How do I evict my subtenat?

[msv1984]

My question involves landlord-tenant law in the State of: Michigan

We agreed to help out some family by letting them stay with us since we're gone so often. We made it legal by filling out a sublease agreement with our landlord. It's a 3 bedroom home and we stay there part time. Things are getting out of hand with them taking over, backing out of agreements and losing their income. My lease with the landlord is month-month and on their sublease we put that they are allowed to live there for up to a year. They are making a hostile living environment and we don't even want to go home on our time off of work...

Can you terminate their tenancy for other reasons then unpaid rent or damage?

 

[mightymoose]

Have you tried asking them to move out?
Give them a written notice... give them a reasonable amount of time to get out. Thirty days should do.
You might not have to go to court and evict if the go willingly.

 

[army judge]

My question involves landlord-tenant law in the State of: Michigan

We agreed to help out some family by letting them stay with us since we're gone so often. We made it legal by filling out a sublease agreement with our landlord. It's a 3 bedroom home and we stay there part time. Things are getting out of hand with them taking over, backing out of agreements and losing their income. My lease with the landlord is month-month and on their sublease we put that they are allowed to live there for up to a year. They are making a hostile living environment and we don't even want to go home on our time off of work...

Can you terminate their tenancy for other reasons then unpaid rent or damage?

You can't terminate their tenancy.
Your landlord can't terminate their tenancy.
They can voluntarily terminate their tenancy, with your approval.
Barring their voluntary departure, at your request, you'll have to go to court.
Only a judge can legally evict anyone.

To get the ball rolling you have to serve proper notice that you want them out.

NOTICE TO QUIT
http://www.courts.michigan.gov/scao/courtforms/landlord-tenantlandcontract/dc100c.pdf

You'll have to serve this type of notice.
Each notice is different.
You must use the proper one.
As you have a month-to-month tenancy, you are required to give them 30 days notice to quit (leave) the home.

30 day termination of tenancy This is used to end a month-to-month tenancy or to assert that the tenant committed a major breach of the lease.

Should they say, "Uh, uh, we ain't going nowhere, pal!"
Or, if they choose to ignore your request entirely, then you have to follow these steps carefully and accurately.
If you do anything any other way, you have to start over.
I expect you'll have a fight on your hands.
Be prepared for this epic battle to take between 6-10 weeks to effectuate their removal.
It will require the 30 days to transpire (after you serve notice).
Then it takes another 42 days if the judge grants all the extensions and schedules the trial one week after the pre-trial is held (if demanded).
Good luck.

Evictions in Michigan​

Eviction is the legal process of removing a person from rental property. The Michigan landlord must use the court system in order to evict a tenant. As in all the states it can not be done by force or threats of force.
A landlord can evict a tenant if:

1. A tenant fails to pay rent.
2. A tenant's use of the property causes a serious and continuing physical injury to the property, involves illegal activities or violates the terms of the rental agreement.
3. A tenant does not move out after the lease is terminated.
4. Additional Reasons - this is a partial list. Refer to your Lease Rules.

A Michigan landlord cannot evict a tenant in retaliation for the tenant exercising any legal rights against the landlord. (i.e. withholding rent to encourage the landlord to repair)

To evict a tenant, a landlord must file the following notarized documents with the Court that has jurisdiction over the rental premises:

Michigan NOTICE TO QUIT​

A Notice to Quit, the first step in the eviction process, is the written notice to a tenant stating the landlord's desire to evict. A Notice to Quit will be used to terminate a tenant's rights under either a written or oral lease.
The reason for the Notice to Quit determines the number of days that a landlord must give notice to a tenant prior to taking action (filing a complaint and summons).
The minimum length of a Notice to Quit is 7 days for nonpayment of rent, a health hazard, or injury to premises. The minimum length of a Notice to Quit for Termination of lease is the number of days between payments, usually 30 days or monthly.

The time begins on the day the tenant receives the Notice to Quit (when the Notice is served on the tenant).

Respond promptly to a Notice to Quit by calling the landlord to discuss and settle the matter or obtain legal assistance.

COMPLAINT​

After the required notice period, the landlord may file a complaint with the district court, whereupon the court shall deliver or mail to the tenant (defendant) a summons to appear before the court on a certain date.
SUMMONS
At the court hearing, if the tenant wins, the tenancy continues. If the tenant loses, the tenant has ten days to pay the past due rent, settle the dispute, or vacate the premises.

After ten days (or the date set by the court), if the tenant has not vacated, a writ of restitution is issued by the court commanding the sheriff or other authorized court officer to serve the process and restore the landlord (plaintiff) to full possession of the premises.

(NOTE) If you live in public or subsidized housing the landlord, different rules may apply - for both the tenant and landlord.

ILLEGAL EVICTION in MICHIGAN​

A landlord must always go to court to have a tenant evicted. A landlord also cannot harass or try to make a tenant move out by doing any of the following:

* Using force or threatening to use force.
* Removing, withholding, or destroying personal property of the tenant.
* Changing, altering, or adding locks or security devices to the rental premises.
* Boarding up the premises which prevents or makes entry difficult.
* Removing doors, windows, or locks.
* Causing the shut-off or interruption of water, electric or gas service.
* Causing loud noises, a bad odor or other nuisance.
* Putting the tenant's belongings out in the street.

If a tenant is forcibly removed from or kept out of rental property by force, the tenant may sue the landlord. If the tenant prevails, the tenant is entitled to recover three times the amount of damages or $200.00, whichever is greater. Damage to the tenant can include the cost of staying at a motel, as well as actual physical damage to the tenant or his belonging.

http://www.rentlaw.com/eviction/mieviction.htm

 

[msv1984]

Have you tried asking them to move out?
Give them a written notice... give them a reasonable amount of time to get out. Thirty days should do.
You might not have to go to court and evict if the go willingly.

We have told them it isn't working and she just says "we aren't leaving". It's almost like she's trying to spite us. It's going to have to be forceful.

 

[msv1984]

army judge, Thanks for all of that info. They are late on rent. Also, we suspect them breaking into our bedroom through an adjoining closet. We took photos.