If my tenant did not return signed lease and is 8 months behind in rent, what are the eviction procedures?
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If my tenant did not return signed lease and is 8 months behind in rent, what are the eviction procedures?
Tenant was a friend who also worked for me since 05/10. He quit 2 weeks ago and is claiming he has 60 days to move out. He has not paid rent since last July. I discovered right before he quit that he was stealing from the company so I will be filing criminal charges in TN but the home is in MI. From what I have determined he is $7000 behind on rent and put over $2000 on the company credit card for personal items. He also took the laptop and printer and damaged the company vehicle he had. I have no signed lease agreement. What do I have to do to remove him from the residence.
Asked on February 27, 2011 under Real Estate Law, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you have no written lease with him then he is considered under the law as a month to month tenant. I would STRONGLY suggest that you seek help from an attorney in Michigan to evict him from the residence. You need to PROPERLY serve a 30 day notice. Regardless of his moving or not you want to evict him so that you have an order allowing you to reenter the premises and you want a judgement against him at the same time for the back rent and any damage to the apartment. You will probably not be allowed to bring up the lap top or credit card or truck issue. The court does not have subject matter jurisdiction to determine these issues. They will be a separate case in another court. Maybe some of it in the criminal court proceeding under restitution. Good luck.
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