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If you have a family member, friend, caretaker or anyone
else staying in your house with you and you want them out, there are
a few things you could try to do.
First, if you feel comfortable talking with them about the situation,
you could try asking them to leave. If this does not work or
if you do not feel safe confronting them, there are other options.
One route is to consider using a Personal Protection Order (PPO).
Another route, if you own the property or are the only tenant on the
lease, and the person you want out is not on the deed or lease, is
to use the eviction process.
From the court you can seek a PPO (personal protection order) that
prevents the person from coming into your house. PPO’s
are geared to stop abusive or assaultive or stalking behavior.
A personal protection order to restrain assaultive behavior can only
be obtained against a person who shares a relationship with you such
as a spouse, a former spouse, an individual with whom you’ve
had a child, an individual you are dating or dated, or an individual
who resides or has resided in the same household as you.
A personal protection order to restrain stalking is available regardless
of the relationship between you and the other person, as long as a
proper factual basis exists under Michigan’s stalking laws.
You may feel bad about doing this, but if you do not want the person
staying in your house it is all right to find a way to get them to
leave.
There is an instruction booklet available that explains what you
will need to do. It is available online at http://courts.michigan.gov/scao/courtforms/personalprotectionorders/p02.pdf.
If you do not have access to the internet, you can also get the booklet
from the county clerk. A copy of the instruction booklet is
attached. Be sure to follow the instructions carefully.
If you have any questions, you can ask the clerk for help. You
will need to fill out the forms mentioned in the instruction booklet.
An example of these forms is attached. Follow the instructions
for filling out the forms and getting them to the judge.
There is no cost for filing the petition for the PPO, but there is
a charge for serving the person with the order. If the person
refuses to leave after being served with the PPO, they may be arrested
or you can ask the court for a hearing because the person violated
the PPO.
If you cannot get a PPO or do not want to, you can begin the eviction
process through the court to make the person leave. These forms
help you evict the person. Even though the person you want out
may not be paying actual money to stay with you, they are still considered
a tenant under Michigan law. Because of this, you will have
to get a form from the court telling the person to leave your house.
You can get this form at the courthouse or you can get it online at
http://courts.michigan.gov/scao/courtforms/landlord-tenantlandcontract/dc100c.pdf.
An example of this form is attached.
If the person does not leave after you have given them the form telling
them to leave, you must file a complaint with the court asking for
a court order to evict them. You can get this form at the courthouse
or online at http://courts.michigan.gov/scao/courtforms/landlord-tenantlandcontract/dc102c.pdf.
An example of this form is attached. There is a $45.00 fee for
filing this complaint.
Next, you will have to notify the person of the complaint and the
date they will have to go to court. On the date of the hearing,
the judge will make a decision on whether or not to make the person
leave. If the person does not leave by the time the judge orders them
to, you can file an application with the court to have the person
physically removed.
Since the law considers the person to be a tenant, you should not
try to remove them by getting rid of their things or changing the
locks. You might be liable for damages for doing anything to
get the person out that is against the law. Tenants have rights
and legal process must be used to make them leave when they will not
do so willingly. |
"Get
Out of My House!"
