Trespasser
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Trespasser (by Susan [MI]) Nov 28, 2022 8:39 AM
       Trespasser (by S i d [MO]) Nov 28, 2022 10:09 AM
       Trespasser (by Robert,OntarioCanada [ON]) Nov 28, 2022 10:11 AM
       Trespasser (by Robin [WI]) Nov 28, 2022 10:29 AM
       Trespasser (by Robin [WI]) Nov 28, 2022 10:31 AM
       Trespasser (by Vee [OH]) Nov 28, 2022 10:39 AM
       Trespasser (by Ray-N-Pa [PA]) Nov 28, 2022 2:28 PM
       Trespasser (by MC [PA]) Nov 28, 2022 3:21 PM
       Trespasser (by Chris [VA]) Nov 29, 2022 4:36 AM
       Trespasser (by John... [MI]) Nov 29, 2022 8:28 AM
       Trespasser (by mike [CA]) Nov 29, 2022 4:35 PM

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Trespasser (by Susan [MI]) Posted on: Nov 28, 2022 8:39 AM
Message:

State Specific Question About: MICHIGAN (MI)

I rented to a single man (divorced). He died. His x wife called and told me. His rent is paid until 12/1. I am getting the impression she has moved in. How do I get her out. Call police? --73.156.x.xxx




Trespasser (by S i d [MO]) Posted on: Nov 28, 2022 10:09 AM
Message:

Susan,

You need more than an impression; you need factual evidence. Police don't typically get involved in LL/T disputes unless there is illegal activity going on. All of us have heard this dreaded phrase, "It's a civil matter." That means you'd have to sue him if in fact you can prove he let her move in without your consent.

Tips to get evidence:

1) Drive by a few times. Any different cars parked there regularly than his? Take pictures. Log license plates, date, and times. This gets cumbersome and tedious, but I'd at least check in a few times before proceeding to Step 2.

2) Schedule a maintenance visit. Is she there? Introduce yourself. Do a little small talk. Find out what's going on. Ask her where she lives, and if she says, "Here".... well, then... gift from the horse's mouth!

But here's something important to consider: at the end of the day, what's your goal? Do you not like the guy and want him to leave? Is she doing any damages? Does her presence give you the opportunity to add her to the lease and possible have more household income to ensure the rent gets paid and/or to garnishee her income if things go south?

Hear me please: I'm not saying I like it when tenants flout the rules, but sometimes their flouting can be used to our advantage. If that doesn't apply and she's just causing problems, then just evict and get them both out ASAP. I say "both" because if you evict one but not the other, your problem will just continue because she'll (or he'll) be back the day after the court orders eviction, but they'll be smarter and make it harder for you to catch them.

--184.4.xx.xx




Trespasser (by Robert,OntarioCanada [ON]) Posted on: Nov 28, 2022 10:11 AM
Message:

Do not accept rent where start the eviction by serving papers that rent is to be paid. More then likely they ride out eviction where the longer will wait the worse the rent arrears will be. What the reality is there is a squatter in the rental unit not a trespessar. Consider contacting a landlords associaiton where get legal advise. Google to find a landlords association. Best to go to the legal means then it is done where squatter has no legal action once out. --68.69.xxx.xxx




Trespasser (by Robin [WI]) Posted on: Nov 28, 2022 10:29 AM
Message:

Here's what I would do. Post a notice of abandonment on the door. Take a picture of it. Wait the period specified. Change the locks, preferably while she's out. Empty the house, store belongings for the required time, and re-rent ASAP. Preferably to a big, beefy guy with lots of tattoos. --104.230.xxx.xxx




Trespasser (by Robin [WI]) Posted on: Nov 28, 2022 10:31 AM
Message:

If you go Sid's route, DON'T ask "where do you live". Ask "When did you move in?" That will give you a more truthful response. (credit to the book on FBI interrogation techniques that I read last year)

--104.230.xxx.xxx




Trespasser (by Vee [OH]) Posted on: Nov 28, 2022 10:39 AM
Message:

If your lease holder passed away, the coroner typically seals the door. Have you contacted the coroner to find out who is the executor, this person will be responsible for expenses (paying Dec rent) and removing the belongings, have you researched the funeral arrangements? Just getting notice from ex-wife is not legal, in most places you have to change locks and keep contents secure from looters. --76.190.xxx.xxx




Trespasser (by Ray-N-Pa [PA]) Posted on: Nov 28, 2022 2:28 PM
Message:

You have an obligation to safe guard your property along with his property. Your paper trail says he only lives there - so I would take that angle and change the locks to safe guard his items.

If you get a call from someone upset, you will no longer have an impression....and you will have an opportunity to get your paperwork in order pronto --24.101.xxx.xxx




Trespasser (by MC [PA]) Posted on: Nov 28, 2022 3:21 PM
Message:

You need more than an impression as stated above. Get your facts in order so you know how to proceed. Have a game plan based on the different scenarios. For example, is she there because she is clearing the apt, living there or not even there? Post the door and see what happens. Just so you are aware, you are not supposed to keep utilities on in a deceased person's name. --73.230.xxx.xx




Trespasser (by Chris [VA]) Posted on: Nov 29, 2022 4:36 AM
Message:

Robin, what is the title of that book? I'd like to read it.

Reminds me of my method of talking with potential renters: "Do you smoke inside or outside?" --71.246.xxx.xxx




Trespasser (by John... [MI]) Posted on: Nov 29, 2022 8:28 AM
Message:

For Michigan, I'd do what Robin said. Michigan law is pretty easy with the abandonment part. Post a letter saying that you believe it to be abandoned with a way for them to say otherwise (phone call, sign it, whatever). Go back after a week or so. If nothing has been done and it is still there, take another photo and change the locks.

--67.209.xxx.xx




Trespasser (by mike [CA]) Posted on: Nov 29, 2022 4:35 PM
Message:

the tenancy died when he did, but i got five bucks says your obligation to safeguard the stuff didn't. RayN Pa is right...you have an affirmative obligation to secure and preserve his stuff. right now you have no reason not to act to do that. i'd change the locks and post a memo instructing anyone with a claim on his possessions to contact you to. as a practical matter i'd want some sort of official document before i gave his stuff to ANYONE. if the EX hauls out his stuff what about any other heirs with claims to it? as i think about it this could be a real steaming pile! i'd definitely lock the place up tight and await the executors call. just as the tenancy dies when a house burns down the tenancy died when he did. unless you KNOW the ex has taken up residence you have all the rights to start the haul out and preservation of his stuff. --75.80.xx.xx



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