How do you evict a tenant in Michigan?

1. What is eviction?

Eviction is the legal process landlords go through to remove a tenant from a rental property due to a breach of their lease agreement or nonpayment of rent.

2. When can a landlord evict a tenant in Michigan?

A landlord can evict a tenant in Michigan for various reasons, including nonpayment of rent, lease violations, property damage, or illegal activities on the premises.

3. **How do you evict a tenant in Michigan?**

To evict a tenant in Michigan, landlords must follow a specific set of legal procedures. The first step is to provide the tenant with a written notice, either a “Notice to Quit” for nonpayment of rent or a “Notice to Cure or Quit” for lease violations. If the tenant fails to remedy the issue within the specified time, the landlord can file a lawsuit known as an “Eviction Complaint” in the district court where the rental property is located. It is important to consult an attorney or familiarize yourself with Michigan landlord-tenant laws to ensure compliance with the eviction process.

4. What types of notices are used in the eviction process?

The two main types of notices used in the eviction process in Michigan are “Notice to Quit” and “Notice to Cure or Quit.” The “Notice to Quit” is served when a tenant fails to pay rent, allowing a minimum of seven days to move out. The “Notice to Cure or Quit” is used for lease violations, providing the tenant with a minimum of 30 days to remedy the violation or vacate the property.

5. What happens if a tenant refuses to leave after receiving an eviction notice?

If a tenant refuses to leave after receiving an eviction notice, the landlord must file a lawsuit in the district court. A hearing will be scheduled, and if the court agrees with the landlord’s claim, a judgment for possession will be issued. If the tenant still does not vacate the property, the landlord can request a writ of eviction, allowing law enforcement to physically remove the tenant.

6. Can a landlord legally change the locks without evicting a tenant?

No, landlords cannot legally change the locks without going through the proper eviction process. Self-help measures, such as changing locks, removing personal belongings, or shutting off utilities, are illegal in Michigan and can result in severe legal consequences for the landlord.

7. Can a landlord increase the rent during the eviction process?

A landlord cannot increase the rent during the eviction process unless the lease agreement specifically allows for rent increases under such circumstances. Otherwise, the terms of the original lease agreement must be honored until the eviction process is complete.

8. Can a tenant be evicted for complaining about maintenance issues?

No, retaliatory evictions are unlawful in Michigan. A landlord cannot evict a tenant solely for complaining about maintenance issues. However, tenants must still fulfill their obligations under the lease agreement to avoid eviction for other reasons.

9. Can a landlord evict a tenant for having pets?

Yes, a landlord can evict a tenant for having pets if the lease agreement prohibits pets or if the tenant violates pet-related rules and regulations. However, landlords must follow the required eviction process to enforce this.

10. Can a tenant be evicted during the winter months in Michigan?

Michigan law does not prevent landlords from evicting tenants during the winter months. However, utility regulations require landlords to provide heat throughout the entire lease period.

11. Can a tenant stop an eviction by paying the overdue rent?

Yes, a tenant can stop an eviction for nonpayment of rent by paying the overdue rent and any applicable late fees before the eviction hearing. However, once a court enters a judgment for possession, the tenant’s ability to prevent eviction by paying rent is limited.

12. Can a landlord evict a tenant without a written lease agreement?

Yes, a landlord can evict a tenant without a written lease agreement. However, in the absence of a written lease, the tenancy is considered month-to-month, and the landlord must provide appropriate notice before initiating the eviction process.

Dive into the world of luxury with this video!