What is the name of your state? MICHIGAN
Hi Again,
This is an additional question relating to my previous posts about my brother. Please see my previous posts for all the details.
The landlord/seller has now served my brother with the court papers for eviction. Attached are the summons, complaint & Notice to Quit.
The problem is that my brother NEVER received the Notice to Quit form that is attached.
The Realtor stated in the attached notice to quit, that she mailed it to my brother on Feb. 27th and that it was sent via First Class Mail. These forms were just notorized on April 11th. Then the summons served on April 18th. (7 days later)
The realtor left her business envelope (with no names on it ) in my brother's mailbox on Feb. 27th, with a basic notice that property was sold but it was not the "Notice to Quit" form and it was not notorized. On that same form, it said "This is Not an Eviction Notice".Along with that form she attached a letter from her that the Landlord asked her to tell you that you have 30 days, etc. We have been trying so hard to get moved out of there, but my brother has been in hospital 3 times with congestive heart failure, etc.
Since my brother did NOT receive the Notice to Quit PRIOR to the summons & complaint, do they have to start the process over? The realtor lied on that form saying she mailed that on Feb. 27th! She never mailed anything first class mail! The new owner (who is a billionaire) is trying to bully us and we just need to know our rights and if they followed the law correctly.
Thanks again for all your help!
Here is the additional information. Sorry about that. I didn't know how to add it to this post, but now I do.
I think.
04-17-2006, 01:53 PM
CLASSIEM
Junior Member Join Date: Aug 2005
Location: MICHIGAN
Posts: 10
Help ~ What Will Happen?
--------------------------------------------------------------------------------
What is the name of your state? MICHIGAN
My Brother has been the caretaker / tenant of farm for over 5 years now. Our Step-father sold it before he passed away and the new owner said he could stay in the house rent free and be the caretaker of the land. Our step father passed away over 5 years ago and at that time, my brother took over being the tenant / caretaker.
The owner has decided to sell and there is a new buyer. The owner's realtor put a "Notice to Terminate Tenancy" in my brother's mailbox on Feb. 27th, but he didn't get it for several days, as he was at my house, which is an hour away. We have not received any other types of notices. Only that one.
The new buyer says he must be moved out by the closing date. We don't know when that will be, but expect it will be this week or next week. The seller's agent said that after closing, the buyer takes possession of everything and my brother must be moved out by then. This is a big house, with items still in it from our Step father and also, a shop full of tools, tractors etc. We are trying so hard to get all done, but it takes time and money. We can't afford to hire a moving company, otherwise we would. My brother is on disability now and has a very limited income.
What happens if we can't get him moved out by the closing?? Can the new buyer come in there and have him removed? Or does the new buyer have to go by the Landlord/tenant laws and procedures? The new buyer is a billionaire and not willing to be flexible. We need to know what the law says about this type of situation.
Since he got the notice, we have been packing and trying to find a place for him to live.
The problem is that he has been taken by ambulance to the hospital 3 times in the past month, because of Congestive heart failure and atrial Fib. He had heart surgery 2 years ago, but still having problems. ( He's my twin brother & we are only 42 years old)
When he's been in the hospital, etc. we haven't been able to continue packing, etc. There are a lot of tools, tractors, etc that became my brothers after our step father died and also a big house to pack. We have been doing all we can and going as fast as we can, but not fast enough for the new buyer.
04-12-2006, 12:55 AM
CLASSIEM
Junior Member Join Date: Aug 2005
Location: MICHIGAN
Posts: 10
What Rights Does My Brother Have Against Owner/landlord/Buyer?
--------------------------------------------------------------------------------
What is the name of your state? MICHIGAN
Hello,
Here is the update on my Twin-brother's situation. Sorry... Kinda long.
( My original post was a few days ago.)
The owner/landlord has been out of country, so we haven't been able to talk to him. Now he's in Flordia as of last week. We have only been able to talk to his realtor. I explained to his realtor that my Brother has been a tenant there and we are trying very hard to get everything moved out, but it's taking time and we just don't have the money for a rental truck, etc.
I received an email from the realtor today and she said the owner/landlord told her that he "verbally terminated my brother's tenancy via my brother's girlfriend in December 2005." The Realtor had put an envelope in my brother's mailbox on 2/27/06. My brother was here at my house for almost 2 weeks, because of doctor appts, etc, so he didn't see the letter right away. Inside the envelope was a form " Notice to terminate tenancy", but it did not have a date in it. Only said _______ Feb. 2006 and it was not signed or dated, but there was also a letter from the realtor saying 30 days from Feb. 27th.
Also in her email today she said the new buyer said " the place will be vacant upon closing", which she said will be in the next week or so.
Is my brother protected by the landlord / tenant laws? What else can he do? We really need your help and advice. We don't have a lot of money and these guys are millionaire's and billionaires.
My brother's health isn't very good right now and all of this stuff isn't helping.
This morning he was taken by ambulance to the ER for Congestive Heart Failure and Atrial Fib, etc. About 2 weeks ago, he had to go to ER because of his heart and was admitted. Also about a month ago he had a small seizure and fell going up the staires and dislocated his shoulder. He had his 2nd open heart surgery 2 years ago and we are only 42 years old.
My point is that we have spent a lot of time in the ER, hospital and going to doctor appointments and also trying to move. We really are trying to get things done.
Have to go for now. Thanks so much for your help.
04-06-2006, 10:19 AM
CLASSIEM
Junior Member Join Date: Aug 2005
Location: MICHIGAN
Posts: 10
Landlord Selling Rental House-need Advise Asap
--------------------------------------------------------------------------------
What is the name of your state? MICHIGAN
MY BROTHER HAS BEEN THE CARETAKER OF A FARM AND LIVED IN HOUSE RENT FREE FOR OVER 5 YEARS, IN LIEU OF TAKING CARE OF LAND,ETC.
THE OWNER HAS DECIDED TO SELL THE LAND AND HOUSE AND WANTS MY BROTHER OUT ASAP, BECAUSE HE HAS A BUYER THAT WILL PAY 1.5 MILLION CASH.
WHAT ARE MY BROTHER'S RIGHTS? CAN THEY SELL IT AND FORCE HIM OUT LIKE THAT?
HE IS NOW ON SOCIAL SECURITY DISABILITY FOR HEART CONDITIONS, ETC. AND THERE IS ONLY SO MUCH HE CAN DO, SO IT'S GOING TO TAKE LONGER FOR ME TO HELP GET HIM MOVED. WHAT CAN THE LANDLORD/OWNER DO AND WHAT CAN'T HE DO?
WHAT CAN MY BROTHER DO? WHAT ARE HIS LEGAL RIGHTS?
THANKS SO MUCH!
Hi Again,
This is an additional question relating to my previous posts about my brother. Please see my previous posts for all the details.
The landlord/seller has now served my brother with the court papers for eviction. Attached are the summons, complaint & Notice to Quit.
The problem is that my brother NEVER received the Notice to Quit form that is attached.
The Realtor stated in the attached notice to quit, that she mailed it to my brother on Feb. 27th and that it was sent via First Class Mail. These forms were just notorized on April 11th. Then the summons served on April 18th. (7 days later)
The realtor left her business envelope (with no names on it ) in my brother's mailbox on Feb. 27th, with a basic notice that property was sold but it was not the "Notice to Quit" form and it was not notorized. On that same form, it said "This is Not an Eviction Notice".Along with that form she attached a letter from her that the Landlord asked her to tell you that you have 30 days, etc. We have been trying so hard to get moved out of there, but my brother has been in hospital 3 times with congestive heart failure, etc.
Since my brother did NOT receive the Notice to Quit PRIOR to the summons & complaint, do they have to start the process over? The realtor lied on that form saying she mailed that on Feb. 27th! She never mailed anything first class mail! The new owner (who is a billionaire) is trying to bully us and we just need to know our rights and if they followed the law correctly.
Thanks again for all your help!
Here is the additional information. Sorry about that. I didn't know how to add it to this post, but now I do.
I think. 04-17-2006, 01:53 PM
CLASSIEM
Junior Member Join Date: Aug 2005
Location: MICHIGAN
Posts: 10
Help ~ What Will Happen?
--------------------------------------------------------------------------------
What is the name of your state? MICHIGAN
My Brother has been the caretaker / tenant of farm for over 5 years now. Our Step-father sold it before he passed away and the new owner said he could stay in the house rent free and be the caretaker of the land. Our step father passed away over 5 years ago and at that time, my brother took over being the tenant / caretaker.
The owner has decided to sell and there is a new buyer. The owner's realtor put a "Notice to Terminate Tenancy" in my brother's mailbox on Feb. 27th, but he didn't get it for several days, as he was at my house, which is an hour away. We have not received any other types of notices. Only that one.
The new buyer says he must be moved out by the closing date. We don't know when that will be, but expect it will be this week or next week. The seller's agent said that after closing, the buyer takes possession of everything and my brother must be moved out by then. This is a big house, with items still in it from our Step father and also, a shop full of tools, tractors etc. We are trying so hard to get all done, but it takes time and money. We can't afford to hire a moving company, otherwise we would. My brother is on disability now and has a very limited income.
What happens if we can't get him moved out by the closing?? Can the new buyer come in there and have him removed? Or does the new buyer have to go by the Landlord/tenant laws and procedures? The new buyer is a billionaire and not willing to be flexible. We need to know what the law says about this type of situation.
Since he got the notice, we have been packing and trying to find a place for him to live.
The problem is that he has been taken by ambulance to the hospital 3 times in the past month, because of Congestive heart failure and atrial Fib. He had heart surgery 2 years ago, but still having problems. ( He's my twin brother & we are only 42 years old)
When he's been in the hospital, etc. we haven't been able to continue packing, etc. There are a lot of tools, tractors, etc that became my brothers after our step father died and also a big house to pack. We have been doing all we can and going as fast as we can, but not fast enough for the new buyer.
04-12-2006, 12:55 AM
CLASSIEM
Junior Member Join Date: Aug 2005
Location: MICHIGAN
Posts: 10
What Rights Does My Brother Have Against Owner/landlord/Buyer?
--------------------------------------------------------------------------------
What is the name of your state? MICHIGAN
Hello,
Here is the update on my Twin-brother's situation. Sorry... Kinda long.
( My original post was a few days ago.)
The owner/landlord has been out of country, so we haven't been able to talk to him. Now he's in Flordia as of last week. We have only been able to talk to his realtor. I explained to his realtor that my Brother has been a tenant there and we are trying very hard to get everything moved out, but it's taking time and we just don't have the money for a rental truck, etc.
I received an email from the realtor today and she said the owner/landlord told her that he "verbally terminated my brother's tenancy via my brother's girlfriend in December 2005." The Realtor had put an envelope in my brother's mailbox on 2/27/06. My brother was here at my house for almost 2 weeks, because of doctor appts, etc, so he didn't see the letter right away. Inside the envelope was a form " Notice to terminate tenancy", but it did not have a date in it. Only said _______ Feb. 2006 and it was not signed or dated, but there was also a letter from the realtor saying 30 days from Feb. 27th.
Also in her email today she said the new buyer said " the place will be vacant upon closing", which she said will be in the next week or so.
Is my brother protected by the landlord / tenant laws? What else can he do? We really need your help and advice. We don't have a lot of money and these guys are millionaire's and billionaires.
My brother's health isn't very good right now and all of this stuff isn't helping.
This morning he was taken by ambulance to the ER for Congestive Heart Failure and Atrial Fib, etc. About 2 weeks ago, he had to go to ER because of his heart and was admitted. Also about a month ago he had a small seizure and fell going up the staires and dislocated his shoulder. He had his 2nd open heart surgery 2 years ago and we are only 42 years old.
My point is that we have spent a lot of time in the ER, hospital and going to doctor appointments and also trying to move. We really are trying to get things done.
Have to go for now. Thanks so much for your help.
04-06-2006, 10:19 AM
CLASSIEM
Junior Member Join Date: Aug 2005
Location: MICHIGAN
Posts: 10
Landlord Selling Rental House-need Advise Asap
--------------------------------------------------------------------------------
What is the name of your state? MICHIGAN
MY BROTHER HAS BEEN THE CARETAKER OF A FARM AND LIVED IN HOUSE RENT FREE FOR OVER 5 YEARS, IN LIEU OF TAKING CARE OF LAND,ETC.
THE OWNER HAS DECIDED TO SELL THE LAND AND HOUSE AND WANTS MY BROTHER OUT ASAP, BECAUSE HE HAS A BUYER THAT WILL PAY 1.5 MILLION CASH.
WHAT ARE MY BROTHER'S RIGHTS? CAN THEY SELL IT AND FORCE HIM OUT LIKE THAT?
HE IS NOW ON SOCIAL SECURITY DISABILITY FOR HEART CONDITIONS, ETC. AND THERE IS ONLY SO MUCH HE CAN DO, SO IT'S GOING TO TAKE LONGER FOR ME TO HELP GET HIM MOVED. WHAT CAN THE LANDLORD/OWNER DO AND WHAT CAN'T HE DO?
WHAT CAN MY BROTHER DO? WHAT ARE HIS LEGAL RIGHTS?
THANKS SO MUCH!
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