QUESTION

If he doesn't make arrangements to have his things removed from her house, what are her rights as far as removing/selling/throwing away those items?

Asked on Jul 13th, 2014 on Landlord and Tenant Law - Michigan
More details to this question:
My mother was dating a guy who eventually moved into her house. She owns the home and had been living there for about 15 years before he moved in with her and two of her sons. He lived with her for approximately four years. During that time, he was supposed to help around the house and pay bills. However, he began drinking very heavily and spending all his money on alcohol. Over time, he got more and more aggressive as his alcoholism got worse. He attacked her physically one night while he was extremely intoxicated. She called the police and they arrested him for domestic violence. She was granted a personal protection order and subsequently, he pled guilty and was sentenced to one year in jail. He has been in jail since May 16th and so far has not made any arrangements with her or any of his friends or family that we know of, to have his belongings removed from her house. My mom does not want to see him again and he cannot live here after he gets out of jail. He has sent her one letter since he went to jail in which he basically apologized and asked her to drop the charges and/or help him contact his brother. She didn't respond and hasn't heard from any of his family. He had basically taken over her bedroom and half her garage before being arrested as those were his two "hiding" spots while drinking. She would like all of his belongings to be removed as soon as possible. He basically destroyed those areas to the point that she won't sleep in her room or bed anymore and would like to start cleaning those areas of her house and fixing and/or replacing carpet, paint, holes, scratches, mattresses, and windows. Does she have to give him an eviction notice or would him being in jail for a year automatically change the status of his permanent residence from here to there?
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2 ANSWERS

Real Property Law Attorney serving Owosso, MI at Moorhead & Moorhead PLLC
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Jail doesn't change his status. The best approach is to do a Notice to Quit. Then, file your lawsuit and request, in your complaint, an immediate Order of Eviction. Then, follow your local Court's rules regarding moving all of his property to the curb. Please follow the Court's rules exactly. This is the best way to protect yourself.
Answered on Jul 15th, 2014 at 9:54 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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She needs to give him NOTICE to get his stuff out. (tell him in the letter he has 60 days or so to get his stuff removed) and that he is not welcome back .. If she knows who his brother is and his address, he should COPY the brother on the notices and ask that he help get his stuff. If she does not hear anything in a reasonable time, she can consider his stuff abandoned.
Answered on Jul 15th, 2014 at 8:11 AM

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