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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54026
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My daughter and son in law are living in my house and are paying

Customer Question

My daughter and son in law are living in my house and are paying me rent(?) equaling my monthly house payment. We have no signed agreement of any kind for between them and my wife and I as homeowners. Yesterday my son in law and daughter said that we have to give them 3 days notice before we can be allowed to go inside of our home. They have pretty much let the place turn into a pig-sty. We live Michigan and we are wanting to know if there is such a law. Thanks. Dan & Germaine Hinds
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Good morning. My name is ***** ***** I look forward to helping you. Unlike many states, Michigan has no specific law regarding the time period. Although the tenant does have the right to the exclusive peaceful and quiet enjoyment of the property, the landlord does have the right to inspect provided the landlord has given the tenant "reasonable notice." Typically reasonable notice is 24 hours, not 3 days. Also, you do have leverage to terminate their tenancy. But, if they won't leave voluntarily, you would need to go through the legal process. When there is no lease, the occupants are considered “at will” tenants and treated legally as month to month tenants. As such, you can terminate this tenancy by giving written notice of at least 30 days. If they do not leave voluntarily, under Michigan law, you will then need to give a 7-Day Notice to Quit...meaning they must vacate the premises within that period or face formal eviction. Then, if they still have 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 their stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. 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 them 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! 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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