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The US Sun
We were threatened with eviction while on vacation, belongings were thrown out even though we paid rent on time
By Molly Bowcott,
21 hours ago
A DISTRAUGHT family has spoken out after almost being wrongly evicted from their home.
Erica Montgomery from Michigan, was on vacation with her husband and son when she learned that a court had started to remove their belongings from their apartment.
Erica Montgomery was close to being wrongly evicted from her home due to a case of mistaken identity clickondetroit.com Montgomery received numerous eviction letters to her home but they were addressed to a man she did not know clickondetroit.com
Montgomery began receiving eviction notices in April, NBC affiliate WDIV-TV reported, but the name on the letter was not hers.
Between April and August, Montgomery received numerous eviction notices addressed to a man she did not know.
Her home address, however, was listed alongside the stranger’s name.
The couple, along with their 4-year-old son, lived in Oak Park Manor apartments, about a 20-minute drive from Detroit.
Montgomery said that she and her husband had always paid their rent and never caused any trouble.
She explained that she went to speak to the Oak Park Manor management team four times in the space of a few months to ask about the letters.
She claims the team told her the letters were a mistake and that nothing bad would happen.
“They assured me that everything was going to be fine,” she said.
The last eviction letter arrived on August 6, stating she had just 24 hours to move out, according to Montgomery.
She brought the letter to the leasing office and was again told it was a mistake and that she had nothing to worry about.
Feeling reassured, Montgomery and her family left for their vacation.
It wasn’t until they were on their way back that they discovered a court officer from the 45th District Court had begun an eviction.
MISTAKEN IDENTITY
The family’s belongings had been placed in garbage bags and were dragged out of their apartment.
It was only halfway through this process that the court realized they were at the wrong address.
“They called me and said ‘we apologize, but they did put your stuff out’,” Montgomery explained.
Eviction
Here is some more information on eviction in the US:
What can tenants be evicted for?
Failing to pay rent.
Violating the lease agreement.
Having an expired lease.
For breaking the law – e.g. damaging the property, violence, illegal subletting.
What are tenants not allowed to be evicted for?
There are legal protections that prohibit tenants from being wrongly evicted.
The Federal Fair Housing Act prohibits discrimination on the basis of race, color, national origin, religion, sex, familial status, or disability.
“They noticed midway and brought all the stuff back in.”
While the incident was resolved fairly swiftly, Montgomery said that her family is still extremely upset.
“This is emotional,” she said.
“My son is scared to stay here.”
WHAT HAPPENED
The NBC affiliate approached the District Court to learn more about the incident.
It claimed that the attorney for the apartment complex had filed the summons with an incorrect address.
“The court was never notified that the summons and complaint were filed with the incorrect address, and the suit worked its way through the court system,” Montgomery said.
A written explanation has been requested from the attorney who made the mistake, but the court has not heard back yet.
The U.S. Sun approached the Oak Park Manor management team for comment.
The family were on their way home from vacation when they were told that their belongings had been removed from their apartment clickondetroit.com
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