Legal Question in Real Estate Law in Michigan
Sorry to have to evict my brother's family
My brother and his wife and 4 children moved into my house in August because they lost theirs for non-payment. Since then, they have kept NONE of the agreements they made with me which were condition of their being able to stay here. I want them out, and asked them to find other accommodations before Thanksgiving. Do I have to file a legal notice to quit if they are not tenents? They had agreed to help share expenses, but are not keeping up their end of things. I am a widowed mom of a young child and cannot afford (in any sense of the word) to have them continue living here. What should I do?
1 Answer from Attorneys
Re: Sorry to have to evict my brother's family
If a person has a guest, and said person asks that guest to leave, and said guest refuses, then said guest becomes a tresspasser. One might ask the police to remove tresspassers.
If a person allows another person to occupy a space and asks for consideration (consideration could be anything from money to service in barter) for said use of space then said person might be a tenant. Were that the case, if said person was not providing the consideration as agreed, a 7 day notice would be appropriate, and then on to court. If the person was materially providing the consideration (and there is no written lease) then that person would be a "tenant at will," and a 30 notice to quit would be appropriate, and then on to court.
In your situation, it sounds like your family might be guests.
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