West Bloomfield, MI asked in Real Estate Law for Michigan

Q: I have a lease agreement with a couple, but it was only in the woman’s name. They got married, but it did not work out

The wife moved out with no forwarding address. The husband still. Lives there, we gave him a 30 day notice and he is still there. He has no lease with his name on it. Is he considered a squatter? He has not paid rent for June or July. Can I legally move in with him since it’s my house and he will not move out? and he wants to take out the countertops, fence, carpet and trees that he put in without permission. His lawyer told him he could. Is that true?

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: There is no difference between a 'squatter' and a 'tenant' for eviction purposes. You need to evict him legally. This sounds like it could rapidly spiral into a mess -- for example, yes, he can remove property he installed, but he can't do it in such a way as to commit 'waste' -- if there were counters etc that he removed, he would need to restore the property to the condition it was in before not just 'remove' the things he added. It would likely be more work to do that than to just leave things be.

Regardless your best option is to find a local landlord/tenant lawyer to move forward with the eviction. You can't just 'move in' or 'move him out' -- you need to go through the Court proceedings. THis can be done fairly quickly, but you need to do it properly or there will be delays.

Good luck

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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