Warren Eviction Process

Step by Step – Landlord/Tenant Non-Payment of Rent
A Landlord’s Guide*

Step 1 – Send Demand for Possession (Notice to Quit for Non Payment of Rent) to Tenant

• Must be sent by the landlord (or his agent) to the tenant via regular, first-class mail or personal service.
• Landlord must certify demand swearing that the demand was sent, and by what method.
• Technically, the demand for possession has a seven (7) day time limit before the next date of action. However, this time period can change depending on method of service; for example, when sending by mail, the law presumes the day after the mailing was sent as the first day.
• Once demand expires, move to step two.

Step 2 – Send Documents to your Attorney; at a minimum your attorney needs:

• The fully executed demand you sent to your tenant;
• A copy of the lease; and
• A ledger showing what is owed and why.

Step 3 – File a Complaint for Non-Payment of Rent

• Complaint must be accompanied by copies of the Demand for Possession, copies of the lease, and the total amount of rent now owed.
• Depending on the court, the hearing date can be anywhere from ten (10) to thirty (30) days.
• Michigan Court Rules allow the joining of both possession and money damage claims in one complaint.

Step 4 – Obtain a Judgment

• Appear for the hearing and obtain judgment (Possession or both Possession and Money).

Step 5 – Wait

• By statute, a defendant in a summary proceeding (landlord/tenant) has ten (10) business days to appeal a judgment of possession or money damages.

• A typical judgment allows the defendant the opportunity to pay the balance owing within ten (10) days without being evicted.
  • If the defendant satisfies the judgment, before the ten (10) day period has lapsed, the case is over (at least until the next time the defendant falls behind).

• Defendant can also voluntarily relinquish the property before the ten (10) day period expires.
  • Voluntary relinquishment does not negate the tenant’s responsibility for damages.
  • Proceed with caution if you believe the tenant has voluntarily abandoned the premises.
  • Contact your attorney prior to entering property you believe to be abandoned by a tenant! Michigan banned self-help evictions and there can be serious consequences for unlawfully evicting a tenant.

Step 6 – Eviction

• File for eviction upon the lapse of the proscribed period if:
  • The defendant has not satisfied the judgment;
  • The defendant has not voluntarily relinquished possession of the property; or
  • It is unknown whether the defendant has voluntarily relinquished the property.

• Court officer will serve the eviction order on the defendant or the premises itself.

Acceptance of Partial Payment by Landlords

Scenario #1 – Notice to Quit (Termination of Tenancy)

• When a notice to terminate the tenancy is sent (not merely a notice for non-payment of rent), any acceptance of rent for any time past the expiration date of the notice will “reset the clock” and void your notice.

 EX: Larry Landlord sends Tina Tenant a Notice to Quit / Termination of Tenancy on March 7th, 2020. This notice states that Tina’s tenancy is being terminated and Tina must vacate the premises no later than April 8, 2020.

• Larry can accept March’s rent without jeopardizing his right to evict Tina.
• Larry can absolutely NOT accept any rental amount for a time period after April 8, 2020, otherwise Larry’s notice to Tina has been waived.  For example, if Tina tenders payment of April’s rent in full and Larry accepts it, Michigan Courts have concluded that Larry has implicitly voided his notice and agreed to allow Tina to remain on the property.

Scenario #2 – Demand for Possession for Non-Payment of Rent

• If this type of demand is sent out, which by its nature is for back rent, the acceptance of a partial sum of that back rent will NOT “reset the clock.”

EX: Larry Landlord sends a Demand for Possession for Non-Payment on October 1st for back rent (say for August, September, and October). If Larry Landlord accepted partial payments covering only August rent, but not September or October, you could still proceed to court based on the October 1st Demand.

• In essence, only payment in full of the Demand amount will negate your notice to the tenant and prevent you from proceeding with your case.

Scenario #3 – Complaint filed for Termination of Tenancy

• The same rules apply as set forth in scenario #1. Landlord’s cannot accept rent for any time period exceeding the notice except by order of the court.

Scenario #4 – Complaint filed for Non-Payment of Rent

• Once the complaint has been filed with the court only payment in full of all amounts due and owing as of the date of the scheduled court hearing will prevent you from proceeding with your case. See MCL 600.5741.

EX: Larry Landlord files a summons and complaint for non-payment of rent alleging Tina Tenant owes September and October rent; the scheduled court hearing is on November 15th. On November 7th Tina Tenant pays Larry Landlord September and October rent in full. Larry Landlord can still pursue his case for November’s rent and any court costs even though November’s rent was not due when the demand was sent nor was it due when the Complaint was filed.

* This is intended only as a cursory review of a portion of the laws applicable to landlord and tenant dealings and is not intended to replace the counsel of an attorney. Before taking any action in any landlord-tenant matter; contact an attorney.

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.