Possible rent payment issue and how applied to be raised in court?

[sweetsebring]

Macomb County, MI

The situation is as follows. The rent is almost 2 months behind starting from mid sept. The tenant had paid in the beginning of november for 1/2 month (we are on a bi-monhly basis) and asked that it be credited for 11/1 - 11/15. The tenant asked because they are receiving state help and needed to show that they are paying the current dues and was asking for help for past dues from mid-sept to end of october.

BTW, on oct 26 I had sent a demand for possesstion for the monies due. As of today the mones for mid-sept thru Oct are due and 11/15 to current are due. I am looking to take the next step to file for a court date.

My question is, by me agreeing to take their one payment and showing it paid for 11/1-11/15 while money in the past was due, will this be a problem in court? The only reason I did this is they had said it would help them get state aid by showing payment like this.

Out lease agreement does stipulate that I would apply money rec'd to an outstanding balance and not current rent. I went outside of these guidelines to help them receive the state aid and my owed money. I probably shouldn't of have and now am wondering what implications I may of cause for myself.

 

[jacksgal]

By accepting any money you may forfiet your right to eviction

 

[jharris352]

Please understand something. You are assisting your tenants in defrauding a government agency by saying they are current when they are not. By doing so the Judge may very well hold you to your word and declare them current and not behind at all. If fact, they may just be tricking you into doing just that. I think you have already forfeited your back rent by what you have done if they know how to use it.

Never help someone else lie. . . Good luck.

 

[sweetsebring]

Its never been my intention for fraud. I am not familiar with department of human services as thankfully have not used them but the tenants informed me that they had to show they were making rent payments again and the department would provide assistance to pay for the back rent that was owed. That was the only reason I did what I did.
At that time, I didn't think about the implication in the courts for the eviction process.

 

[jharris352]

You know, I will go with the idea that you didn't realize it was fraud, but you do of course realize that what you helped them do was lie to get money, right? That is pretty much the definition of fraud wouldn't you agree?

 

[sweetsebring]

I don't disagree with what you are saying. At the time they had asked me, I thought that was DHS policy(and it may be, I have been unable to confirm up to this point). The tenant had mentioned that his caseworker told them that she didn't want them to come back again for help on rent so she would help on the back rent owed but they had to show they could start making current rent payments again.

 

[jharris352]

I would go to them and make a payment arrangement for the back rent. I would inform them that if they refused or failed to make those payments that you would contact DHR and tell them that you unintentionally misled them at the tenant's request. They may just pay what they owe.

 

[sweetsebring]

Thanks for the info, I am going to meet with an attorney on Monday to review everything that has happened to this point.