Landlord Question and Answer Forum

I purchased a tax forclosed house from the State of Michigan. It is still occupied by who I assume is the former owner who didn't pay his taxes, and I think utilities. I assume this makes me a Landlord by default, but without any rental agreement. I'd like to inspect my property so I will have proof if he vindictivly trashes the place (worse) before he is evicted or volontarily leaves. Am I correct in assuming I can ask to inspect the property and if refused entry, tell him this is his 24 hour notification? I also plan to have an audio recording running as a little CYA. I believe this would be legal, as I would be a party to any conversation recorded. I also plan on telling him that I intend to evict him when the deed comes through in a few weeks. That should take care of the 7 day notice of eviction, then I assume he'd have another 30 days once served. Is all that correct? I don't want to be a jerk, but I also want to be able to live in my house before too long.

What did the old owner or landlord have for a lease, month to month or 1 year lease, you have to check with your state laws but you might have to abide by that, unfortunately with all the forclosures the tenant has the upper say until time runs out for him . They have passed new laws that make tenants of forclosed home be able to stay for in some olaces 90 days after there lease runs out.

Posted by Donald G, MA on Saturday, August 7, 2010

I don't think it was leased. I'm pretty sure the old owner is the "tenent", so there is no lease.

Posted by Forrest H, MI on Saturday, August 7, 2010

You might want to check withtenant laws in your state but new laws have been imposed on people in forclosed houses. Obama signed a new bill that protects people in these cases.

Posted by Donald G, MA on Saturday, August 7, 2010

well, I have tried to talk to the guy 3 times now, and no answer. all the crap is still there, including a truck that may or may not run. part of me is expecting to find a dead body inside when I finally enter, but I sure hope not. At what point can I enter uninvited? is putting a note on the door a proper way to give the 24hr notification? Do I need to have to police present?

Posted by Forrest H, MI on Monday, August 9, 2010

You have to check with landlord laws in your state, on how much of a notice you need. Could you ask neighbors over there if someone is still over there and when do you see this guy. Police do not like to go on these calls because no criminal activity is in progress, but Iwould not go over there alone, Iwould bring someone with me. , the wrong person in your house will make you lose sleep.

Posted by Donald G, MA on Tuesday, August 10, 2010

Just a pointer, you do have to let the other person know that they are being recorded. Yourself being party to the conversation is moot, as it is a given that the person doing the recording is part of the conversation. Though some people are protected for some time in a foreclosure, the previous poster is correct - you may have to check tenant laws. In some foreclosures, when it is filed that you are the new owner of the home, the person refusing to leave the home is trespassing because the home is legally of another party. Check with the sheriff's department (not the police department), as sheriffs are usually in charge of evicting people from foreclosed homes. They may be able to provide you with information regarding your rights as the new homeowner.

Posted by Lynn S, GA on Thursday, August 12, 2010

Update on the situation: it came to a sad end. The guy killed himself this morning, before I ever got to talk to him. It sounds like he had a long history of mental problems, and this was not the first house he lost. luckily for the mental well being of my family, he did not do it in the house. Honestly, it comes as no surprise to us. We were almost expecting to find him dead in the house whenever we gained entrance. That was just the vibe we were getting. Its sad end when anyone sinks so low that they think death is the best way out. I hope he has found some peace were ever he is. FWIW, I researched the recording conversations thing some more, and it looks like I can record my own conversations without giving notice in MI. If I am not part of the conversation, I'd need permission from all parties.

Posted by Forrest H, MI on Tuesday, August 17, 2010