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  1. #1
    Join Date
    Nov 2006
    Posts
    3

    Default Is an eviction notice necessary?

    Hi, I live in Michigan and I'm actually trying to find out some legal information for a friend of mine.
    Here is the scope: My friend, who is a homeowner, lived with this girl for over 7 years. They never married. They separated app. 10 months ago and since she didn't have a place to live, she moved back with her dad and he agreed that he'd keep the furniture she had bought throughout the years at his house (and her three dogs) until she found a bigger place. The problem is that she has not done anything to find a new place and she is acting all crazy because she wants to get together with him again but he is already seeing somebody. He says he found out he cannot just throw her stuff out or change the locks because it is against the law. He already e.mailed her kind of an "eviction notice" and gave her 30 days and she did not comply. He is at the point that he wants to sell his house just to get rid of psycho ex but I'm telling him not to do that. I just want to know if there is actually a law that prevents him from putting her stuff in a storage facility and changing the locks. I just don't want him to do it and get in trouble because there happens to be a law against it. I don't think there is a common law in Michigan but maybe living for more than 7 years together gives her certain rights.
    Thanks in advance.
    M.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is an eviction notice necessary?

    She no longer lives there, right? She long ago changed her mailing address to her father's house, hasn't spent the night there for ten months, doesn't share in any bills or utilities, etc? She's effectively just using his place for storage?

  3. #3
    Join Date
    Nov 2006
    Posts
    3

    Default Re: Is an eviction notice necessary?

    Thanks for the prompt response!!
    That's right, she doesn't live there anymore BUT she did spend the night at his place like a month ago. She doesn't pay any utilities and I'm pretty sure she is using his house as a storage facility only. I think she never changed her address when she moved out though. Would it make a difference if she had changed her mailing address to her dad's address as soon as she moved out?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is an eviction notice necessary?

    It would reflect that she moved.

    Since he is in doubt about his circumstances and continues to let her spend the night, and apparently does not wish to invest in a consultation with a real estate lawyer who could provide a reasonably definitive analysis, he probably should serve her properly with a thirty-day notice to quit and, if she remains there, formally evict her. He can get the thirty-day notice at the County Courthouse, or download one here (DC-100c). If she does not vacate within that time, he can then formally evict her.

  5. #5
    Join Date
    Nov 2006
    Posts
    3

    Default Re: Is an eviction notice necessary?

    So he could actually get in trouble if he changes the locks and puts all of her stuff in a storage unit? What would be the difference between the 30-day notice and a formal eviction. I would have thought that would be kind of formal eviction.
    Sorry for my ignorance. It's just that I'm not really familiar with laws regarding real estate and I really want to help him because he is desperate.
    Thanks.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is an eviction notice necessary?

    I'm not going to deal with abstracts - you're not him, and you can't state with certainty what is going on. If he wishes to play it safe, he'll evict her. Otherwise he needs to be the one looking for help.

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