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Old 08-25-2008, 10:05 AM   #62 (permalink)
chachi
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Join Date: Sep 2004

Posts: 14,576

My Spartan is
Mark Dantonio
Quote:
Originally Posted by Spartanjd01 View Post
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
This is the answer.

FTR - If a girl spends a night or two at your place and moves ANYTHING in she may also be able to make this claim whether she has agreed to pay anything or not... at least in MI.
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