I have a sibling that lives in my property without a written lease. He was obligated to pay rent but has failed to do so. I have text messages on the agreed amount. Am I able to evict for non-payment?
March 14, 2025
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Based on Michigan law, you generally can pursue eviction for non-payment of rent, even if your rental agreement was only in the form of text messages. That written evidence can support the terms you agreed to, such as the amount due.
However, you must follow Michigan’s proper legal eviction process. This typically involves:
- Notice to Pay or Quit: You’ll need to provide your sibling with a written notice specifying that the rent is overdue and stating a deadline (often 7 days) to pay or vacate the premises. § 554.134(2)
- Filing an Eviction Action: If the tenant does not pay the overdue rent or leave within the notice period, you would then file an eviction (or forcible entry) action in the local court.
- Court Proceedings: The court will review the case, and if the evidence (like your text messages) supports your claim of non-payment, an order for eviction may be issued.
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I have a sibling that lives in my property without a written lease. He was obligated to pay rent but has failed to do so. I have text messages on the agreed amount. Am I able to evict for non-payment?
I understand your situation. Have you discussed the missed payments with your sibling and given them a chance to catch up?
Yes, they refused to pay the amount agreed. Also, he is growing marijuana at the property without my permission.
Are there any specific terms or agreements regarding payment in the text messages you have exchanged with your sibling?
There are no terms, but an agreement on what he was expected to pay on a certain date.
Is there anything else the Lawyer should know before I connect you? Rest assured, they’ll be able to help with eviction.
The sibling has been living there his whole life, basically. Before my grandmother passed, she transferred the property into my name about five years ago.
Hello! I’m Andres, and I’m here to help you navigate the complexities of your property situation. It sounds like you’re dealing with a challenging issue involving your sibling, and I’m ready to provide guidance on eviction and related matters.
What state are you in?
Michigan.
So I still have the right to evict even though this has been his permanent residence for 20 years plus?
Based on Michigan law, you generally can pursue eviction for non-payment of rent, even if your rental agreement was only in the form of text messages. That written evidence can support the terms you agreed to, such as the amount due.
However, you must follow Michigan’s proper legal eviction process. This typically involves:
- Notice to Pay or Quit: You’ll need to provide your sibling with a written notice specifying that the rent is overdue and stating a deadline (often 7 days) to pay or vacate the premises. § 554.134(2)
- Filing an Eviction Action: If the tenant does not pay the overdue rent or leave within the notice period, you would then file an eviction (or forcible entry) action in the local court.
- Court Proceedings: The court will review the case, and if the evidence (like your text messages) supports your claim of non-payment, an order for eviction may be issued.
The text messages I have of our agreement will stand in court?
That would be up to the court, but they should.
I sent him the eviction notice to pay or quit. What should my next steps be?
Once the pay-or-quit period has expired without the rent being paid or the property vacated, the next step is to begin the formal eviction process. Here’s what I’d advise:
- File an Eviction Action: In Michigan, you’d file a forcible entry and detainer action in the appropriate local court. This initiates the legal process to obtain a court order for eviction.
- Prepare Your Documentation: Gather all evidence supporting your case—including the text messages outlining the rent amount and any records of communication regarding the notice. This will help establish the terms of the rental agreement and the tenant’s non-payment.
- Serve the Summons and Complaint: Once you file your action, you must properly serve your sibling with the summons and complaint as required by law. Ensure that the service complies with Michigan rules to avoid delays or dismissal.
- Attend the Court Hearing: Be prepared to present your evidence and explain the situation at the hearing. If the court finds in your favor, they will issue an eviction order.
Do you have any other questions?
It appears I have answered your question. Best of luck.
