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My daughter came to stay temporarily, now won’t leave or return key. My
lease is up 28 Feb and I am moving out.
Asked on February 24, 2018 under Real Estate Law, Michigan
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
You need to remove her by a type of legal action commonly called an "ejectment" (though your state may have a different name for it), which can thought of as "eviction for non-tenants"--if your daughter is not subletting from you or paying your rent, she is not a tenant.
You need to do this NOW because otherwise, the landlord can hold *you* liable for your daughter "holding over" and not vacating: a tenant is responsible for the actions of his/her gifts. Therefore, you could be charged by landlord for additional rent beyond the end of your own lease and you moving out, if your daughter remains behind.
Even though this is not an eviction per se (since properly speaking, "eviction" is for tenants), it's still something that landlord-tenant attorneys are generally familiar with. Retain a landlord-tenant attorney to help you right away, to get your daughter out as soon as possible.
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