EVICTING a relative who is NOT on lease ?

3 Replies | Detroit, Michigan

Hi folks, 

Have any of you had to evict a relative that is not on the lease? I have a section 8 tenant who is paying and I would like to keep who has a little sister that was staying with her temporarily. She has asked her to leave, but she refuses. The police told her I have to tell the sister to leave, which I did, but she refuses. I went to the police department and they said I have to evict the sister. My question is how do I do it without making my tenant leave. Any tips on what not to do or what to do?

Depending on the situation and the language in your lease regarding guests, the tenant may be in hot water with you if the presence of the guest was not disclosed to you prior.  If you have an evictable offense, put it back on the tenant to step up they're game and get the sibling out as opposed to their likely lame attempt of asking them.  It doesn't sound like they tried very hard and it feels like the tenant is hoping you'll do the dirty work.  If this isn't the case and the sibling did receive prior authorization from you, weigh the cost of cash for keys versus eviction and proceed accordingly.

I couldn't agree with Brandon more. The tenant is responsible, and could probably just move the siblings things out being that she's not in the lease.

*Disclaimer* I'm not a lawyer and I'm in no way offering legal advice. You should always speak to a lawyer regarding legal matters 

I agree with the other posters, that it is your tenant’s responsibility to file whatever paperwork your state requires for unlawful possession. In most state squatters have rights and have to be talent to court just like a legitimate tenant.  In our state the only thing that complicates matters is how the paperwork is addressed. The address on the notice has to match the address on the court and eviction paperwork and the sheriff has to be able to easily have access to and identify the unit he/she is evicting from.  If this is a room (like would be in this case), the room has to be labeled with a letter or number, and the tenant would have go be home to give access to room that is labeled to match all the court paperwork.  Lacking the room ID, the sheriff will evict all living beings from the premises, which means your tenant would end up being locked out too.