2006-11-03 03:53:27 · 30 answers · asked by miramira 2 in Politics & Government ➔ Law & Ethics
It's in the state of Michigan and the roomate doesn't really pay rent. The roomate is the estranged girlfriend of a friend.
2006-11-03 03:55:43 · update #1
He owns the house and she is living with him. He wants her out but she's been there for a year.
2006-11-03 04:01:11 · update #2
Pack their stuff and put it on the on the curb and change the locks, that's what I did!
2006-11-03 04:04:45 · answer #1 · answered by Cat 2 · 1⤊ 0⤋
This is not a criminal matter - it's a civil matter. In most states, the law says that as long as a person receives mail at a given address, they can legally claim that address as their legal residence. The owner of the house now has the burden of bringing a civil eviction action against the unwanted "tenant". Your friend has to go to the county courthouse, and speak with the Clerk of the Court, to get the appropriate documents, file them with the Court, and pay any associated fees for the filing(s). No cop has the authority to remove the unwanted tenant without a Court Order in hand. This mess can be cleared up, but only if your friend goes about it legally.
2006-11-03 13:29:45 · answer #2 · answered by happy heathen 4 · 0⤊ 0⤋
He owns the house - does she pay rent? Is her name on any type of lease or rental agreement ? I think if not ( in some cases maybe even if so) he can give her 30 days notice and out she goes.
She should just start looking for a new place. Its his house so he could change the locks on her - happened to a friend of mine. She went to work and couldn't get back in. Had to have a sheriff get her clothes.
Less friction and hassle- if she starts packing and just leaves on her own. Why stay where you aren't wanted?
2006-11-03 12:12:48 · answer #3 · answered by Akkita 6 · 0⤊ 0⤋
If he owns the house (or the lease is in his name) then he has the right to force her to move, unless he has given her a signed lease stating the terms of her living in his home and the rental amount she is to pay each month.
Now, if they have been living together as man and wife in a state that recognizes common law: she may have some sort of leg to stand upon.
She needs to contact an attorney. If she has no money she can contact the Legal Aid Society in the State where she resides.
2006-11-03 13:17:43 · answer #4 · answered by Anonymous · 0⤊ 0⤋
go to a district court and request a restraint order from the person trespassing. The is based on a non-relationship and the absence of payment of rent, bills, etc. Have the notice served to the person both at home and work. When notice is served, and as part of notice allow 48 hours for removal of all personal items. On the 49th hour change the locks. Be prepared for, as the court would advise, for a protection from abuse order to be issued following the lock changing.
2006-11-03 12:36:46 · answer #5 · answered by jerry g 4 · 0⤊ 0⤋
I had the same problem, what you need to do is find out if shes on the lease or not. Also find out if they have some sort of contract between them that states that she agrees to pay a portion of the rent. By law you just cant kick someone out. I think you have to give them a 30 day written notice. If there is a contract or a leasing arangement between the two of them then you can get her out. I f shes on the main lease through the appartment complex then as long as they are getting their rent theres nothing that they will do. If there is no sort of contract arrangement with her name on it then just make her leave. A word of advice " Always get it in writting"
2006-11-03 12:26:59 · answer #6 · answered by wlissa_sweet 2 · 0⤊ 1⤋
If she pays board or any part of the expenses, he must give her a 30 day notice. After that he can have the police escort her out. If she pays no expenses and is just an extended guest, he can ask her to leave immediately. It would be common courtesy in this case to give her a week to find somewhere else to live.
2006-11-03 12:09:16 · answer #7 · answered by sloop_sailor 5 · 0⤊ 0⤋
It doesn't matter if the person's name is on the lease. That person has established residence at that address and therefore the proper channels would have to be used to get that person out. You start by giving that person 30 days notice. Then if the person doesn't want to move out within that time period you have to start eviction proceedings. It may come down to the local sheriff having to escort that person and her belongings out of the residence. And it will be a court process as well.
2006-11-03 12:11:27 · answer #8 · answered by FaerieWhings 7 · 0⤊ 0⤋
If the person is not paying rent then they are not a roommate and you can ask them to leave, if paying rent, most states say you have to give a 30 day notice in writing.
2006-11-03 12:01:47 · answer #9 · answered by Andrea 2 · 0⤊ 0⤋
She has no legal right to stay there now that her invitation is "rescinded." Contact your local police department and have an officer witness your friend "serving" the girlfriend with a notice of no trespass. Then have the officer remain on the scene until she's removed her stuff and left the premises.
2006-11-03 12:12:56 · answer #10 · answered by Anonymous · 0⤊ 0⤋
Go to the courthouse and pay like 80-100 dollars and get an eviction notice for her....The police will show up and give her the citation and she will have to appear in court...If she's smart she will just go before it comes to that because it will go on her renting record and she will have problems finding an apartment good luck I had to do that myself a time or two....
2006-11-03 12:12:39 · answer #11 · answered by MiZaLiTy 3 · 0⤊ 0⤋