Detroit, Michigan - Tenant Eviction Process
Kick'em Out Quick® Member Law Firm*
Servicing all of Wayne County, Michigan
Explanation / Michigan - Tenant Eviction Process
Michigan evictions can be a lengthy process that if not done within the specific confines of the Michigan Eviction Statute can cost you a lot of time, money and aggravation.
If you would like to learn more about how to evict a tenant a Free - Michigan Tenant Eviction Process Explanation is provided at the bottom of this web page.
They also offer a link to Free - Michigan Tenant Eviction Notices & Landlord Forms.
If you have any questions about the Michigan Tenant Eviction Process and how it relates to your specific situation as a landlord or property manager please contact your local Detroit Kick'em Out Quick® Member Eviction Attorney for a Free Initial Consultation.
They are Affordable & Professional and they will evict your non-paying or nuisance tenant(s) just as quickly as the law allows.*
Call Eviction Attorney Gary Segatti today to discuss your case (248) 423-9700.
And don't forget after your eviction is complete submit your Tenant Collection or Judgment (including Attorney fees) online in the Collection Section of this web site.†
Non-payment of rent is the most common reason why an eviction is started and below is a brief outline and explanation of how the process works.
Reason for Eviction – Nonpayment of Rent
1. Providing Notice to the Tenant – Pay Or Quit
You must give the tenant notice that you are beginning the eviction process. For non-payment of rent, you must provide what is called a 7-Day Notice. On the 7-Day Notice, you need to include the amount of rent owed at the time that you are filing the 7-Day Notice, and the names of all occupants living in the rental unit.
The 7-Day Notice puts your tenants on “notice” that failure to pay rent within the 7-day period will allow you to submit a Summons & Complaint for Nonpayment of Rent.
2. Filing the Eviction – Summons and Complaint
You must ensure that the Summons & Complaint is properly filled out, that you include all necessary documents (including the Lease, a copy of the 7-Day Notice, and sometimes a ledger of accounting demonstrating that the tenant is Past Due). It is also imperative that you include proper payment to the Court for all necessary filing and service fees. Failure to provide adequate information with your Summons & Complaint to the Court will cause additional delay that will benefit your non-paying tenant.
Remember: the filing fee amount for Evictions varies widely, based upon what you are asking the court to do and on the amount in controversy (how much the Tenant owes you).
Once filed with your court, the Clerk will assign your Eviction a case number, provide a copy of the packet to a Court Officer for service of process (in accordance with your decisions above), and schedule your case for hearing before the judge. The hearing is usually (not always) within 10 days of successful filing of your Summons & Complaint.
Note: The actions that the court will take is wholly dependent upon which district the property resides, and the local court rules and procedures that your district court abides by.
3. Arguing your Case – The Hearing With The Judge
At the hearing, you present your case to the judge, the tenant presents his or her case as to why they are either paid up or exempt from paying you what you claim is owed. The judge will usually render a decision right from the bench, and require you and the tenant to sign a judgment. If you won your case, the judge will tell the tenant how much time they have before they need to move out. Michigan law requires at least 10 days for the Tenant to move out. Sometimes, the judge will give the tenant even more time.
Note: Depending on what you paid as a filing fee, and how the Tenant was served, you may either receive a judgment for possession only, or for possession and a money judgment for damages (back rent). Care should be taken to determine what is the best option or likelihood of outcome for your specific situation. Each Eviction case is unique, and certain strategies can truly effect how successful you are with each outcome.
It is usually the Landlord’s responsibility to prepare the judgment for you and the tenant to sign. This is then entered by the Clerk, and you will receive a copy of the judgment.
4. Writ For Eviction – When the Tenant Still Won’t Move Out
After a successful judgment has been entered, the tenant has time to move out. If they have not moved out in the prescribed time, you can then ask the court to forcibly remove the tenant with an Application and Writ for Eviction. You will file this with the court, and then schedule the posting of the notice with a Court Officer. If the Tenant is still in the property, the Court Officer will forcibly remove their belongings, and allow you to change the locks. The time frame for this action varies widely, depending on how busy the Court Officer is, and when he can schedule to arrive at the property.
5. Summary – Evictions are Trickier Than They Seem
Although Evictions seem to be a “run of the mill” legal proceeding, they require strict adherence to the law, attention to detail, and some strategy from the outset to be accomplished with maximum effectiveness. Any small slip-up on the part of the Landlord will cause unnecessary delay, allowing the Tenant to remain in your property rent-free for additional days and weeks.
Remember: Different Evictions require different types of notice. The steps identified above only relate to situations where the Tenant has failed to pay rent. Other types of evictions include, but are not limited to: (1) Illegal Drug Activity; (2) Serious and Continuing Health Hazards; (3) Violation of Lease Provisions; and (4) Holdover Tenancy. These types require even more care in proceeding, since they require different timelines for filing, and include separate filing documents and proof.
Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.