Detroit, MI asked in Real Estate Law and Landlord - Tenant for Michigan

Q: Roommate no contract or lease left Jan 25th aggressively how long does she have to get her stuff and can I change locks

She refused to give keys threatening police if we change locks and doesn't care about giving notice when she will come to get the rest of her stuff. She left at her own free will there was no problems I even called her mom she just went crazy!!!!! I'm in lincolnpark michigan I just want to know can I change locks since she refuses to give is her keys because I'm afraid of her going inside when nobody is home because of her aggressive behavior I feel to the very least she should be giving us notice when she is coming and again there is no lease at all no contract she doesn't pay rent only helps with utilities and cable that's all

2 Lawyer Answers

A: Unfortunately, the solution to your problem will likely require you to go through the eviction process to have her things removed. It isn't convenient but, by following the process (notice to quit, summons, properly served, hearing, judgment) you're taking reasonable steps to avoid your own liability.

Brent T. Geers agrees with this answer

A: I don't disagree with Mr. Zamzow's answer. He is analyzing the issues based upon the assumption that your relationship with the former roommate created a tenancy. His approach is the cautious one, and it helps to avoid liability, but if liability imposed by a court is a lesser concern than your own safety, you might consider changing the lock.

You claim that there is "no lease and no contract" and that she does not pay rent. Perhaps the payments she made towards utilities and cable constitute rent, but I think that this is debatable. Again, if you ask a lawyer, the answer you will receive will focus on legal liability, but you have to weigh this liability concern against other considerations.

1 user found this answer helpful

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