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  1. #1
    Join Date
    Mar 2014
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    26

    Default When is an Adult Child Deemed to Have Moved Out of a Parent's Home

    My question involves landlord-tenant law in the State of: Michigan
    My question is how long does my 31yr old have to be absent from my house to be considered moved out. ??
    Started eviction process but withdrew when she said she was moving and would be gone by March 1st.
    Saturday we had a big blow up which involved the police. Haven't seen her for 4 days now. So how long do i wait to move her stuff out. ??? Thnx

  2. #2
    Join Date
    Oct 2006
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    16,422

    Default Re: Daughter Father Not Landlord

    Quote Quoting t_bell40
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    My question involves landlord-tenant law in the State of: Michigan
    My question is how long does my 31yr old have to be absent from my house to be considered moved out. ??
    Started eviction process but withdrew when she said she was moving and would be gone by March 1st.
    Saturday we had a big blow up which involved the police. Haven't seen her for 4 days now. So how long do i wait to move her stuff out. ??? Thnx
    Your daughter is your tenant. You have to review (google search) landlord tenant law for your state to get an idea of what you can and cannot do. Its always a bit problematic to deal with some's "stuff". Personally, unless you have no storage area and its taking up a lot of space I would be inclined to store it forever if it belonged to my child.

  3. #3
    Join Date
    Mar 2014
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    26

    Default Re: Daughter Father Not Landlord

    The law wants to pigeon hole us into a Landlord/tenant scenario and we are Father/daughter. Not to mention we are living in the same house. Not too many landlords live with their tenants. Not too many landlords let tenants live rent free. Not too many landlords are dealing with someone recovering from opiod use. Not too many landlords have their grandsons involved in the whole mess. Doesn't Fit !!
    She has 2 of the 3 bedrooms in my house and they are all chucked full of crap !!

  4. #4
    Join Date
    Oct 2006
    Posts
    16,422

    Default Re: Daughter Father Not Landlord

    Quote Quoting t_bell40
    View Post
    The law wants to pigeon hole us into a Landlord/tenant scenario and we are Father/daughter. Not to mention we are living in the same house. Not too many landlords live with their tenants. Not too many landlords let tenants live rent free. Not too many landlords are dealing with someone recovering from opiod use. Not too many landlords have their grandsons involved in the whole mess. Doesn't Fit !!
    She has 2 of the 3 bedrooms in my house and they are all chucked full of crap !!
    I am sorry, but she is still your tenant. You have to follow landlord/tenant law to get her out. If you cannot understand that, please feel free to pay an attorney to give you the same advice.

  5. #5
    Join Date
    Jul 2018
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    2,693

    Default Re: Daughter Father Not Landlord

    "Moved out" is not a term that has any legal meaning, but if her stuff is there, then she hasn't "moved out."

  6. #6
    Join Date
    Dec 2016
    Posts
    172

    Default Re: Daughter Father Not Landlord

    Quote Quoting t_bell40
    View Post
    The law wants to pigeon hole us into a Landlord/tenant scenario and we are Father/daughter. Not to mention we are living in the same house. Not too many landlords live with their tenants. Not too many landlords let tenants live rent free. Not too many landlords are dealing with someone recovering from opiod use. Not too many landlords have their grandsons involved in the whole mess. Doesn't Fit !!
    She has 2 of the 3 bedrooms in my house and they are all chucked full of crap !!
    Landlord/tenant laws are invoked any time relational ties no longer can define a living situation. It would be no different that if a boyfriend moved into his girlfriend's house, and then they broke up. Assuming the boyfriend had established residence in the home, if the boyfriend did not move out, even if not paying rent, legally the girlfriend would have to go through the process of eviction.

  7. #7
    Join Date
    Sep 2005
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    98,846

    Default Re: When is an Adult Child Deemed to Have Moved Out of a Parent's Home

    Under Michigan law, "Tenant" means a person who occupies a rental unit for residential purposes with the landlord's consent for an agreed upon consideration.

    If your adult daughter was living with you but never paid any form of rent, then your adult child was not your tenant. However, if your child paid any form of rent then you must treat your child as a tenant. Rent does not necessarily have to be a monetary payment -- it could be in the form, for example, of contribution to household expenses.

    Nonetheless, if you already started the eviction process, you have placed yourself at something of a disadvantage in trying to later claim that your daughter was not a tenant, because you have already at a minimum served her with a notice to quit in which you characterized her as a tenant. Michigan law provides a procedure to follow if a landlord has a good faith belief that a tenant has abandoned the premises -- See MCL 600.2918.

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