have money to pay for attorney on this and is representing herself. Father in law has failed to show twice, was fined $300 on second failure so she thinks he will show next week. Any advice?

Reply To This Message | Quote This Message | Report This Message

Re: Eviction from Father-in-law

Posted by: Ed

Date: October 14, 2005 10:50:41 PM

I'm not sure what you're asking. She moved out, inlaws are suing her. Show up to court, explain the situation and move on with her life. She certainly could have considered a wrongful eviction, but why bother at this point. She'll be a lot better off if she keeps her appt. in court and simply moves on with her life. It sounds like the worse case is she has to pay 13 days rent. If that happens, she can turn around and sue her husband for 1/2.

Reply To This Message | Quote This Message | Report This Message

Re: Eviction from Father-in-law

Posted by: mlr

Date: October 15, 2005 08:16:43 PM

I am not sure in which state she resides. The divorce proceedings are separate from her eviction. In MI, all she needs is a 30 day notice from the LL that he is not renewing the lease and she must be out. Yes ... she would be responsible for the 13 days since the things she was talking are hers after the dissolution of her marriage. From what you say, hers is truly a sorry situation, but when you sleep with dogs....! Unfortunately, her best friend was also a dog. I see nothing in the story that will keep her from being responsible for the charges. She should check with her employer ... some have legal assistance for their employees or she can check with legal aid. Legal aid is not the best representation because they are usually new attorneys without a great deal of experience, but if she has no money to pay for an attorney, it is the most she can hope for. She needs to get the child support order moving as quickly as possible as well as the divroce proceedings. Legal aid is usually charged on an "as you can pay" basis. I wish her luck.