Legal Question in Real Estate Law in Michigan

what are my rights

I am a homeowner,a''friend'' needed a place to live for awhile as to not end up in the mission. I let her stay in my 2 bedroom home with my 4yr. old son and I. She moved in on Sept.2000 and I kicked her out Jan.20 2001. I told her, in both November and December she needed to find her own place to live, it was not working, her staying here. we had different values. The last straw, I found my mail, in her room(my son's room) opened, and things sent off from it. She is sueing me for kicking her out, where do I stand?


Asked on 2/26/01, 6:13 pm

1 Answer from Attorneys

Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: what are my rights

Your question does not indicate what she is claiming in her lawsuit. A number of possible claims could be made, depending upon the facts of the case.

If she was not paying rent and if the two of you did not have an agreement for her to pay rent, then she is merely a guest. Although tenants (those who have an agreement allowing them to stay in the premises in exchange for value)are entitled to a notice period before termination of the lease, notice usually is not required for a guest. If she was a tenant, then she would be entitled to receive a notice of eviction. If she failed to comply with the notice, then she could be removed only by a court order which grants you possession and upon the issuance of what is called a "writ of restitution". A court can issue a writ of restitution ten days after ordering that a tenant vacate the premises.

Additional facts are necessary to address this question. Inasmuch as you have been served with a Complaint, an Answer must be filed on your behalf; otherwise, a default judgment may be entered against you.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response.

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Answered on 4/24/01, 9:30 am


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