Can a landlord force a tenant off their property? Well, not on their own, unless they involve the court system. Below are the steps that a landlord needs to take in order to legally evict someone under Michigan law.
Notice
A demand must be made either for possession of the premises or for payment of rent. According to MCL 600.5716, This demand must be in writing, addressed to the person who is in current possession of the premises, and must give the address or a brief description of the premises. The demand must clearly state the reasons for the demand and how much time the person has to take action.
If the demand is for payment of rent, the current amount must be stated. The length of time a landlord must give a tenant after giving them a notice depends upon the reason for the eviction. MCL 600.5714 states that for nonpayment of rent, a landlord must give a 7-day demand for possession. However, a landlord can issue a 24-hour demand for possession if the tenant is involved in the unlawful manufacture of controlled substances.
If a tenant stays on the premises after their lease term has expired and the landlord wants the tenant to vacate the premises, the landlord must send what is called a notice to quit to the tenant. The time period that a landlord must give the tenant to vacate the premises depends upon the rental payment period (i.e. 30 days if you pay your rent monthly).
Filing the Complaint
If the tenant fails to vacate the premises or cure a lease violation in the allotted time, the next step is for the landlord to pursue legal action through the courts by filing a summons and complaint for eviction. Landlords need to be mindful that tenants have certain defenses to eviction proceedings. For example, a tenant can potentially defeat an eviction proceeding if the tenant can demonstrate that the lawsuit is in retaliation for enforcing their rights as a tenant, such as withholding rent because the landlord refused to make necessary major repairs.
Hearing & Order
After the landlord files the complaint and properly serves the tenant, the court will set a hearing before a judge. If the landlord wins the eviction hearing, the court will issue an order of eviction. In order to enforce an order of eviction, the landlord must give the order to a local sheriff, who will then escort the tenant off the property.
Are you facing eviction in Michigan? If so, call (888) 211-5798 to consult an attorney at Grewal Law PLLC. We will work to protect you, your housing, and your rights. Book your free, no-obligation consultation today!
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