Michigan Laws on Evicting an Adult Son

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Evicting adult child tenants is a process Michigan parents likely want to avoid. Unfortunately, sometimes it’s inevitable. To do so, parents in Michigan must follow the state’s landlord-tenant laws. This is true whether or not the adult children pay rent or whether the parents are renting or own their home.

Can Parents Evict Adult Children in Michigan?

Michigan eviction laws don’t distinguish between family members and friends who’ve outstayed their welcome and formal tenants who have a written lease with a landlord. Parents must take on the landlord role and go through a formal eviction process to get adult children out of the house.

Landlords, even unofficial landlords like the parents of adult children, face harsh consequences in court for illegally changing the locks or moving their children’s belongings out of the house.

How to Evict an Adult Child Who Doesn’t Pay Rent

Some parents feel helpless because their adult child does not pay rent. They don’t know how to start the process of evicting adult child tenants because there doesn’t seem to be a lease violation. Michigan law treats these tenants in the same manner as formal tenants who are on a month-to-month lease.

Eviction begins when the parents fill out two copies of Michigan Form DC 100c, Notice to Quit to Recover Possession of Property. The parents fill out one and give it to the child and keep one for their own records.

This notice must be delivered to the adult child or to another adult resident who can pass it on. The notice can also be mailed. It officially informs the child that the tenancy is ending on a particular date. By Michigan law, the notice must be delivered no less than 30 days preceding the next full calendar month from that date. So, if the notice is delivered on August 4, the move-out date can’t be earlier than September 30.

Avoid Eviction Interruptions

Unfortunately, some children don’t leave their parents' home when asked. They come up with excuses or simply refuse to go. They might even look for loopholes in the law to draw the proceedings out. Parents should refuse any financial or physical help from the child after they’ve served a Notice to Vacate because the court might see it as an agreement to exchange lodging for rent, food or help around the house.

Eviction Process in Michigan for Nonpayment

What about children who do pay rent? The eviction process in Michigan for nonpayment also requires parents to go through formal eviction proceedings. In this case, the parents fill out Michigan Form DC 100a Demand for Possession Nonpayment of Rent. Known elsewhere as a 7-day notice to quit, this notice gives the tenant seven days to pay or face eviction.

Full payment stops the eviction process. In these situations, parents must accept full payment of rent if offered, but do not have to accept partial payments or work, groceries or other potential substitutes.

A 7-day notice is also used in situations where adult children:

  • Cause damage or create an unhealthy environment (Form DC 100b).
  • Commit illegal drug-related activity (Form DC 100e).
  • Violate certain laws relating to the use of mobile homes (Form DC 100d).

Filing for an Eviction Hearing in Michigan

Some adult children ignore a notice to quit and force their parents to take them to court. When this happens, the parents must go to the court located in the same county as the residence and file a complaint relating to the type of eviction they are seeking:

  • Complaint to Recover Possession of Property (Form DC 102c).
  • Complaint, Nonpayment of Rent (Form DC 102a).
  • Complaint, Damage/Health Hazard to Property (Form DC 102b).
  • Complaint, Termination of Tenancy, Mobile Home Park (Form DC 102e).

They must also serve a summons (Form DC Form 104) once the hearing is set. The parents must serve the child within three business days of the hearing. This can be done by mailing the summons by return-receipt mail, using a professional process server or posting the summons at the residence. Adult children sometimes avoid service, requiring their parents to file for a later hearing and serve them a second time.

However, if a child doesn’t show up to a hearing, the judge often grants a summary judgment to the parents and orders the child to leave the property. If the child still does not leave voluntarily, the parents must file an Application and Order of Eviction, which allows law enforcement to escort the child from the property.

The eviction process in Michigan for nonpayment of rent or eviction of adult child tenants takes time and effort, but it pays to do things by the book. Parents who need immediate relief from an abusive situation with an adult child should talk with law enforcement about other options.

Read More:How to Evict an Adult Child