Legal Question in Landlord & Tenant Law in Michigan

Mentally Ill Son

my 33 years old son has been living with my husband & I for 10 months. When he asked to move in last August it was under the condition that it be for 1 month until he got a job and could support himself. But once he got the job he asked if he could just pay us rent and stay for 3-6 months until he could save some money. So we agreed to $100.00 a week for 6 months. Well he only kept his job for a couple of months and has been unemployeed since before Christmas. I am very sure after talking to individuals from Mental Heath that my son has a mental illness. Last week he went into our dresser drawers in our bedroom and took all of our medication. He denies it but we know that it is him. We have asked him to leave saying he can no longer live with us because he has broken all of our trust and our rules. He pretty much just uses our house as a place to hide out at, sleeping most of his days away. Today we locked him out of the house (he is living in the attached garage) we told him no food, no use of facilities. We were given this advice so that we can see what his reaction his, hopefully he will get help. The police say that is illegal for us to do this. That if he breaks into our house there is nothing they can do.


Asked on 6/04/07, 3:26 pm

2 Answers from Attorneys
Christopher Sevick Law Office of Christopher Sevick, PLC

Re: Mentally Ill Son

Your son appears to have been a tenant at your home. It does not matter if he pays rent or not as to his status as the tenant and the rights he may have.

Your "self-help" of locking your son out is not the correct way. You must serve him with a 30 day notice to vacate the home and if he fails to do so you may take him to court and file. I would encourage you to contact an attorney familiar with real estate law. You may see if your local library or State Representative at the Michigan House of Rep. can provide you with a booklet called "Tenants and Landlords, A Practical Guide" which may assist you in this procedure as well.

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Answered on 6/04/07, 4:13 pm
Francois Nabwangu Wright Cantrell PLLC

Re: Mentally Ill Son

You can petition the court for a guardianship over your son concerning his mental health status. Additionally, in an emergency you can request mental health officials to file an involuntary hospitalization petition so that he gets the help he needs.

You need to seek professional counsel in many areas before this situation gets out of hand.

Yours truly,

Francois M. Nabangu, Esq.

http://fnabwangu.googlepages.com

(please call with any additional concerns or questions)

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Answered on 6/05/07, 10:39 pm


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