My daughter and her husband have been living in my home rent free for a number of years. Sister was just recently divorced and is moving out of the home. Husband is refusing to leave the property. I'm unsure if he is even considered a tenant due to either of them ever paying any rent or having any rental agreement. Main question is does he qualify as a tenant and require a notice to quit, possibly eviction proceedings?
If they are unwilling to leave, then yes, they ARE treated as tenants, despite the fact that they are not paying rent and are free-loading off you. I am sorry you are dealing with this. It MAY help to involve an attorney, who can act as a buffer between you and the family. Of course, that costs money. But it may be a relief to simply have it "handled."
***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 find our answer helpful!
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline