If my motherdied andI have full survivorship rights for her mobile home, how can I get the person out who is living there?

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If my motherdied andI have full survivorship rights for her mobile home, how can I get the person out who is living there?

My mother died 2 months ago and this person was supposed to be out the end of last month. She is not even registered with the park office. She is trying to be a squatter. She hasn’t been paying lot rent. I just found out the money is coming out of my mom’s estate. She has been living there for free. I need to get her out so I can sell the mobile home. She won’t leave. Can I go in and remove her things? She has lived there for 2 months.

Asked on June 8, 2011 under Real Estate Law, Michigan

Answers:

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

Answered 10 years ago | Contributor

It's not clear if she ever paid rent or not. If she did at one point, even if she stopped, she will be considered to be a "tenant".  However if your mother invited here to come and stay with her and this woman simply never left, then she will be considered to be a "licensee" (that is someone who was invited to live on the premises by the owner). In either event you must give her a notice to quit (typically 30 days and in writing). If she still remains after the vacate date then you will need to file an "unlawful detainer" action (i.e. eviction).

At this point you should discuss your case with an attorney that specializes in landlord-tenant matters.  You need to make sure that you follow all formal procedures for a legal eviction. So don't use any self-help such as attempting to lock her out, shutting off utilities, or removing her belongings. Otherwise you could fing yourself on the wrong side of a civil suit or even criminal action.


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