Evicting a Tenant in Michigan

Posted over 1 year ago. Applies to Michigan, 2 helpful votes

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1

Determine the right forms.

http://courts.michigan.gov/Administration/SCAO/Forms/Pages/Landlord-Tenant-and-Land-Contract.aspx, has the official court forms needed to handle landlord tenant matters in Michigan courts. Understand that these forms are fillable but not saveable filled in. So be certain to print what you type in. You can also download these forms into a pdf filler program like pdffiller.com to fill them in and save them to your computer. For Non-Payment of rent you will need the form Demand for Possess, Non-Payment of Rent. Summons, Landlord Tenant Complaint, Non-Payment of Rent Jugement Landlord Tenant Application and Order of Eviction For Tenants holding over you will need: Notice to Quit, Termination of Tenancy Summons, Landlord Tenant Complaint, Termination of Tenancy. Judgement, Landlord Tenant Application and Order of eviction There are separate forms for mobile home parks, where the renter rents the lot, and owns the mobile home. These are not covered by this simple guide.

2

Make a Demand

You must first send by first class mail either the: Demand for Possession, Non-payment of Rent or Notice to Quit, Termination of Tenancy There is a 7 day waiting period for non-payment of rent. There is a one rental period waiting period for the Termination of tenancy, generally 1 month. On these forms, you will fill out your name as Plaintiff, and all of the occupants by name, if known as defendants. If you know there are others non-listed in the house, you will need to state and all other occupants on these forms. On the Non-payment of rent, calculate the amount in arrears, and fill this in. Give an address for the property and if there are additional reasons to evict those can be added. The Termination of Tenancy is even easier. Just fill in the Plaintiff and Defendants, and a date when the Tenancy (i.e. lease ended) calculate the thirty days and tell them to be out.

3

Prepare the complaint .

The Non-payment of rent complaint will have the same Plaintiff and Defendant boxes. Fill these in. Then fill in your name as the person entitled to possession. Check the box that there is no other law suit pending. Fill in the terms of the lease and how much money is then owed. You must mark he box that says the property is fit to live in. You can do a supplemental complaint for damages for the late rent. I ussually as a lawyer do not, because we often have to sue for damages later to the property. Also if you are asking for damages and not just an eviction you have to personally serve each occupant and not post it on the door of the premises. For termination of tenancy, you will fill in the same boxes for plaintiff, defendant, no litigation pending. You will then give the date the tenancy terminated and how. Sign both complaints.

4

Do the Summons, File and Serve the Complaint.

Enter the Plaintiff and Defendant on summons. The file number at the top right will be Year-_____________-LT. This will allow the court to enter a file number when you file it. Call the District Court for your county, (phone available on Courts.michigan.gov) and get a landlord tenant eviction hearing date. Fill that date and time in. One copy equals one Summons, One Complaint, Once copy of Demand for possession or Notice to Quit, One copy of lease. Make enough copies to have One for the Court, Two for each Occupant, One for yourself. If you are trying to get damages you will need to personally serve each occupant. If just trying to evict the tenants you can just have the premises posted. The easy way to do this is contact the sheriff's office in the county where they live. It will cost $45 to file the eviction, $90 or more based on damages to file with damages.

5

Prepare Judgment and Appear in Court.

Prepare the Judgement before the Court date. This will mean filling in the form with the information you put on the Complaint you filled out. Leave any item blank that you are not sure about, because the Judge will fill in what he thinks is appropriate at the hearing. Show up the date and time of the hearing that was on the summons. Ask a clerk where you should be. Tell the judge or magistrate the situation and ask them to fill in and sign an Judgement. After judgement is signed, mail to to tenant. If the tenant is not out at end of time the judge gave the tenant (ussually 10 days) file the Application and Order of Eviction with the Court. When this is signed get it to the Sheriff, who will set up a time with you to show up and evict the tenant. You will be responsible for removing their belongings to the curb if they are not out. Most sheriffs will deliver a copy of the order one day and come back a day or two later to finish the eviction.

Additional Resources

The forms at Courts.michigan.gov provide a lot of specific instructions, that I am not reiterating here. This is a basic process guide.

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