Can a homeowner force out "tenants" for the purposes of an inspection?

Facts:


· State of Michigan


· Home is owned by Person A


· Home is occupied by Persons B,C, and D


· Rent is paid to A, but no lease has been signed


· There is an oral agreement between the parties here to abide, essentially, to a yet unwritten month-to-month lease


· The house is in a historic district and requires that the owner get an inspection and subsequent exception to allow the house to be leased out to tenants


· That inspection and exception had not happened when Persons B,C, and D moved in


· Then the inspection comes and Person A tells Persons B, C, and D that they must leave the property while the inspection takes place


· Person C initially refuses to leave


· Person A and B press C to leave and C leaves, forced to walk several blocks to a coffee shop for a few hours, since she has no car








Issue: Can the homeowner (Person A) really force Person C [and the other tenants] to vacate for the few hours for this inspection?

Can a homeowner force out "tenants" for the purposes of an inspection?
No, she can't. C could have insisted on staying in the house...at which point the town would see that the house was unlawfully leased (and that raises a whole set of property issues on its own), denies the license, and commences proceedings to remove the unlawful tenants.





Unlike a normal eviction, this proceeding would admit of no defense, and likely would not give the tenants any realistic time from to find a new place to live before being put in the street.





So, yes, on principle, C could have fought and sooner, rather than later, have found herself and her housemates in the street.
Reply:Technically I would have to say yes, but I really don't see why the tenants had to leave for an inspection. In my line of work we regularly do inspections on plumbing systems for homes being put on the market and never has it been necessary for the tenant to leave during the inspection. Personally, I would be suspicious of the motives.
Reply:Just so you know, a verbal agreement regarding real estate, whether to purchase or lease/rent, is invalid. Therefore, there IS no lease or rental agreement





TO OUR POSTER:





I suggest you go to law school. Verbal leases are invalid as are any verbal contracts. What you fail to understand is that once you allow someone to stay in your home the statutes create a month-to-month tenancy for which you are required to evict.





.And tell your professor to also take a refresher course in real estate law.





And just so you know, CyberSharque and I do NOT see things the same way, but in this instance, he/she is correct. That's why I did not address the issue of eviction.





Now, I suggest you take your own test next time and maybe ask for a refund if you are in law school. You would best be served flipping burgers.
Reply:If due notice was given - then yes.





And person C was being a twit about the situation.

online survey