If I have a roommate who has become abusive and I file a PPO, does he have to be the one to move out?

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If I have a roommate who has become abusive and I file a PPO, does he have to be the one to move out?

He is not on the lease but has been paying rent. He has recently started being threatening over some disagreements and has caused me to fear for my safety. I want to file a PPO against him but don’t want to have to be the one to move out as I have a legal binding contract to be there. If I file a PPO does he have to move? And if he files one against me, will I have to move out?

Asked on December 20, 2014 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Actually even PPOs cannot force a person out of their home, whether they are on a written lease or an oral (unwritten) one and thereffore are a month to month tenant (if you pay rent with an understanding that you are doing so in order to live somewhere, you are a month to month tenant on an oral lease). That's because the PPO does not invalidate the lease or the landlord-tenant relationship.

The issue is: from whom does your roommate rent? If he rents from you--that is, you rent from the landlord, then you take  money from the roommate to let him effecively sublet or subrent from you--then you can evict your roommate. If there is no written lease and he is therefore a month-to-month tenant on an oral lease, you have the right to give him a month's notice terminating his tenancy and that he must move out; if he doesn't leave at that point, you can go through the eviction procedure for your state to have him removed. In the meantime, for your own safety, you may wish to consider living elsewhere other than your rental home (e.g. with friends or family) until he's out, if he looks like he may become violent.


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