THE LAW OFFICE of DOMINIC SILVESTRI, PLLC


HOW TO EVICT A TENANT IN MICHIGAN

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How to Evict a Tenant in Michigan

Evicting a tenant can be a daunting task. It is extremely important to prepare, send and file the proper documents. Otherwise a court will simply dismiss your case and make you start over.  In the meantime, you are not collecting any rent and cannot take possession of your own property.

Here’s an overview that may help. Of course, this should not replace the sound advice of a Landlord-Tenant lawyer:

1. Review your lease agreement. Does it address your circumstances? Does it give you a right to terminate your tenant’s lease? What is your basis for termination? This is important as it dictates what forms you must use to provide your tenant notice of your intent to end the lease.

2. Send the proper Notice under Michigan law:

If your tenant has not paid rent and is in default of the Lease for non-payment of rent, you must use the form: Demand for Possession/Non-Payment of Rent; this is sometimes called the “7-day Notice”

If your tenant’s lease has expired and you do not wish to renew the lease, you must use the form: Notice to Quit; this is sometimes called the “30-day Notice”

If your tenant is causing immediate damage and/or causing a health risk, you must use the form: Demand for Possession,  Damage/Health Hazard to Property

If your Lease has expired and you do not wish to renew the tenancy, you must use the form: Notice to Quit to Recover Possession of Property

If your tenant is engaging in Unlawful Drug Activity, use the form: Demand for Possession, Termination of Tenancy Due to Unlawful Drug Activity

3. File A Complaint with the District Court in which the Property is located

The type of Complaint you file matters, depending on which Notice you sent your tenant; you can and should use these form Complaints.

Be sure to attach a copy of your Lease and your Notice to the Complaint;

4.Get a Hearing Date

Most courts in Michigan will give you a hearing date within 10 days. Be ready and have all your documentation at your immediate disposable for this hearing.

5. Serve the Tenant with a copy of the Complaint

Some Courts require you use their Court Officers to serve the complaint. This is not a bad thing. However, if personal service is not made, you may not seek a money judgment against your tenant.

6. Attend the Hearing

Once your tenant has been served, you must provide proof of this service to the court, unless your process server will do this for you. Assuming your tenant has been properly served, show up for the hearing. Be ready and have all your documentation at your immediate disposable for this hearing.

Good Luck!


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