If I served a 30 day notice to my tenant and they moved out, can they move back in for the remainder of the 30 days?

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If I served a 30 day notice to my tenant and they moved out, can they move back in for the remainder of the 30 days?

I served a notice to quit termination of tenancy eviction to someone living in my home rent free. They moved out the next day; all their items gone. Now today I have a voice mail saying they have 30 days and are moving back in. Can they do this after they already took out all their personal belongings?

Asked on November 30, 2011 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you gave your former tenants a thirty day notice to terminate their lease and if they are in arrears for past due rent, they cannot legally move back into the rental once they have vacated.

If the former tenants are current on their lease and ended up moving out before the end of the thirty day time period, then they legally can move back in since they have paid for the entire period within the notice.

I suggest that if the tenants owe you money for back rent and have moved out, that you start getting the unit ready to rent out again and change the locks.


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