Lease expired on 8/1/10 & tenants will not move out of home. They owe rent for month of July and now August, what should we do?

Asked almost 4 years ago - Ecorse, MI

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.

Attorney answers (2)

  1. Christine Marie Heckler

    Contributor Level 16

    Answered . 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.

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    DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com

  2. Steven Alan Fink

    Contributor Level 20

    Answered . You have to file a lawsuit seeking to evict them and have them pay the unpaid rent.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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