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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54554
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My 33 year old daughter came to visit 3 1/2 years ago and she

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My 33 year old daughter came to visit 3 1/2 years ago and she is still living with me and my husband. Normally this would be great but my daughter is an alcoholic. Over the course 3+ years we have seen her through rehab, counseling, sobriety court and jail. It doesn't seem that my home is the best place for my daughter. She has not gotten better but worse.
From our local police I was informed that I have to legally evict my daughter and that we just cannot ask her to leave. What do I need to do? I live in the state of Michigan and the county of Oakland. My husband and I are both retired and on limited income. Any help will be appreciated.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Hi there. My name is ***** ***** I look forward to helping! Unfortunately, if she will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 30 days. If she does not leave voluntarily, under Michigan law, you will then need to give a 7-Day Notice to Quit...meaning she must vacate the premises within that period or face formal eviction. Then, if she still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move her stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. In the interim, if she poses any threat to your person or property, you can get a restraining order to get her out of the house immediately while the eviction process runs its course. This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force her out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Expert:  Richard replied 1 year ago.
I just wanted to let you know that I will be away at a meeting for the next hour or so. Should you have a further follow up, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.
Expert:  Richard replied 1 year ago.
Hi there. Just wanted to let you know I've returned. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

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