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Loren, Attorney
Category: Legal
Satisfied Customers: 28521
Experience:  30 years experience representing clients.
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I am wondering if I need to go through a legal eviction process

Customer Question

I am wondering if I need to go through a legal eviction process to ask my 21 year old daughter to leave the home. She never paid rent.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: We live in Michigan.
JA: Please give me a bit more information, so we can help you best.
Customer: what more information do you need?
JA: Is there anything else the Lawyer should be aware of?
Customer: I cannot think of anything. We have rules: she needs to be home at one at night and stay home two days a week. She does not want to follow these.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Legal
Expert:  Loren replied 5 months ago.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.Have you asked her to vacate voluntarily? Have you offered to give her any financial assistance to help her to move ("cash for keys")?
Customer: replied 5 months ago.
yes. I said i would pay for her car insurance for a month, she can take the car, we will pay for healthcare, and tuition. she is staying at a boyfriend's parent's home.
Customer: replied 5 months ago.
the boyfriend is 20 he has a part time job.
Expert:  Loren replied 5 months ago.
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. Unfortunately, anytime you allow someone to establish residency you need to go through the court to make them leave if they refuse. Even if the do not pay rent you still need to give one month's notice to leave. Then, if they do not leave after the month is up, you will need to file in court for a judge to issue an ejectment to have her removed from the house.
Expert:  Loren replied 5 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Customer: replied 5 months ago.
ok. Do I need to file the notice in a court?
Expert:  Loren replied 5 months ago.
No, you would just give it to your daughter. Save a copy to attach to your complaint if you need to go to court after the one month notice period expires.
Customer: replied 5 months ago.
Does it need to a witness or notary?
Expert:  Loren replied 5 months ago.
Customer: replied 5 months ago.
Ok thank you very much.
Expert:  Loren replied 5 months ago.
You are very welcome. If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.
Expert:  Loren replied 5 months ago.
Did you have further questions before you rate my service?

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