domestic partner has left after 1 year, can she legally reenter my home?

[mpb329]

What is the name of your state (only U.S. law)? Michigan

My partner/cohabitant that lived in my home for about one year left today. I told her she could no longer stay here because she damaged my property, among other things.

She has moved into a friends house. I was told by the local police yesterday (before she left) that I could not prevent her from entering my home because she lived here for over 30 days and it was now a civil mater and that I would have to evict her.

Now that she has gone:

1.) does anyone know if the law provides for a time period that she must be gone before she gives up her rights to enter my home?
2.) does the fact that I told her she could not stay make a difference?
3.) is there some legal action I should take like filing some sort of paperwork at the civil court to insure that she can not reenter my home?

thanks

 

[Zigner]

You would need to follow your state's landlord/tenant laws and evict said person. Said person is allowed to enter her residence and you're not legally allowed to just tell her she can't come back.

 

[ecmst12]

You CAN NOT prevent her from entering HER HOME. You can give her 30 days written notice to move. If she does not move within the 30 days, you can file for eviction. If you interfere in any way with her entering the home before a court has authorized it, she can sue you for illegal eviction. The fact that you told her she couldn't stay in HER HOME strengthens her case for that. So unless you want to end up paying her a boatload of money, play by the rules.

 

[LdiJ]

You CAN NOT prevent her from entering HER HOME. You can give her 30 days written notice to move. If she does not move within the 30 days, you can file for eviction. If you interfere in any way with her entering the home before a court has authorized it, she can sue you for illegal eviction. The fact that you told her she couldn't stay in HER HOME strengthens her case for that. So unless you want to end up paying her a boatload of money, play by the rules.

While I agree with all of this, also what the other posters said, but if she actually moves out, or has moved out, and has taken all of her things with her, you are not required to let her back in. Its no different than an apartment or rental home. Once you are out, you are out.

 

[Zigner]

While I agree with all of this, also what the other posters said, but if she actually moves out, or has moved out, and has taken all of her things with her, you are not required to let her back in. Its no different than an apartment or rental home. Once you are out, you are out.

Are you suggesting that, when a LL forces you to leave your house, you can't come back in? Really?

 

[LdiJ]

Are you suggesting that, when a LL forces you to leave your house, you can't come back in? Really?

No, I am saying that if your landlord tells you to move out, and you pack up all your stuff and move out, that you don't get to come back.

 

[xylene]

Am I wrong to read this as having domestic violence overtones?

Perhaps the OP should seek a restraining order.

No matter what, a lawyer.

 

[Just Blue]

No, I am saying that if your landlord tells you to move out, and you pack up all your stuff and move out, that you don't get to come back.

Interesting. Could you please provide Mich. case law or stat's to beck up this opinion for the OP?

Thanks!

 

[LdiJ]

Interesting. Could you please provide Mich. case law or stat's to beck up this opinion for the OP?

Thanks!

You really mean that?

Your landlord gives you a 3 day notice to pay or quit, and you quit (move out with all your stuff), are you REALLY trying to claim, that in ANY state, a tenant can turn around and move back in after they have moved out?

Or, you are month to month and the landlord gives you thirty days notice, and you move out completely in one week, that a week later you can turn around and demand the keys back and move back in?

How silly do we want to get here? This is not a married couple. Its not the "marital home". Once someone moves out, they cannot come back.

 

[Zigner]

You really mean that?

Your landlord gives you a 3 day notice to pay or quit, and you quit (move out with all your stuff), are you REALLY trying to claim, that in ANY state, a tenant can turn around and move back in after they have moved out?

Or, you are month to month and the landlord gives you thirty days notice, and you move out completely in one week, that a week later you can turn around and demand the keys back and move back in?

How silly do we want to get here? This is not a married couple. Its not the "marital home". Once someone moves out, they cannot come back.

It doesn't sound to me like somebody has "moved out" in this case. She left TODAY and is crashing with a friend.

 

[xylene]

She left TODAY and is crashing with a friend.

If by crashing you mean hiding out after an outburst of menacing which required the response of the police?

 

[Silverplum]

It doesn't sound to me like somebody has "moved out" in this case. She left TODAY and is crashing with a friend.

Reading comprehension is good, isn't it?

 

[Silverplum]

If by crashing you mean hiding out after an outburst of menacing which required the response of the police?

If that happened, and it may well have, it doesn't negate the partner's legal rights to her home and belongings.

 

[ecmst12]

It's not outside the realm of possibility that the GF could get a restraining order against OP and keep him out of his own home until she is able to move out completely.

 

[anearthw]

If OP wants to come back and clarify, it sure sounds like he booted her out after a domestic dispute where she trashed some of his stuff.

Unless there is some sort of restraining/protective order due to violence that occurred in the dispute preventing this woman from coming back home (and it sounds like NO there is not), then the OP must follow standard landlord/tenancy procedures.

Leaving the love nest after a heated argument does not mean she moved out.