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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36226
Experience:  Attorney over 16 years, landlord 26 years
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My son is a room mate in a house he has paid rent etc..on

Customer Question

My son is a room mate in a house he has paid rent etc..on time for 6 months. All cash. No receipts. He is not on the lease as a room mate to tenant. He was served an eviction notice (not a court order, a notice that cost one dollar) on Dec 20 that says he has to be out Jan 20. No reason other than the new girlfriend does not like him. We live in MI. Questions are:
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Michigan
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: My son is not on the lease. He is a room mate of the Lessee. The person on the lease is evicting him for no reason.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this time
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and-type out an answer or reply, but rest assured, I am working on your question.

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If son moved into the tenant's dwelling, then he is a subtenant and the tenant is actually his landlord. Under Michigan law, if there is no written lease, then this is a month to month tenancy and either party can terminate the tenancy with a written 30 day notice. See Mich. Comp. Laws § 554.134

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If son doesn't vacate, then the tenant (his lanldord) will have to file a formal eviction action in court to get a judgment and a writ against him that the sheriff will execute to force son to move out.

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So if your question is can the tenant evict son, the answer is yes as long as he follows the proper legal process to do so.

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thanks

Barrister

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