If my tenant did not return signed lease and is 8 months behind in rent, what are the eviction procedures?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my tenant did not return signed lease and is 8 months behind in rent, what are the eviction procedures?

Tenant was a friend who also worked for me since 05/10. He quit 2 weeks ago and is claiming he has 60 days to move out. He has not paid rent since last July. I discovered right before he quit that he was stealing from the company so I will be filing criminal charges in TN but the home is in MI. From what I have determined he is $7000 behind on rent and put over $2000 on the company credit card for personal items. He also took the laptop and printer and damaged the company vehicle he had. I have no signed lease agreement. What do I have to do to remove him from the residence.

Asked on February 27, 2011 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have no written lease with him then he is considered under the law as a month to month tenant.  I would STRONGLY suggest that you seek help from an attorney in Michigan to evict him from the residence. You need to PROPERLY serve a 30 day notice.  Regardless of his moving or not you want to evict him so that you have an order allowing you to reenter the premises and you want a judgement against him at the same time for the back rent and any damage to the apartment.  You will probably not be allowed to bring up the lap top or credit card or truck issue.  The court does not have subject matter jurisdiction to determine these issues.  They will be a separate case in another court.  Maybe some of it in the criminal court proceeding under restitution.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption