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    KatrinaMarie48750's Avatar
    KatrinaMarie48750 Posts: 1, Reputation: 1
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    #1

    Mar 28, 2008, 11:13 AM
    In Michigan
    My fiancé and I are renting this gorgeous 5 bedroom house. It was great, when we signed the lease, technically I am the only person who signed they are saying Abe, my fiancé is a cosigner but he did not sign anything. Anyway, when I had signed the lease, I had to put the information down of the others who were going to be living there with us. Now its 2 months before my lease is up, I had lost my job, and I cannot help Abe out in getting a different job. I totally and 100 percent understand that we are still liable for the last couple months rent, and we talked to them about it and are willing to let us make payment. My question is, is when I had let the water bill lapse for a week so I could pay the electricity bill, it wasn't even a week. They had to shut off the water for 2 days until I could get in to pay them. My landlords mother who has power of attorney, went into the house while Abe was at work and I was at an interview, and searched the premises. In the contract it says that once a month the landlord or who she asks to come and inspect will give 24 to 48 hours. I am mostly concerned that there was no notice, or anything of the sort, and I need to know what my options are about it. I don not want to trash talk anyone, but when I had asked her, she had started yelling at me and I had said When are you willing to talk about this like a civilized adult please to do return my call, and then I hung up. Well about 1 second later the phone rang and it was her, and she had said you ever hang up on my again that will be the last thing you do. I do have a witness to attest that. Now I am looking at it from her point of view that she is completely stressed and when you are under stress you tend to say or do things without thinking. I am willing to look passed that. Now she is saying that I have to have the water turned back on by Saturday. I do not get paid until Monday. I already talked it over with the water company and they are working with me on it.

    Now what I need help understanding, the rental law I looked up said no statute in Michigan. But my lease agreement said 24 to 48 hours notice. There was no emergency or nothing of the sort, I talk with the landlord on a weekly basis (she lives in Alaska) And I told her exactly what was going on, and somewhere down the road there was mistranslation to her mother, about what exactly was going on. I know that is most likely part of the reason why there was so much stress and anger involved. .

    Also, seeing how they are holding abe up to the lease agreement, when he never signed anything they just have the information on him, just the same with our two other roommates who moved out. Should those other two roommates be held accountable for leaving the lease early as well?

    So I had gone through and talked to Brittney's Mother and Father, they had come over to the house to "inspect premises". Mind you my fiancé and myself are in the process of moving out so there is dirt and what not on the carpet. They said that we are going to get the bill for the carpet cleaning. My first Question is, I paid 200 dollar non refundable cleaning deposit, so shouldn't that come out of that instead?

    Now I know we owe them for the remainder of the lease I understand that, my fiancé and I have talked to Brittney on more the one occasion on making payments. I have it documented that she was fine with us making payments and such, so anyway, they gave me this paper stating that we have to either pay what we owe in 7 days or vacate, and if we fail to do either or the landlord will take us to court to evict us. We are already moving out so the judge is going to disregard that. I already know this. Now as for the money we owe her, her father had stated today while I was there, that when we go to court for the eviction and to get the settlement owed, that they are going to garnish my fiance's wages that day. Now in my experience from seeing my Mother have to go through this, they do not do that on that trial they go through and say yes we do owe that much, and they are entitled to that money. So now comes my last question, Abe is only listed as someone living there, his signature is no where on the lease agreement, my signature is the only one on the paper work. Not Abe's. So are they going to be able to garnish his wages as well?

    As far as making payments to her, she was fine with the 400 dollars a month, and now she wants the full 2060 dollars upfront, I told her that we cannot simply do this, and we cannot take a loan to do this either. So what can be done with that? Will the court tell us how much money we have to pay on a month to month basis? I guess I am just unsure on what the court will say. Brittney did make the comment tonight that her mother and the judge are good friends, and she is absolutely sure that she will win the judgment and have the wages garnished. Is this true? And seeing how I have it documented, will it get turned over to another judge because the judge we are supposed to see has conflicting interests? I need some advice please. I would ever be so grateful.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 29, 2008, 06:04 PM
    Hello, a power of attoreny can sign legal documents, this gives them no standing to enter your apartment, if they were working as a agent ( as an employee either paid or not paid) then they can act as such.

    If the lease says a certain notice they are in breach of that agreement,

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