Legal Question in Landlord & Tenant Law in Michigan

Burned by a tenant

My husband and I rented our home out after being unable to sell it before purchasing a new home. Unfortunately we didn't do a background check and she burned us bad. She paid us the deposit and first month then changed the locks and disconnected her phone and hooked up utilities illegally and we never got a dime from that point on. She filed bankruptcy and got a 6-9 month stay on ''our'' property we were paying a mortgage on and she did this right before we could evict her and the week bankruptcy laws changed. Can we still file any type of suit against her it's been about 2 1/2 years and my husband doesn't think so but, we paid that mortgage plus the one on our new home and eventually lost it all because it was too much. She was to pay us $1500 per month I believe it was 10 months no pay during the entire process. I couldn't believe we were forced to let her stay but, we simply couldn't afford legal help due to all of this at the time and it burns me someone could just keep getting away with this as she has done it several times finding afterward all judgement held against her in the past for the same thing.


Asked on 6/16/08, 9:49 am

2 Answers from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Burned by a tenant

You may or may not be able to pursue a claim against her, depending on whether or not she actually went through with her bankruptcy and obtained a "discharge." If she did get a discharge then your claim is likely barred since it arose before and during the time when she was in bankruptcy. You should have filed a claim earlier.

If you could show that she engaged in fraud, then this type of debt/judgment is NOT dischargeable in a bankruptcy.

However, taking any of these actions would require a lot of work, and legal assistance from a lawyer, and unless you know for sure she is collectible right now, it's not worth it. You would be spending money to chase money that doesn't exist.

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Answered on 6/21/08, 11:29 pm
Timothy Klisz Klisz Law Office, PLLC

Re: Burned by a tenant

if the person obtained a discharge in Chapter 7 bankruptcy, you have no recourse. If the bankruptcy was dismissed for any reason. You can still sue. Contact me to discuss further. Tim Klisz. www.kliszlaw.com

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Answered on 6/16/08, 10:34 am


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