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X-23
Jul 17, 2011, 04:16 PM
Here are the details:

I had to move back in with my mom almost 2 years ago because of the poor economy in Michigan. She has a husband of a few years whom she married when I was already an adult, and he is a ridiculous person. A religious zealot who will not stay out of my business and always wants to give me a hard time. He wanted me out the moment I was here. I am a responsible and respectful person, I just want to preframe with this information so the people reading understand that I am not causing any problems in my mom's home, I am so careful to stay out of his way it is almost as if I am not even here.

Recently he came to me telling me I had to move out. He told me I have until August 1st to leave. I am so stressed out about this situation that I am becoming physically sick. The position I was in when I had to move back here was horrible and I have been so worried about it. I have since found a full-time job but I haven't even received a full paycheck yet. He has been breathing down my neck about moving and will not leave me alone. Today I told him that I will need an extra month to move because 1. I am having a very hard time finding a place to rent and 2. I don't even have the money to move yet. Security deposit and first month's rent will be costly and I haven't been able to save the amount I will probably need due to my boss closing our work quite a few days this month and next month to go on vacation with his family.

My questions are these: When it comes down to it, which it will, if my mom's husband tries to evict me, how much time will I have? (I need as much time as I can get to save money and look for a place to live) and he is really a horrible person, I can see him changing the locks on me before I have moved any of my things. If he does this, is it against the law? I hate that it has come down to this but I feel I need to make sure what my rights are, if I have any, so that I can stand up to him and protect myself. He is a bully and a hateful person and I want to get out of here, I am trying, I am just in a horrible position.

Please no suggestions on staying with someone else until I move, that is not an option. I can't have my life disrupted any more than it already has been, I can't handle the stress. I just need to know the answers to my above questions. I would really appreciate it. Thanks.

cdad
Jul 17, 2011, 04:22 PM
Who owns the home and what does your mom say about the situation ?

smoothy
Jul 17, 2011, 04:28 PM
Legally they can do it in as little as 30 days in most localities (there are a few places it can be less). I believe Michigan is also on of those with 30 days.

All he has to do is have you served notice and when it runs its course they have the sheriffs put your stuff out. Now a verbal doesn't count... its got to be in writing and properly served. So if you don't tell him that and he doesn't find out, you might buy yourself a little bit of extra time.

Hate to tell you that, but its best to get it straight than it is to get it sugar coated.

Fr_Chuck
Jul 17, 2011, 04:49 PM
I do believe he will have to give 30 days to make it a legal eviction.

With that said, there are 1000's of people locked out each month somewhere in the US, So if you come home and the locks are charged have you made any plans for that.

And instead of being "sick" how about starting to make plans, do you have address for women shelters, friends you may be able to stay with. I will assume you were collecting unemployment ?

ScottGem
Jul 17, 2011, 04:59 PM
First, he can't evict you. Only a court can. Second, he can't start the eviction process unless he is the sole owner or sole leaseholder of the premises.

The process in MI is first he has to give you a WRITTEN notice of 30 days to vacate. Second, if you are not out by the deadline, then he has to file in court for an eviction order.

51 really?
Jul 17, 2011, 06:25 PM
So, question, have you been paying rent? If not why not? If not you surely have a bundle of money saved, right? It say's a lot about why you are where you are by the choices you make/made? Yes, No? It sucks to have to take personal responsibility that's why so many of us don't, it's hard. Have a talk with your mom beg for more time then you do the right thing and get out ASAP. Your step father is doing you a huge service, this is your wake up call, GROW UP.

joypulv
Jul 17, 2011, 06:35 PM
The eviction question has been answered.

Two years is a long time, and this man didn't marry you when he married your mother. He was looking forward to having the house to themselves, I'm sure. You are not his child. You don't say one peep about what your mother has to say, or whose house it is, but you do start with a premise that is wrong: 'I had to move back in with my mom.' No, you didn't. Many of us went through rough times after leaving home and muddled by somehow, moving into someone's living room couch in exchange for work or camping out or living in our cars. I always had lots of roommates, not my own apartment, when in my 20s anyway.

ScottGem
Jul 17, 2011, 06:53 PM
So, question, have you been paying rent? If not why not? If not you surely have a bundle of money saved, right? It say's a lot about why you are where you are by the choices you make/made? Yes, No? It sucks to have to take personal responsibilty that's why so many of us don't, it's hard. Have a talk with your mom beg for more time then you do the right thing and get out ASAP. Your step father is doing you a huge service, this is your wake up call, GROW UP.

First this question was asked in a law forum. These forums have a higher standard of responses. Responses here need to deal with statutory law pertaining to the problem. Its one thing to add some personal reference to a legal answer its another to answer with only opinion.

While you make valid points, you are also making a lot of assumptions. Was the OP asked to pay rent? Did the OP have a job until just recently? Did the OP contribute to the household in other ways? Before you attack the OP based on your biased assumptions, give him a chance to explain himself.

X-23
Jul 17, 2011, 08:44 PM
This was helpful, thank you. When my time is up I may still have another month then if I need it. What if he changes the locks and I have no way to access the things that I need?

X-23
Jul 17, 2011, 08:52 PM
Thank you, ScottGem.

I had been struggling to find a job the entire time I was here. I was doing temp work which was enough to just barely pay my own bills. My mom told me I didn't have to pay rent. I contributed to the house by cleaning, cooking, doing laundry, caring for the house and cat while they go on vacation, etc. My mom likes having me here but lets her husband run her life, even when it comes to her family. The backround info was given so that the people reading could maybe see the situation from my standpoint. I am a hard worker and I am so happy I finally found a full-time job, I WANT to move out, my timeline to do the things I need to do is just different than my mom's husband's and I need to know what my rights are since it is so close and I don't know what to do.

X-23
Jul 17, 2011, 08:54 PM
This does not answer my question. Stop judging a situation you know nothing about. Don't say "one peep" about your opinion. I asked for legal advice.

X-23
Jul 17, 2011, 09:10 PM
This has absolutely nothing to do with answering my questions. My mom's idiot husband did me no service. It's my mom's house, he married her, moved in and quit his job. He is a useless piece of crap that likes to cause problems because he is bored. I clean, cook, do laundry, take care of their outdoor plants and their cat because my mom works and he sits at home on his rump. How does your foot taste? If you didn't come here to answer my questions, don't say anything else. You know nothing about this situation. I just need to figure out how much time I have and what I can do if he decided to change the locks with all my things still in the house.

X-23
Jul 17, 2011, 09:12 PM
This has nothing to do with the situation. I want to move. I just need more time to do it. Let's focus on the questions that I asked if you're going to comment.

X-23
Jul 17, 2011, 09:14 PM
THANK YOU. Now I need to know if he changes the locks on the house before I have moved if there is anything I can do about that. Is it against the law?

ScottGem
Jul 18, 2011, 03:16 AM
Comment on califdadof3's post
Quote:
Originally Posted by califdadof3 View Post
Who owns the home and what does your mom say about the situation ?
This has nothing to do with the situation. I want to move. I just need more time to do it. Let's focus on the questions that I asked if you're going to comment.

Actually this has a great deal to do with the situation. As I pointed out, he can take no action against you unless he owns the house or is the sole leaseholder. To file for an eviction, the home owner or landlord has to file.

Comments on this post
X-23 does not find this helpful : Didn't answer my questions.
May I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedback/using-comments-feature-24951.html

Please review the rules.

Comment on joypulv's post

This does not answer my question. Stop judging a situation you know nothing about. Don't say "one peep" about your opinion. I asked for legal advice.


You do not get to dictate who can answer your question or how. Unless a response violates the rules, people are entitled to express their opinions. You are free to ignore what people post, you can respond to their posts disagreeing with their opinion, but don't try to tell people how to post.

All the above has to do with your violating the rules and guidelines of this site. You need to remember that people volunteer their time to help people. That gives them the right to post what they feel is applicable. If you disagree, report it.

As to him changing the locks, that is expressly forbidden by Michigan law. It constitutes an illegal eviction and could open him for a law suit. I suggest you Google Michigan Eviction Process. You will find some sites that detail the process. I would suggest you print one or more out and hand it to him. Tell him that now that you have a full time job again, you will move as soon as you find a place and that you are looking as hard as you can. But if he wants you out, he needs to follow the law to do so. You can also tell him, since he does not own the house, he has no legal standing to tell you to leave, that any order to vacate must be signed by the home owner.

P.S. when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

smoothy
Jul 18, 2011, 03:40 AM
Legally you are a resident, not just a visitor after as long as you have been there. They can't simply change the locks to evict you. The proper procedures and processes must be followed to evict anyone.

joypulv
Jul 18, 2011, 08:17 AM
Looking back on my answer, I do think I could have been more kind, and am sorry.
You did open the door to opinion by offering quite a bit of emotional background and saying you felt sick, and never did answer the all important question, who owns the house.
I wanted to suggest a cheaper living situation and to emphasize the reality of an unpleasant stranger taking first place in your mother's life, awful though it may be.