Guest won’t leave
Get Legal Help Today
Secured with SHA-256 Encryption
Guest won’t leave
My daughter came to stay temporarily, now won’t leave or return key. My
lease is up 28 Feb and I am moving out.
Asked on February 24, 2018 under Real Estate Law, Michigan
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
You need to remove her by a type of legal action commonly called an "ejectment" (though your state may have a different name for it), which can thought of as "eviction for non-tenants"--if your daughter is not subletting from you or paying your rent, she is not a tenant.
You need to do this NOW because otherwise, the landlord can hold *you* liable for your daughter "holding over" and not vacating: a tenant is responsible for the actions of his/her gifts. Therefore, you could be charged by landlord for additional rent beyond the end of your own lease and you moving out, if your daughter remains behind.
Even though this is not an eviction per se (since properly speaking, "eviction" is for tenants), it's still something that landlord-tenant attorneys are generally familiar with. Retain a landlord-tenant attorney to help you right away, to get your daughter out as soon as possible.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.