When two people enter into a binding contract over a home or apartment, whether oral or written, the two form a landlord-lease relationship. In Michigan, the eviction process is covered under the Michigan Landlord Tenant Act. If you want to evict an adult son that lives with you, or lives in a rental property that you own, then you must follow the law carefully.
Reasons for Eviction
Michigan law requires that you have a valid reason for evicting your son. His failure to pay rent on time is the primary reason for eviction. You also have the right to file for eviction based on health hazards, or if your son brings illegal drugs into the home. Michigan also allows evictions to landlords that decide to terminate the contract. If you decide to evict based on a contract termination, then you must give your son notice based on your lease, which is 30 days for a month-to-month lease.
Michigan Eviction Notice
In Michigan, the eviction notice is referred as a "notice to quit." The notice explains the reason for the eviction in clear, easy to understand language and lists a date the eviction takes place. In the notice, you must give your son a set number of days to make amends or leave the premises. For health hazards and back rent, you must give him seven days. He then has seven days to pay rent or make changes to the premises and cancel the eviction. A 30 days notice is typically used when you break a month-to-month contract, or if your son broke the lease agreement you made together. The notice is posted on your son's door, sent by certified mail or given to him in person.
Finishing the Eviction
If your son fails to leave the residence by the date listed on the eviction notice, then you have the legal right to file for eviction in Michigan court. The Complaint for Eviction must be filed in the court in the area where your son lives. The court schedules a date for you and your son to meet in court. If he fails to appear, then a default judgment is ordered in your name, and your son must leave the premises within 10 days. The sheriff or local police department will serve the order and ensure the tenant leaves.
Family evictions are a tricky business and may ruin the relationship you have with your son. You must follow the laws in Michigan and give your son adequate time to fix the problems, or leave the residence. If you change the locks or move his property, then your son can claim an illegal eviction. He has the right to sue you for damages to his property and it will delay the eviction proceedings.