Quote:
Originally Posted by Spartanjd01
Raise your hand if you practice any landlord - tenant law? Nobody?
You have an oral lease for an undefined period of time. The law infers that this oral lease may be terminated by either party (for any reason) on 30 days notice. You must give him 30 days notice that he has to move. If he does not, then you will need to file suit and receive a judgment for possession (another 10-14 days) which will allow you to get a writ of eviction (10days) and be acted upon by a court officer (if you pay them, in another few days, unless you are in city of Detroit, then up to a month). You can also serve him a 7 day notice of non-payment of rent and if he does not pay the rent in 7 days, you can file suit for possession at that point, but if he pays after you get the judgment (within 10 days) then you can not evict him.
I would give him the 30 day notice he requested and tell him that if he is still there on September 1st, you will sue him in small claims for the rent, even if he moves in 30 days.
You can find the forms by going to Michigan.gov and following links to Michigan Courts, then Trial Courts, and then forms - landlort/tenant
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How do you prove an oral contract? What if he lies and says he had no gauranteed agreement? What if he changes the locks and sells all his crap on craigslist or eBay?
And what if he gets 2QP to agree that there was no agreement?
I mean, if I say to a friend "you can stay here a couple months just help out with the bills" am I obligated to keep the guy there until I give him a 30 day notice?
And small claims can cost close to $100....and then you have to find a way to get the money....which he already admits he owes. So that seems like a worthless path. Unless he has a job or a bank account you know of.