How to Evict Someone Who Lives With You in Michigan

Evicting a person who lives with you can be a challenging and emotionally charged process. Whether it’s a family member, friend, or tenant, it is essential to understand the legal requirements and procedures to successfully evict someone in Michigan. This article will guide you through the necessary steps and provide answers to frequently asked questions regarding eviction in the state.

1. Understand the Legal Grounds for Eviction:
Before starting the eviction process, it is crucial to have valid legal reasons. Common grounds for eviction in Michigan include non-payment of rent, violation of lease terms, illegal activities on the premises, excessive property damage, or a lease agreement that has expired.

2. Serve a Proper Notice:
The first step in evicting someone is to serve them with a written notice. The type of notice required depends on the reason for eviction. For non-payment of rent, a seven-day notice to quit is necessary. For lease violations, a 30-day notice to quit is typically required. Make sure to serve the notice personally or send it via certified mail with a return receipt.

3. File a Summons and Complaint:
If the person does not vacate the premises after the notice period ends, you will need to file a summons and complaint with the district court. The court will schedule a hearing, and both parties will have an opportunity to present their case.

4. Attend the Court Hearing:
At the hearing, you must provide evidence supporting your claim for eviction. This can include written notices, lease agreements, photographs, witness statements, or any relevant documentation. If the court rules in your favor, a judgment of possession will be issued, and the person will be given a specific deadline to move out.

5. Obtain a Writ of Eviction:
If the person still refuses to leave after the judgment of possession, you must request a writ of eviction from the court. The writ authorizes the local sheriff’s office to physically remove the individual from the property. Once the writ is obtained, the sheriff will schedule a date for the eviction.

6. Execute the Eviction:
On the scheduled eviction date, the sheriff will arrive at the premises and enforce the eviction order. It is essential to allow the sheriff to handle the situation and avoid any confrontations or personal involvement. Once the person is removed, change the locks to ensure they cannot re-enter the property.

7. FAQs:

Q1. Can I evict someone without a written lease agreement?
A1. Yes, even without a written lease, a person is considered a tenant if they pay rent or contribute to household expenses. The eviction process remains the same.

Q2. How long does the eviction process take in Michigan?
A2. The eviction process can vary depending on the specific circumstances and court availability. Generally, it can take anywhere from a few weeks to several months.

Q3. Can I evict a family member or friend who doesn’t pay rent?
A3. Yes, you can evict a family member or friend who doesn’t pay rent. However, it is important to follow the proper legal procedures to avoid potential legal complications or strained relationships.

Q4. Can I change the locks to prevent the person from entering?
A4. No, you cannot change the locks without going through the legal eviction process. Doing so can be considered an illegal eviction and may result in legal consequences.

Q5. Can I evict someone during the winter months in Michigan?
A5. Yes, you can evict someone during the winter months in Michigan. There is no specific law preventing winter evictions, but it is recommended to consider the potential hardships the person may face and act accordingly.

Q6. Can I remove the person’s belongings from the property?
A6. No, you cannot remove the person’s belongings from the property without following the proper legal procedures. Consult with an attorney or the court for guidance on handling personal belongings.

Q7. What if the person refuses to leave after the eviction?
A7. If the person refuses to leave after the eviction, you may need to involve law enforcement to enforce the eviction order and remove them from the property.

In conclusion, evicting someone who lives with you in Michigan requires following the proper legal procedures and obtaining a court judgment. It is crucial to understand the specific grounds for eviction and serve the necessary notices to initiate the process. If you encounter any legal complexities or uncertainties, consulting with an attorney experienced in landlord-tenant law is advisable.