Can a landlord kick you out without legally evicting you through the courts
Marquette, MI |
owe some back rent landlord called and said we had to move out by the first of May didn't take us to court for eviction or anything plus I have 5 children I need some time to find a place to move all my stuff I can't just be up and be out that quick
If you are on a month to month lease, the landlord would need to evict you, if you refuse to leave. Going through the court process would take roughly 6 weeks, including the time it takes to give you 30 days notice. It is not really advantageous to either one of you to go through eviction proceedings. It is possible that the landlord will agree to work with you and give you a little more time. This is something you should discuss, as soon as possible.
I would start looking for another place to live, if this is your situation, however. Six weeks goes by really quickly, particularly if you need to pack up and move.
If you are not on a month to month lease, then you would need to review the terms of the lease to determine whether the landlord can evict you and under what terms.
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The key here is notice. Prior to a landlord evicting you, they have to give you a notice for non-payment and demand for possession of premises (typically called the 7 day notice). You then have "7 days" to cure the default or pay what your behind on. If you still fail to do that, then they would have to schedule a hearing for eviction. If the eviction is entered, MI statute still requires the court to give you at least 10 days to move out. So the short answer is that cannot evict you without first going through this process.
There is a legal process of eviction. If you are in violation of your contract (i.e. failure to pay rent), your landlord has a right to evict you.
If you are on a month-to-month lease and your landlord gives you proper notice to terminate that lease, you need to leave. If you choose not to leave, the landlord will need to follow the proper eviction procedures.
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