Eviction Of Domestic Partner
Question: Can my boyfriend evict my children and me from a house we lived in together?
I need to have a question answered about a domestic dispute? My boyfriend and I have had our house in Southwest Michigan, since 2003. He wants to evict my children and me. This is the second time this has happened. Could you please let me know what my and my children's rights are? He is trying to use the landlord tenant issue; however there was never a lease. Thank you so much
Answer: Though this is a very difficult situation, I believe that he can use the Landlord Tenant laws to evict you. This is not a normal use of such laws, but probably legal. Generally, a person invited onto property to live there would under Michigan law be called a Tenant at Sufferance. The Michigan statute would call for you to be given a 30 day Notice to Quit, and then Court action could be brought. If you were paying rent and quit paying rent, then he would only have to give you 7 days Notice to Quit and then could bring Court action. Of course the long term solution is that you have to find another home for you and your children.
Attorney: Mark Miller
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