Can a resident in a house owned by a Trust evict another resident?
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Can a resident in a house owned by a Trust evict another resident?
The Trust owns the residence and has given Individual 1 permission to reside indefinitely. When Individual 1 vacates the house will be sold and the proceeds divided among the heirs; Individual 1 is not an heir. Individual 2 lives in the house with Individual 1, with permission from Individual 1. Individual 2 is an heir to the Trust. Can Individual 1 serve a notice to quit and begin eviction proceedings against Individual 2?
Asked on June 16, 2019 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If we understand you correctly, you write that only Individual 1 has the owner's (the trust's) permission to reside in the house and that Individual 2 does not have the permission of the trust, but only of Individual 1. If that is correct, then Individual 1 can eject (eviction for nontenants) Individual 2 because 2 has no right to live there other than 1's permission; but a person who themself has a legal right to live someplace (like Individual 1) can withdraw permission they give to another person to live there at any time. If Individual 1, who is the source of 2's permission to live in the home, withdraws his permission, then 2 has no more right to reside there and must leave; if 2 does not, 1 can remove them. As stated, it would not be an eviction action or the procedure for evicting a tenant; this would be the procedure for evicting a guest (which is what 2 is: 1's guest), which is different and which traditionally was called an action "for ejectment."
If we misunderstood you and 2 has the trust's permission, then 1 cannot remove 2, since in that case, 2 has the owner's permission and is not dependent on 1's permission to stay.
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