If my ex-husband is letting his uncle stay in a trailer in the back yard, can I evict him?

My ex is letting his uncle stay in a trailer in the back yard. The guy has been told repeatedly to leave. I am buying my ex-husband out of the house and he is leaving but his uncle refuses to leave. Do I have to evict him or can I just call the police and have him removed?

Asked on April 2, 2018 under Real Estate Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If this uncle has paid rent or a form of rent (paid the utilities, worked around the property, etc.) , then he is a tenant which means that he must be legally evicted, so you will need to file for an "unlawful detainer" action. If he has not paid any rent and has only been there less than 30 or so days, you can just remove him as he is nothing more than a tresspasser. However, if he has been on the property with permisssion for more than 30 days, then he is a licensee and to remove him you will need to file for an "ejectment". This is like an eviction but quicker. At this point, you may want to consult directly with a local attorney; they can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If this uncle has paid rent or a form of rent (paid the utilities, worked around the property, etc.) , then he is a tenant which means that he must be legally evicted, so you will need to file for an "unlawful detainer" action. If he has not paid any rent and has only been there less than 30 or so days, you can just remove him as he is nothing more than a tresspasser. However, if he has been on the property with permisssion for more than 30 days, then he is a licensee and to remove him you will need to file for an "ejectment". This is like an eviction but quicker. At this point, you may want to consult directly with a local attorney; they can best advise you further.


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