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How can I stop a retaliation eviction?

Detroit, MI |

I'm being evicted by my mother, she was diagnosed in 04 with schizophrenia. with in the passed year she has no been following through with treatment and in may of this year I had to involve the police and she was petitioned for 2 wks and waived her rights , she said would follow through with treatment. During which time she gave a form and insisted that I sign it or I would be put out, I refused and stated that I would sign it once she took her medication 2 wks later I had to petition her back in the hospital with the help of the police again and I petitioned the court for guardianship. She was there for a month and the day after she was released she went to the court to have me evicted. Yesterday the court appointed her a guardian (she refused me and my family refused).

Attorney Answers 1


  1. Unless your mother also has a conservator, then she would appear to retain the right to evict you. There does not need to be a "good" reason for the eviction. She owns the property and she can do with it whatever she wishes. You may have some counter-claims, if you have renovated or improved the premises, but it would appear you are going to need to find a new place to live. You can appeal to your mother's guardian, or to her conservator, if there is one. Otherwise, I do not think you have a legal right to stay.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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