QUESTION
Do I have to have my live in housekeeper sign a form stating she is not considered a tenant?
Asked on Jul 12th, 2014 on Landlord and Tenant Law - Michigan
More details to this question:
I would like to hire a live in housekeeper, and would like to know if I had the employee sign a form stating she is not consider a tenant. She is an employee. Would that form be enforceable in Michigan employee if she does not have key to home live in Michigan?
3 ANSWERS
Real Property Law Attorney serving Owosso, MI
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Moorhead & Moorhead PLLC
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No. Michigan law states that if the person is an employee then they are not considered a tenant. This would, also, apply if you were to include a separate rental unit as part of employment. I wouldn't have anything signed.
Answered on Jul 15th, 2014 at 8:22 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Would have to have more details about the relationship and her compensation structure before I could render an opinion. I would suggest that you confer and with an attorney regarding how they should be accounted for both for tax and Workmen's Compensation purposes as well as the various liability and insurance ratifications.
Answered on Jul 14th, 2014 at 2:31 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If she is a live in she is considered a tenant..you need to have her sign a form saying her rent is $____ per week and that if she does not perform her duties she is not paying rent.. make her rent high so if she cannot perform her duties she cannot afford to stay.. contact an attorney if you have any more questions.
Answered on Jul 14th, 2014 at 12:53 PM