My mom is doing anything she can to evict me, what is the process she has to go by?

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My mom is doing anything she can to evict me, what is the process she has to go by?

We have no agreement for rent, and now she is also trying to give me a paper saying I owe her in back rent, is she legally able to collect money from me?

Asked on August 3, 2010 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) No one can retroactively force you to pay rent; you have to have an agreement to pay before the rent is due. If there was an oral agreement between the two of you for rent, that may be enforceable; or if there is something written where you said you'd pay some rent or expenses, that, too, might be enforceable. However, otherwise, she cannot unilaterally make you liable for back  rent.

2) She can evict you, however, by using the regular eviction process. She'll need to serve you a notice to quit or leave the premises, which typically gives you a few (statutorialily determined) days to do so. If you don't go, then she can go  to court for an order evicting you. She can't simply change the locks or  otherwise evict you without going to court.


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