Legal Question in Real Estate Law in Michigan

Section 8 Housing Immediate Eviction Due to Accidential Fire

Cousin - Section 8 Housing tenant with no previous violations, of townhome in Benton Harbor, Michigan, left home with 2 children for approx. 30 mins returned home on ER call that home caught fire.

Returned to find out all possessions were detroyed, & fire damaged 3 other units. Determination is that the fire began in cousins unit, pot left on stove. 24 hour/immediate eviction notice given & est. damage of $10K? Told that being that it began in her unit, although accidental, my cousin will be responsible for damage cost???

All happened and assessed within a 3-4 hour time frame?

Homeowners insurance not required & didn't have renter's insurance.

I don't forsee an independent investigation due to the rapid determination and eviction to eliminate fowl play....Is there any legal recourse available against the Sect 8 Housing Complex, the Property

Management team or issues pertaining to how the eviction was orchestrated under Section 8 governmental housing laws???

This low income family has no where to go??

Thanks


Asked on 9/04/01, 8:33 pm

1 Answer from Attorneys

Re: Section 8 Housing Immediate Eviction Due to Accidential Fire

To Whom It May Concern:

This is in response to your email of September 4, 2001, which this office received on October 24, 2001.

Most of the time, a landlord cannot evict a tenant without going to court. A landlord must file a complaint seeking the eviction of a tenant, and the tenant is given the opportunity to address the matter in court.

If a tenant causes extensive property damage to the premises, this can be grounds for an eviction. The landlord must give the tenant a 7-day notice requiring the tenant to restore or repair the premises.

As for responsibility for the damages, this depends on who was at fault for causing the damage.

Keep in mind my answer is based only on the facts as they were presented in your email.

Sincerely,

Nichols & Eberth, P.C.

(313) 561-5700

By: Michael R. Shaffer

[email protected]

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Answered on 11/01/01, 3:45 pm


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