Michigan Lawyers’ helping Landlords in the Eviction process:
A Court ordered eviction must be attained through certain legal processes. Below are 3 legal bases wherein a landlord can legally evict their renters:
- Your Tenant has created a health hazard
- Your Tenant has not pay his/her rent
- The Tenant’s Tenancy has already been terminated, and they are holding over
Q: What should I do if my renter has not move out even when I demanded him to or he has stopped paying rent?
To begin with, it is not legal if you change locks, shut off utilities like electricity and water, and apply force or try to use it in order to get rid of the tenant. Other illegal actions include emitting bad smells, using loud sounds, and destroying and confiscating the tenant’s personal property. In the state of Michigan, eviction that is ordered by the Court is the only legal kind. If you are a landlord and you force your renter out with any method, such an eviction is considered to be illegal. In this case your renter could be entitled to temporary retrieval and damages of the property rented. A tenant that is wrongfully evicted could also be entitled to damages against you, the landlord.
Q: How long do evictions take?
It typically takes 4 to 6 weeks for any eviction to be fully processed; however, depending on the Court it can take significantly longer. This time span applies from the date your renter obtains the Notice to Quit, up to the very day when the sheriff knocks on his or her door for the physical eviction.
Apart from the County sheriff department, an authorized police officer is sometimes authorized to remove the tenant from your property legally. Such person must bring with him a court order eviction which is known as “writ of eviction.” As a landlord you can also be allowed to hold damages from the security deposit of your tenant.
Q: What is a Notice to Quit?
For every kind of eviction, a landlord has to use a Notice to Quit which is issued prior to any legal eviction. This legal document is given to tenants when the owner wants them to move or pay.
There are three forms of Notice to Quit:
- 7 Day Notice for non-payment of rent – tells how the tenant owes they owe in unpaid rent and states that he/she only has 7 days to pay the rent, move to another place, or undergo procedures for eviction.
- 30 Day Notice to end tenancy – ends a tenancy that is on a month to month basis.
- 7 Day Notice for health hazard – only used if you want to evict a tenant that has become or caused any hazard to health as well as causing any serious property damage.