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sandied23 | How can I evict someone from my home who is threatening me? |
So I live in Michigan and have owned my home for 11 years. Recently I rented out two rooms in my home to help with the bills. One of the roommates has only been here for a week and a half and living with him is horrible. He never cleans up after himself, blares music horribly etc. The house rules were explained at the interview and he follows none of them. Whenever I try to speak to him about cleaning up after himself, the music, etc, he gets really aggressive and threatening. Last night I knocked on his door and told him that he needed to clean up the microwave (My husband and I were downstairs and heard him using it, he was the only other person in the house at the time) and he began screaming at me and said that he'd "knock me out", and that there's nothing that I can do to get him out of my house. The police were called but they too said that there's nothing I can do QUICKLY. I'm very afraid of him, and his violent attitude is increasing. HELP!
Additional Details
I have tried offering him the refunded rent, but he refuses it. It's as if he enjoys the drama and fear that he is causing. I've spoken to the police and they said that it takes 30 days for an eviction...but I'm very very afraid of him. I'm wondering if in Michigan there's anything like an emergency eviction? |
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Rex
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If you change the locks the police will make you give him new keys. Locks outs are illegal.
This is his legal residence. You agreed to rent to him (did you check him out first?) and you now have to follow landlord/tenant laws.
You have to serve him with an eviction, and he could very well fight it and you have to let him stay. If he is paying rent and not breaking the lease (whatever you have in WRITING) you are stuck with him.
Even if he does not fight the eviction it will take 30 days to complete. You might try a restraining order, although it will NOT keep him out of what his now HIS legal home, especially since he has not actually attacked you. You might want to think about staying elsewhere until you can evict him. |
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relandlukesmom
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You need to follow the rules of eviction in your state. You can do this through an attorney or at least in Louisiana through a justice of the peace. In Louisiana, the justice of the peace is very reasonable ($20 to $40) and quick! -out in 3 days-versus an attorney who charges hundreds of dollars and fails to get the job done.
The process is a court date is set. Both parties are invited to attend. You each have a chance to state your side of the case. Then the justice of the peace-or judge- makes a decision in favor of one party. The more written evidence you have the better. For instance, a copy of the lease agreement. Also, if you videotape or tape record the threats this should help your case. It is a little more difficult if all your agreements are verbal. I know in California evicting someone is next to impossible, whereas in Louisiana 3 days and they are gone. If the judge rules in your favor and the people do not leave, a deputy comes out and physically removes them along with their belongings. Also, in the meantime, you should immediately go to court seeking a restraining order against this tenant. Then if you call the police again, they can enforce it. Even though this person lives in your home, it could specifiy he can only use certain parts of the home you use in common during hours when you aren't using it, etc. If he violates that order, the police could arrest him, or take action against him. Good luck. |
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stevexnelson
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You have a couple of options.
First, you may just want to approach him and offer him money to leave. Or give him whatever he has paid you.
Landlords do this all the time. It's a lot easier than hiring a lawyer and going through the eviction process. (Lawyers are very expensive.)
Second, you could file a police report everytime he threatens you and start building a case against him. Usually, the police know every excuse in the book for not doing their jobs. They could at least speak with your tenant.
Good luck. |
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Tray
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This is so unethical I know...but in a case like this I wouldn't care! I would ask him to leave one more time. State that he has threatened you before you don't feel safe and he hasn't followed any of the rules. Set up a hidden camera in the house and get it on tape of how he reacts. That way you have proof if you need it!!!
If he doesn't leave...change the locks on the house. Put all of his stuff outside and make sure he doesn't have a copy of the lease. That way he doesn't have proof. I know unethical but when it comes to your safety and if the police and courts can't get him out then that's what I would do.
If you leave your home until the 30days are up(how long an eviction would take) he will have trashed your house and could cause tens of thousands of dollars. So I would not suggest that. Even if he takes you to court and sues you It will be cheaper then if he destroys your house...which I bet you he will do!!! |
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Angie
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I would stop by your local police department. Explain the situation to them, and get their advise. The fact that this person is physically threatening is a danger to you and others in the house. |
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Steve R
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When he goes out for work, have a locksmith over and change the locks. Put his stuff on the lawn and when he comes back and starts threatening you, call the police. |
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kate
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The next time he leaves the house ,
Change the locks and place his items in a box .
Also give a written notice of termination and whatever refund would be due for the days he has prepaid .
Do the refund in a money order that does NOT have your checking account number on it .
Do NOT pay cash on the refund .
Save a copy of the money order and the written notice .
ALSO save a copy of the police report you made to present in court should he fight it .
Let him try to pursue the legal action to fight it . . ..
( he will have to pay up front the legal costs to fight and will recover next to nothing AND you will be rid of him and hopefully a LOT smarter on future renters ) |
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lt_buckkey
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I'm not sure what your renting laws are, But here in Ontario if someone has a lease you'd have to get a peace bond taken out on them, but if their is no lease then we have the right to ask them to leave on the spot..... hope this is of some help to you. |
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Expert Realtor
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Go down to the magistrate...file a restraining order, he may have to leave based on that.
However, this is my advice: How long you have to evict someone by law has to do with HOW OFTEN they pay rent.
If they pay monthly...you have to give them a 30 day notice.
If they pay weekly....you have to give them a 7 day notice.
Since this is your personal home, I would be collecting rent weekly that way the law is in your favor. |
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