Eviction in michigan

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Eviction in michigan

If someone is living with another
person in michigan are they allowed to
kick them out with no warning

Asked on January 4, 2017 under Real Estate Law, Michigan

Answers:

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

Answered 4 years ago | Contributor

You give no details here such as is this person a guest, a roommate, etc? If this person is your roommate and is paying rent (which includes covering utilities, food, etc.) and you have a written lease agreement with them, you can evict them but only for non-payment, breach of lease terms; threatening you or stealing from you, or intentionally damaging the premises or your property; for denying you the ability to "quietly enjoy" the premises; or "holding over (i.e. staying after their lease with you is up). The only way to legally evict a tenant is through the courts; you can't simply change the locks, etc. If the roommate pays you rent but there is no written lease, they are a month-to-month tenant. In that case, in addition to evicting as outlined above, you could provide 30 days notice that you are terminating the tenancy. If they fail to move out when you lawfully demand, you would then bring an eviction case (i.e. "unlawful detainer"). Again, take no self-help eviction measures; go through the court system. If this person is not paying rent (e.g. a friend or significant other you are letting stay with you), then they are a guest. You can ask a guest to leave at any time, for any reason. If they do not vacate they then become a trespasser and you can ask the poilice remove them. That having been said, the police will sometimes refuse to help in such a situation if the roommate claims some right to be there. In that sace they will deem it a matter for the civil courts, so you would bring an "ejectment" action (it's like an eviction but or a non-tenant). Remember, never take the law into your own hands, so don't don't try to remove this person yourself, otherwise you may be on the receiving end of a suit for unlawful eviction/ejectment. At this point, you may want to consult directly with a local attorney.
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