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Our Mom owns her own condo but her son had moved in and

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won't leave. We recently found...
Our Mom owns her own condo but her son had moved in and won't leave. We recently found out he is using meth and is most likely cooking it at her residence. He is known for being abusive and threatening to her and we want him out of her place ASAP and to keep her safe. What is our best way of doing so? If we get a PPO can he be removed from the residence immediately or do we still have to file eviction papers?
Submitted: 1 year ago.Category: Legal
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3/24/2016
Lawyer: Sam, Attorney at Law replied 1 year ago
Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27,011
Experience: More than 20 years of experience practicing law.
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Hello

This is Samuel and I will​ discuss this and provide you information in this regard.

Yes. I suggest getting a PPO is the most efficient process for a temporary removal. There will be a hearing and he can go to court and state why he should not be removed from the home. If the judge agrees with him, then he will be permitted back into the home. But in the meantime, your Mother would need to file eviction proceedings.

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Lawyer: Sam, Attorney at Law replied 1 year ago

So your Mother will need to hand him a written 30 day notice to vacate to start the eviction. She can do that before she files for the PPO or after it is served.

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Lawyer: Sam, Attorney at Law replied 1 year ago

After he has been given the 30 day Notice to vacate, if he does not, then she can go to court and get the documents need to begin eviction. When she applies for the PPO she needs to state that she is in fear of her safety and well being. She should be prepared to give examples of how he is threatening and she can state she believes he is cooking meth in her home and why.

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Lawyer: Sam, Attorney at Law replied 1 year ago

​Please let me know if you have other questions, need clarification or more information. Otherwise, a positive rating here ensures I get credit for my time and information.

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Customer reply replied 1 year ago
Do we have to physical give him the notice or can it be mailed. We are afraid of how he will react when she gives it to him. We don't want him becoming violent and with his drug use and history is totally possible
Lawyer: Sam, Attorney at Law replied 1 year ago

You can mail it to him, if you believe he will accept the mailed letter. And the letter can simply say something to the effect of This is a 30 day Notice t​o Vacate the premises of ADDRESS. A failure to do so will result in an eviction filed against you.

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Lawyer: Sam, Attorney at Law replied 1 year ago

If it is mailed, it should be done certified with a return receipt requested so that you can show he received it. Otherwise, if you are concerned for your safety, I suggest you can get the PPO and then ask the sheriff or other local law enforcement to "stand by" while the Notice is handed to him.

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Lawyer: Sam, Attorney at Law replied 1 year ago

You can make it a 7 day notice to vacate under Michigan law here at this LINK under (d)

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Lawyer: Sam, Attorney at Law replied 1 year ago

Your Mother also can use this form and she can check "other" and state that she does not want him there any longer because she is concerned for her well being.

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Lawyer: Sam, Attorney at Law replied 1 year ago

That form will allow her to mail it first class and then attest to the same in front of a Notary.

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