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I was served a eviction notice for match 26 2018. I do not…

Customer Question
I was served a...

I was served a eviction notice for match 26 2018. I do not have a lease verbal only she refuses to give us one the house has a gas leak which she refuses to fix and other things in house she refuses to fix (leaks n stair railing) my husband and i hve 2 grandchildren living with us who we take care of.(2 n 4) we do not have the money for attorney went to michigan legal help they said they couldnt help us conflict of interest.can somebody help or answer some questions

Lawyer's Assistant: Have you talked to a MI lawyer about this?

No can not find one who does free consultation

Lawyer's Assistant: What steps have you taken so far?

Went to Michigan legal help googling n calling around really dont know what to do

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That were desperate time not on r side, just need time to find a place so we dont hit the streets because she refuses to do anything with no lease we dont know whete we stand. Thank you

Submitted: 2 months ago.Category: Legal
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3/22/2018
Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,148
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 2 months ago

This appears that this eviction may be unlawful. Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective. In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation either under the Fair Housing Act. In your case, it is probable that because the place is uninhabitable, then you should be able to defend your eviction on those grounds and stop paying rent.

The main thing to remember is that there exist various reason why a landlord’s eviction notice may not be effective. Because landlords are people, they are sometimes not thinking their way through the situation and that gives you an opportunity to help them understand their legal position. What I recommend is sending them a letter detailing the reasons why the eviction notice is unlawful. There’s a site that I’ve used in the past where you can find a good template for a letter that puts the landlord on notice that their eviction notice is unlawful (click here). It only costs $10 and it is way cheaper than litigation.

Did you have any other questions for me today that I could help you with?

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