My son has lived in my house without paying rent for a year now. The original plan was for him to pay rent but, his job is seasonal so I cut him some slack. Through the winter he has been nothing but worthless trouble, acting like the house that he pays no rent for that is in my name is his! I thought maybe in the spring things would get better, but yet the little bastard still hasn't paid rent. Lately all of our conversations our broken promises to pay rent, I want him out the most easy, quickiest, & cheapest way.

Sorry, but he is a resident in the property. As such you have to evict him according to the rules for your area. This generally involves a notice to vacate by a certain date. If he doesn't vacate by the date, then you have to go to court for an eviction order.

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Originally Posted by ScottGem

Sorry, but he is a resident in the property. As such you have to evict him according to the rules for your area. This generally involves a notice to vacate by a certain date. If he doesn't vacate by the date, then you have to go to court for an eviction order.

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- so I just give a notice saying I want him out, and if he doesn't leave then take it to court? Now me and my son planned on him paying rent, but I have nothing in writing does this cause a problem?

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Originally Posted by amyjo

... but i have nothing in writing does this cause a problem?

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A problem if you were to sue him for back rent? Perhaps.

A problem with respect to getting him evicted? No. Whether he is liable for a specific amount of rent, you want him out and should be able to get him ordered out. This would be true whether he agreed to pay any rent.

The fact that there is no current agreement to pay rent, means you have to go for a 30 day notice to vacate.

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Originally Posted by ScottGem

The fact that there is no current agreement to pay rent, means you have to go for a 30 day notice to vacate.

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Depends upon the laws of the particular state. See my latest post here.

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Originally Posted by AK lawyer

A problem if you were to sue him for back rent? Perhaps.

A problem with respect to getting him evicted? No. Whether or not he is liable for a specfic amount of rent, you want him out and should be able to get him ordered out. This would be true whether or not he agreed to pay any rent.

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This makes me feel a lot better and makes feel like I'm going to be able to keep my sanity! So forgive for sounding dumb but all I will have to do is give him warning I want him out, and if he doesn't leave I can call the cops and if he takes it to court I will win because he didn't pay, mind you I have no motive to sue him for back rent... I just want him gone without missing time from work and money

I thank you guys so much for your imput feel free to send me more opinions and facts.
Just a little more info so you guys can answer to your best abilities for the best way for me to do this!
- Im a single parent of 3 kids including my bastard son.
- I work two jobs (doesnt leave much time to go court)
- my other daughter wants to move in and has a job and will pay rent ( so I need him out asap!)
- like I said before it was family so I didn't have anything in writing.
- I want to do everything as legally as possible without the hastle!
- he hasn't paid a lick of rent but him and his girlfriend can run my bills up.
-he thinks he controls everything in my househould.
-he does not follow any rules
Im his mother why can't I just give the boot without all this legal sh*t! Pardon my french
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Laws depend on the state of Michigan

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Originally Posted by amyjo

... So forgive for sounding dumb but all i will have to do is give him warning i want him out, and if he doesnt leave i can call the cops and if he takes it to court i will win because he didnt pay, mind you i have no motive to sue him for back rent... i just want him gone without missing time from work and money

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Not exactly. Depending upon which state you live in, you may (or maybe not) have to go to court to get him evicted.

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Originally Posted by amyjo

laws depend on the state of michigan

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You are in Michigan? See the statutes I linked to in the other thread (link above).

If you have to get a court ordered eviction, you first have to give him so many days notice, before you file in court. If he ignores that notice, you file in court. A hearing will be scheduled. Then you serve him with another notice, this time of the court action. It will be a specific form, perhaps supplied by the court. If he is not out by then, the court will order him out and the police can enforce that order for you.

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Edit: First thing I would recommend is calling the police to see if they will make him get out.

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Originally Posted by amyjo

This makes me feel alot better and makes feel like im going to be able to keep my sanity! So forgive for sounding dumb but all i will have to do is give him warning i want him out, and if he doesnt leave i can call the cops and if he takes it to court i will win because he didnt pay, mind you i have no motive to sue him for back rent... i just want him gone without missing time from work and money

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No you can't call the cops. You do have to follow the formal eviction process. I don't think he can block an eviction in any way, but you do have to follow the process.

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Originally Posted by AK lawyer

Depends upon the laws of the particular state. See my latest post here.

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Originally Posted by AK lawyer

You are in Michigan? See the statutes I linked to in the other thread (link above).

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I reviewed the statures you cited and disagree with your interpretation.

This is the relevant passage:
2. Tenant. "Tenant" means any person who is occupying a dwelling in a building as defined in subdivision 7, under any agreement, lease, or contract, whether oral or written, and for whatever, period, which requires the payment of money or exchange of services as rent for the use of the dwelling unit, and all other regular occupants of that dwelling unit, and any resident of a manufactured home park.

Notice the bolded portion. I believe this clearly includes anyone who has established residency, not just a tenant under a lease. In fact, the statutes you quoted SUPPORT the contention that a lockout constitutes an illegal eviction.

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Originally Posted by ScottGem

...
... I believe this clearly includes anyone who has established residency, not just a tenant under a lease. In fact, the statutes you quoted SUPPORT the contention that a lockout constitutes an illegal eviction.

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If rent is paid for the dwelling unit, yes it is arguable that the son would be considered an "other regular occupant of that dwelling unit", and therefore he couldn't be ousted by self-help. The problem with your interpretation being applied to the fact pattern at hand is that, as far as we kniw, no rent is being paid for the dwelling unit. The son isn't paying OP any rent (and no one else is either).

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Originally Posted by AK lawyer

If rent is paid for the dwelling unit, yes it is arguable that the son would be considered an "other regular occupant of that dwelling unit", and therefore he couldn't be ousted by self-help. The problem with your interpretation being applied to the fact pattern at hand is that, as far as we kniw, no rent is being paid for the dwelling unit. The son, an no one else either, is paying OP any rent.

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I see your thinking, but I still believe that the intent is to not allow a resident to be summarily thrown out. Also, if you look back at the OP, she does mention that he WAS paying something.