What is the name of your state? MICHIGAN
Is this Notice to Quit Legal?
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 to the summons & complaint. The Realtor stated in the attached court papers on the 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)
On Feb. 27th, the realtor left her business envelope (with no names on it ) in my brother's mailbox 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[/B], do they have to start the process over? Who should I contact about this? 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.
Email from Realtor saying the closing is this week and she has assured the new buyer that he can take possession and it will be vacated.
We aren't going to be able to be out of there by this week! ! Can the new buyer take possession after closing? The Court Summons has court date for Monday, May 1, 2006. Can they close on the deal even though we aren't scheduled to go to court until May 1, 2006?
Thank you so much!
ClassieMWhat is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?
Is this Notice to Quit Legal?
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 to the summons & complaint. The Realtor stated in the attached court papers on the 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)
On Feb. 27th, the realtor left her business envelope (with no names on it ) in my brother's mailbox 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[/B], do they have to start the process over? Who should I contact about this? 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.
Email from Realtor saying the closing is this week and she has assured the new buyer that he can take possession and it will be vacated.
We aren't going to be able to be out of there by this week! ! Can the new buyer take possession after closing? The Court Summons has court date for Monday, May 1, 2006. Can they close on the deal even though we aren't scheduled to go to court until May 1, 2006?
Thank you so much!
ClassieMWhat is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?