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Jane Doe Deer
Jane Doe Deer, Attorney
Category: Legal
Satisfied Customers: 3864
Experience:  Atty. 27+ years; Plain English answers to family law, employment, landlord-tenant, & other questions
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how to evict an adult child that is not paying rent

Resolved Question:

how to evict an adult child that is not paying rent
Submitted: 3 years ago.
Category: Legal
Expert:  Jane Doe Deer replied 3 years ago.

Thank you for contacting Just Answer. I look forward to assisting you. If you started this question in "chat" mode I may have switched you to "question and answer." I sometimes have technical problems getting "chat" to work for me, plus it's hard to read and write in that mode.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.

 

Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

I need the following information before I can answer your question:

 

Is the "adult child" living with you, in your apartment/house?

 

Do you have a written lease or rental agreement, or nothing?

 

Has rent ever been agreed to?

 

I'll look forward to hearing from you,

 

Jane Doe Deer

Customer: replied 3 years ago.

The Adult child is living in my house without any written lease or rental agreement.

Their has not been any discussion of rent. She is 18 years old and is constantly drinking in the house when I am not here.

Expert:  Jane Doe Deer replied 3 years ago.

I am so sorry. These things are so difficult!

 

You will need to deal with your daughter as though she is a stranger who was renting a room from you and stopped paying rent.

 

That means you do everything in writing from now on, and keep copies. Everything you write should be dated and signed.

 

If you would let her stay if she stops drinking, then have her sign a landlord/tenant agreement (you can buy these at places like Office Depot, Staples, etc, usually - call first - or download them).

 

If you want her to leave regardless, you will need to give her written notice under the landlord/tenant law.

 

Here is a starting point for information: http://www.michbar.org/generalinfo/libraries/ltlaw.cfm

 

Technically, your daughter is not a "tenant" as defined by the law, because she doesn't pay anything.

 

I'd still follow the standard eviction law, which requires a court to issue an order.

 

Fortunately, Michigan has an on-line guide that will give you better step by step instructions than I'd have room for here: http://rhol.org/csu/evictions/Michigan/MichiganSteps.htm

 

Best of all, that website has all the eviction notices you need, for free! (Just scroll down the page to the end to find the forms).

 

May I be of any further help? If so, just write back!

 

All my best,

 

Jane

Jane Doe Deer, Attorney
Category: Legal
Satisfied Customers: 3864
Experience: Atty. 27+ years; Plain English answers to family law, employment, landlord-tenant, & other questions
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