Squatting?

[mommit2k]

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

My dilemma is that I was renting a home from someone posing as a homeowner, who in fact was just renting the home themselves! I am a Section8 client, and went through all of the proper protocols when renting a home through this program. I moved in 05/2011 & when I saw my basement flooding, I immediately call the guy, who assured me that he would send his "maintenance team to assess the damage, which never happened. I received a visit from the actual owners of the property, and was informed that the guy was just renting the property, and that he told them that I was his niece, (which is a lie) and the owners seems to believe this. I even tried to get the housing authority to compensate them for the time I am here, but without the violations being fixed they won't even consider signing a lease agreement w/ the true owners. Now the owners want to sue me for something that their tenant has done, and calling me a squatter even though they've spoken with the housing authority and know the circumstances. I even asked the owners to draw up a letter revealing the circumstances, so that I could submit it to the various agencies to try and give them compensation for the time my family has been in their home. They in turn not only refused, they have called the utility companies, as well as the local police, and told them that I just showed up and took over their property. They say that they want to resolve this as amicable as possible to my face; then send me nasty emails claiming that they have proof that I am lying about this matter, and they will take me to court and have me arrested. They even tried to use my disability as a factor in the arrest threats. I know Michigan has squatters rights, but what I would like to know is since it has been verified that what I stated is true, can the owners legally side with the scam artist & tell others that I am doing these things, or are these grounds for me to sue for slander? (BTW, I have yet to receive an eviction notice, but they have had my utilities turned off, and I have been nothing but transparent in my numerous emails, & phone calls) But they are lying not just on me, but the HUD agency as well. As for the phony owner, they keep saying that he is a good guy so they won't be suing him. Any advise, would be greatly appreciated, thanks!

 

[FarmerJ]

You have the right to proper written notice to be told to get out by the actual owner of the home , LL has have the right to force this to be heard in a court where the court would be the one to order you to leave if you dont after being given proper notice. LL can only claim to court and in notice to you that his original tenant did not have the right to sublet. I know being on s8 isnt easy finding new places to go to but if the other person didnt have the right to rent that unit out to you your still going to have to leave. I suggest finding a new place before the actual LL ends up going to the courts to get you out. Your legal issues with actual LL are that you are entitled to proper written notice to get out. Your legal issues with the one who claimed to own it are different and I would say to speak to a legal aide clinic about what your options are if any against the person who fraudulantly rented the unit to you.

 

[DeenaCA]

Section 8 tenants should never sign a lease or move into a place until it's been approved by the housing authority.

Since the utilities have been turned off, you should contact the housing authority and request a voucher to move. The housing authority cannot approve any payments for your current house because it didn't/doesn't pass the inspection. You can review the rules for the voucher program at http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/programs/hcv/forms/guidebook.

You might want to contact a disability advocacy group in your area for help with finding another place and/or moving costs.

 

[mommit2k]

Thank you for the prompt response Farmer] & DeenaCA . As you stated, I am in the process of finding another home for my family, (I have received my moving packet from the HA) but what is puzzling to me is that the home PASSED inspection prior to me moving in, but that inspector has since been terminated from HA. Since my SD was paid to creep, I am in the process of suing for the return of monies. I am not trying to be non-compliant with either parties, (HUD or Owners) but there is a process in doing all things; which i have to follow or else I'm subject to penalties myself. When I requested for the last inspection, (so that the true owners could see for themselves what I had stated) they agreed to fix violations, then later on in the day changed their minds and wanted me out right then. Now don't get me wrong; not only was I on the side of the true owners, I even asked for them to construct a letter explaining their position on this issue , explaining to the that this was the only way the agencies would help out the both of us. I sent email after email showing my transparency which both the HA and owners have seemed to appreciate. It is the housing authority's fault for stating that I had the all clear to move in. The owners are still taking the criminal's side & stating that I just forced my way in. This I can take care of, but to threaten to call the police, (who btw have been to my home looking for the creep because they have a warrant for his arrest, so they know what is going on a bit better that owners) as well as having my utilities shut off (which is illegal in Michigan). Section 8 doesn't want to assume any liability but if it was not for them tell me that i could move-in, my family wouldn't be in this situation to begin with. I followed protocol to the letter, but still had a most negative outcome. Can the HA be held liable for their lack of due dillengence, & be made to relocate my family at no additional cost to me? Again, thank you for your time and consideration.