Lawyer advising their client after client gains info illegally.

This is a discussion on Lawyer advising their client after client gains info illegally. within the Attorneys & Legal Ethics forum, part of the ATTORNEYS, COURTS, LITIGATION category; Michigan...I am a landlord in MI who has renters who refuse to pay rent or move out. The renters have ...

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Old Aug 19th, 2010, 12:27 PM   #1
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Exclamation Lawyer advising their client after client gains info illegally.

Michigan...I am a landlord in MI who has renters who refuse to pay rent or move out. The renters have stopped paying rent because they know the home is in foreclosure and has two months left in the 6 month redemption period. They have been given their 7 day evict notice and now their 30 day notice in writing to vacate and they are on a month to month lease. The renters have admitted to opening our bank mail which was unfortunately sent to their address (the home they rent from us). They not only have been trying to contact our bank to gain the house for themselves but have employed a lawyer for advice on how to stay in the home and essentially squat and stop paying their rent. This lawyer has also sent a letter informing us that since it is "apparent" that the rents are not being applied to the mortgage, they do not feel they should pay us. The information the lawyer is using against us was gotten thru the Federal Offense that his clients (our renters) performed when they opened all our mail. My question: Is a Lawyer allowed to advise a client, knowing the information was illegally acquired, and actively help them lock us out of our property by dragging the court dates to the timeline where we will no longer have ownership after the bank takes over. These renters have said they are trying to save their money for a downpayment on an FHA loan to buy our house and therefore gain at our loss. We had an agreement with our bank that if we could find a new renter and a good lease that we could possibly hold onto our house and repay payments and continue future payments allowing us to keep the house. Since we do not have access to the property we haven't been able to show the house to meet this requirement. Many questions. Is this "Collusion" on the part of the Lawyer? Can the renters be sued for Criminal Trespass at this point? They are Con artists and have been evicted twice before for non-payment of rent..(withheld that info when we rented to them) Their slow-pay, no pay on the rents are why the home is now in foreclosure. I have lost $30K on the remodel of this home not to mention the 4 years of hard work to bring this home to brand new condition. The home has never needed a repair for the renters to complain about since everything is brand new. I am also a widow and feel they have actively taken advantage of my situation and now lack of funds. They even have said that since I can't afford a lawyer there is nothing I can do. Thank you for any advice. I really don't even have the court filing fees and even if I could get that, I don't have lawyer money....Please help and Thank-you. The bank is to take over on Sept. 11th...of all days!
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Old Aug 19th, 2010, 08:53 PM   #2
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Default Re: Lawyer advising their client after client gains info illegally.

I wish to inform you that your renter has to pay rent to you. Rent is to be paid by renter to landlord and is a matter different from foreclosure. Till the date you are owner your right to rent is not affected. You may evict your tenant for non payment of rent. Saving of payment for FHA loan does not mean that renter is not liable for rent, in fact, it is the duty of renter to pay rent. Further, reading of someone's letter is a Federal crime under Section 1702 of Title 18 Part 1 Chapter 83. Communication with the lawyer of a person or having advise of a lawyer does not make conspiracy. You may not file for criminal trespass as renters being tenant have a right to use the property. However, you may claim compensation for your loss under breach of lease contract by your renter by not paying rent.

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Old Aug 19th, 2010, 10:06 PM   #3
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Smile Re: Lawyer advising their client after client gains info illegally.

Thank you for your reply. I called the court clerk today and found encouraging information that going forward with a 5 day to respond letter from the court and in my case, since I'm filing a "no money" judgment, I'm not giving them a reason to dispute. Therefore the judge can give them a 10 day or get out with the Sheriffs help. I found out that even if they do respond within the 5 days there is certain criteria that the judge goes by and doesn't automatically grant them a hearing...(which is what their hoping for just to bide for more time). So it looks like 15-17 days and I can reclaim my house. (Filing tomorrow)...Thanks...(I will take them to small claims court for what they owe when they are out)
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