The tenant still owes us partial rent for the month of July and the lease expired on 8/1/10. They said that they would be out of the home on the expiration date of the lease, but they will not get out of the home. We served them with a 7 day notice to quit for non-payment of rent on 8/8/10 and the 7 days will be up today. What should we do now? We had to rent the home because we couldn't sell my husband's house after we got married in October 2008. We couldn't sell it for what we owed. This is so stressful.
Real Estate Attorney
You have to file a lawsuit seeking to evict them and have them pay the unpaid rent.
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Child Custody Lawyer
The above answer is correct. You must file a lawsuit to evict the tenant. In Michigan, this is called a summary proceeding for the possession of land. You must file a complaint that complies with the format requirements established by the Michigan Rules of Court. You must also attach a copy of the lease and the 7 day notice to quit to the compliant.
Often times the amount of money involved in a landlord/tenant dispute does not justify the cost of hiring an attorney. Therefore, my office offers unbundled services. Instead of hiring an attorney to actually represent you in court, my office can prepare the court documents for you and counsel you on the court procedure. This is not an appropriate option for all cases, but it might work for you.
I have attached a link below to my fee schedule for document preparation in landlord/tenant disputes.
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