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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have my son and s girlfriend living in m home there is

Customer Question

i have my son and his girlfriend living in m home there is constant drama and cussing and verbal abuse...my husband has as of wednesday 16 september 2015 passed away and we had a funeral on the 16th ... i can't mourn because if i want to lay down to cry for just mourn she gets an attitude and tell me i need a diet pill because i am a fat c*#t, i am a plus size woman but losing weight...she is poison my friends will not come around because of her how soon can i get her evicted i told her to leave and she told me to fing evict her. HOW I HAVE NO MONEY
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn of your loss, please accept my condolences.

An eviction is actually not very expensive, and it doesn't take very long. Generally from the time of filing to the time of getting a forcible eviction is 1-3 months depending on the backlog of the court, the sheriff's department, and most importantly, whether or not the tenant/occupant shows up to defend against the action.

You can take a couple of steps to help ensure you don't have any problems, when you serve the summons and complaint, hire a process server (your local bar association can give you referrals), do not rely on a friend or family member for this part.

For self help in Michigan, see this site: http://michiganlegalhelp.org/self-help-tools/housing/eviction-what-it-and-how-does-it-start

For a pay for use site (that puts all of the documents you need together in one place), see this site: http://www.landlordguidance.com/eviction-notice-forms/michigan-eviction/

For more general landlord/tenant questions (and some helpful contact information and resources), see the MI Attorney General's landlord/tenant handbook: http://www.legislature.mi.gov/publications/tenantlandlord.pdf

For the general procedure:

Terminating a tenancy-

1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property).

2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge.

3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction."

4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").

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