Do I need to legally evict someone that I said could hunt on my property?

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Do I need to legally evict someone that I said could hunt on my property?

I said a friend of my stepson could hunt on my property and use the camper thinking it was just for that hunting season. It has now been 8 years and he has changed the locks on my camper. I replace his locks with my own he removes them. I do not have a phone number for him I just keep leaving notes saying he no longer can use my property and to call me but he ignores them.

Asked on December 21, 2011 under Real Estate Law, Michigan

Answers:

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

Answered 9 years ago | Contributor

At this point this person had attained the legal status of "licensee" (at least in most states). In other words, as a long term guest they must be treated as a tenant would be in such a situation. This means that you must serve them legal notice to vacate the property. If they fail to do so by the date specified in the notice then you will have to file an "unlawful detainer" (i.e. eviction lawsuit). Once the court issues a writ of possession (or your state's equivalent), if they still fails to leave you can have the sheriff remove him for you. In the meantime do not be tempted to take any self-help measures such as moving his belongings, changing the locks, etc. He can sue you if you do.

By the way if he tries to claim adverse possession or "squatter's rights", he can't. He was on the property with your permission. So he could not have attained any ownership rights.

At this point, you should consult directly with an attorney in your area who specializes in landlord-tenant cases.


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