Kalamazoo, MI asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Michigan

Q: My partner n I recently split up n she refuses to move.Her name is not on any bill or lease.How do I make her move?

She's not on any bills or the rental agreement however we have lived together for a year now. She refused to move continues to tell me to "evict her" do I have to go through an official eviction processor is there another way?

2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Real Estate Law Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: If she is holding over after a 'legal' lease (whether or not her name is on anything the facts you present make her a 'legal' tenant on a month to month basis at the very least) you DO need to go through an eviction process if she refuses to move out voluntarily.

That starts with a Notice to Quit in the appropriate form (there is more than one way to do this, and you have to pick the right one!) and then an actual eviction lawsuit if she still refuses to move out in the alotted time.

If you're not sure how to do this, hiring a local lawyer to help is always a good idea! The 'law' is uniform throughout the state, but local practices and judges have their own spin on what needs to be done to make things go smoothly.

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

David Soble
David Soble
PREMIUM
Answered
  • Real Estate Law Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: As uncomfortable as it may seem, you will have to go through the eviction process. The first step would be to issue a Notice to Quit. That may be enough to encourage her to move, but not always. Good luck. See www.ProvenResource.com

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