Eviction from Co-op

[abbey48]

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

My (ex) husband and I moved into this cooperative together in April of 2005(he purchased it for $55,000 and put an additional $20,000 in renovations into in prior to move-in). We were married in 1968 and divorced in 1973, however remained close friends (we have two sons) and began living together as husband and wife over ten years ago, not remarrying for mostly financial and health insurance reasons, as many seniors find necessary.

We moved into this unit together and I go by my maiden name, and both of our names were put on the mailbox over four years ago. I get a lot of mail in my married name, as well.

My husband was blind and had a heart condition. After two months hospitalization I returned home and after five days, he passed away unexpectedly (he was not expected to die for at least a few years). Nine days later I am mailed a "Notice to Quit-Landlord Tenant" for for the reason, "the owner has died and you do not have approval from the occupancy board to stay there."

I have been harassed, having an unfamiliar man come to my door about three weeks later asking me if I was ready to move out. I just said I was working on packing up my husband's belongings.

About a week later I received a phone call from someone identifying himself as Mr. Bab**** (the attorney named on the Notice to Quit). I told him actually I did want to move, as the constant reminder of my husband and our lives together here was making it hard to move forward from my grief, however it would take several more weeks to pack up 77 years of life and prepare the unit for rental (the by-laws were changed about a year ago to remove the age restriction and open the co-op to rentals). He kind of hemmed and hawed about this and when I said we planned to leave the furniture which was all new four years ago and possibly rent furnished to someone working at the renowned trauma hospital (Beaumont) which is only one mile up the street, he said something about we probably couldn't leave anything in the unit.

I have tried not to go on and on here, but obviously I am very upset. My son has been named executor of the estate, and their are three other heirs (his children). He stated in his will he approved my remaining here up to 18 months after his death.

30 days to the date of the original notice to quit an action was filed with the court, mailed to me two weeks later, allowing me less than one week to prepare for this hearing.

This Summons listed no reason for their request for eviction. The accompanying Complaint states only that the Defendant is occupying apartment 209 after the owner died and has not been approved for occupancy pursuant to the terms of the occupancy agreement.

I obviously was approved by a prior board four and one half years ago. This new board consists of two members who moved in after we did and began stirring things up almost immediately. Ousted the prior president by a campaign of harassment until she quit, after many years of good service.

In addition, the occupancy agreement states "TO HAVE AND TO HOLD said dwelling unit unto this member, his or her executors, administrators and authorized assigns..."

We feel we have every right to be here, to rent out the unit, etc.

The harassment has been first of all,

1. The Notice to Quit sent so quickly after the death of my partner.
2. The unfamiliar man at my door inquiring as to my moving.
3. The phone call inquiring about same, as well as discouraging our plans to rent out the unit rather than sell.
4. Two phone calls to my son, who will be executor of the estate and whom is listed as an emergency contact for my husband, and who has never been called, except with pressure to sell (the realtor said she was given his private number by the Vice President of the Board, herself not a member/owner, her family is the owner).
5. Sending out the summons two weeks after filing it with the Court to allow me little time to get documentation and prepare for my Answer.

Nonetheless I am frightened, as you don't know how a court will rule.

I am sorry I have gone on and on, I tried to be concise. I am myself on social security of only $650 monthly, but could comfortably live here paying just the $225 maintenance fee and lights. Heat, hot water, insurance, etc., is covered by the maintenance fee. This is why he requested in his will that I be allowed to continue to reside here for up to 18 months until which time I could make other arrangements and then turn the unit over to the heirs to do with what they choose.

Thank you for any assistance or advice you can give me. I did call the Court to request a continuance but they said I had to call the Plaintiff's attorney to request one.

Sincerely, Bobbie Heels McKinlay [email]bheels@hotmail.com[/email]

[HomeGuru]

Originally Posted by abbey48

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

My (ex) husband and I moved into this cooperative together in April of 2005(he purchased it for $55,000 and put an additional $20,000 in renovations into in prior to move-in). We were married in 1968 and divorced in 1973, however remained close friends (we have two sons) and began living together as husband and wife over ten years ago, not remarrying for mostly financial and health insurance reasons, as many seniors find necessary.

We moved into this unit together and I go by my maiden name, and both of our names were put on the mailbox over four years ago. I get a lot of mail in my married name, as well.

My husband was blind and had a heart condition. After two months hospitalization I returned home and after five days, he passed away unexpectedly (he was not expected to die for at least a few years). Nine days later I am mailed a "Notice to Quit-Landlord Tenant" for for the reason, "the owner has died and you do not have approval from the occupancy board to stay there."

I have been harassed, having an unfamiliar man come to my door about three weeks later asking me if I was ready to move out. I just said I was working on packing up my husband's belongings.

About a week later I received a phone call from someone identifying himself as Mr. Bab**** (the attorney named on the Notice to Quit). I told him actually I did want to move, as the constant reminder of my husband and our lives together here was making it hard to move forward from my grief, however it would take several more weeks to pack up 77 years of life and prepare the unit for rental (the by-laws were changed about a year ago to remove the age restriction and open the co-op to rentals). He kind of hemmed and hawed about this and when I said we planned to leave the furniture which was all new four years ago and possibly rent furnished to someone working at the renowned trauma hospital (Beaumont) which is only one mile up the street, he said something about we probably couldn't leave anything in the unit.

I have tried not to go on and on here, but obviously I am very upset. My son has been named executor of the estate, and their are three other heirs (his children). He stated in his will he approved my remaining here up to 18 months after his death.

30 days to the date of the original notice to quit an action was filed with the court, mailed to me two weeks later, allowing me less than one week to prepare for this hearing.

This Summons listed no reason for their request for eviction. The accompanying Complaint states only that the Defendant is occupying apartment 209 after the owner died and has not been approved for occupancy pursuant to the terms of the occupancy agreement.

I obviously was approved by a prior board four and one half years ago. This new board consists of two members who moved in after we did and began stirring things up almost immediately. Ousted the prior president by a campaign of harassment until she quit, after many years of good service.

In addition, the occupancy agreement states "TO HAVE AND TO HOLD said dwelling unit unto this member, his or her executors, administrators and authorized assigns..."

We feel we have every right to be here, to rent out the unit, etc.

The harassment has been first of all,

1. The Notice to Quit sent so quickly after the death of my partner.
2. The unfamiliar man at my door inquiring as to my moving.
3. The phone call inquiring about same, as well as discouraging our plans to rent out the unit rather than sell.
4. Two phone calls to my son, who will be executor of the estate and whom is listed as an emergency contact for my husband, and who has never been called, except with pressure to sell (the realtor said she was given his private number by the Vice President of the Board, herself not a member/owner, her family is the owner).
5. Sending out the summons two weeks after filing it with the Court to allow me little time to get documentation and prepare for my Answer.

Nonetheless I am frightened, as you don't know how a court will rule.

I am sorry I have gone on and on, I tried to be concise. I am myself on social security of only $650 monthly, but could comfortably live here paying just the $225 maintenance fee and lights. Heat, hot water, insurance, etc., is covered by the maintenance fee. This is why he requested in his will that I be allowed to continue to reside here for up to 18 months until which time I could make other arrangements and then turn the unit over to the heirs to do with what they choose.

Thank you for any assistance or advice you can give me. I did call the Court to request a continuance but they said I had to call the Plaintiff's attorney to request one.

Sincerely, Bobbie Heels McKinlay [email]bheels@hotmail.com[/email]

**A: sorry to long to read.

[private_person3]

If the situation is as complex as the posting (yes I read it), then you need to consult an attorney right away.

[HomeGuru]

I just read the and agree that the h ring of legal counsel is warranted.