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I have a family member who needed a home so I wrote up a…

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I have a family member...
I have a family member who needed a home so I wrote up a make shift contract for them to rent my home, signed by both of us but it was never witnessed or taken to courthouse to become a legal document. She has now quit paying rent after 2 months. Do I have to legally evict her? Also I bought the house on land contract so there is no subleasing. Can I lose my home over renting to her?
Submitted: 4 months ago.Category: Real Estate Law
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11/27/2017
Real Estate Lawyer: Richard, Lawyer replied 4 months ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,579
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Real Estate Lawyer: Richard, Lawyer replied 4 months ago

Good morning. You won't need to lose your home over renting to her, but you will, unfortunately, be required to go through the legal process to get her out. Unfortunately, if she will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. Even if there wasn't a legally enforceable lease, she is considered an “at will” tenant and treated legally as a month to month tenant. Because she is in default of your arrangement, if she won't 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 her. 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.

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!

Thank you so much for allowing me to help you with your question. 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 Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Real Estate Lawyer: Richard, Lawyer replied 4 months ago

Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard

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Richard
Richard, Lawyer
Category: Real Estate Law
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Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

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