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Landlord-Tenant Evictions/Recovering Possession of Property
This section provides some general information about summary proceedings for recovering possession of property, eviction (also called an eviction case or a landlord-tenant eviction case), and other landlord-tenant matters.
Landlord and Tenant Rights and Resources
If you are renting a home, apartment, mobile home or mobile home lot, or some other building
from someone, you are a tenant. A landlord is the person who is renting
the home, apartment, mobile home or mobile home lot, or some other building to you. A landlord is usually the property owner but not always. For example, sometimes the landlord is a person who is subleasing the property. Both
the tenant and the landlord have legal rights. See general information about the resources
and rights available to landlords and tenants published by the Michigan Legislature. Other resources about landlord-tenant matters and relations are available from MichiganLegalAid.org, the Michigan State University College of Law Housing Clinic, and the University of Detroit Law.
Legal Advice and Help
The information provided in the Self-Help Center is not legal advice.
The laws of Michigan do not allow the employees of the court or the judge
to give you legal advice. You should consult an attorney concerning
legal issues, but you do not need an attorney to file or defend a civil case if you are an individual.
If
you decide to represent yourself in an eviction case, this Self-Help Center may help you with the legal
process. If you come without an attorney to the hearing on your eviction case, the court should inform you of your right to hire an attorney and about any available legal aid assistance.
The Eviction Process
The following is a brief description of the
eviction process for landlord and tenant matters.
This site does not provide detailed information about mortgage foreclosure. If you want information about the mortgage foreclosure process, you may visit the website of the Michigan Foreclosure Prevention Project. If you are having difficulty with your mortgage, you may contact a Michigan State Housing Development Authority (MSHDA) certified nonprofit housing counselor. To find a counselor, go to http://www.mshda.info/counseling_search/, or contact MSHDA at 866-846-7432.
Reasons for Evicting a Tenant or Trespasser
A tenant or trespasser can be evicted from a property for several reasons.
The most common reasons are:
- nonpayment of rent,
- termination of periodic (month-to-month) tenancy or no-lease tenancy,
- termination for lease violations (if the lease authorizes termination in these instances),
- expiration of the lease,
- serious and continuing health hazard on the rental property,
- extensive and continuing damage to the rental property,
- illegal drug activity or use on the rental property,
- trespass onto or forcible retention of real property, and
- expiration of the redemption period following a mortgage foreclosure.
How to Evict a Tenant
A tenant cannot be evicted without a court order. The legal process for getting a court order requires:
- notice to the tenant,
- formal written complaint filed with the court,
- opportunity to answer and appear at a hearing/trial on the complaint,
- opportunity to demand a jury trial,
- entry of judgment of possession,
- application and an order to evict.
Notice
In most situations, before a landlord can file a complaint with the court to evict a tenant, the tenant must be served with a written "notice to quit," "demand for possession," or some other written notice from a landlord. The notice may ask the tenant to pay rent, repair property, remove a health hazard, move out, or take some other action.
Complaint
If a notice to quit or demand for possession is required and after the specified
time on the notice to quit or demand for possession has passed, the landlord (plaintiff) may file a complaint in the district court. Except for certain courts that have adopted a local court rule (listed below), a hearing (trial) will be scheduled by the clerk of the court and a summons (notice to appear in court) will be issued and served on the tenant (defendant).
Answer, Demand for Jury Trial, Hearing (Trial)
The defendant must appear and answer the complaint by the date on the summons. Appearance may be made by filing a written answer with the court and serving a copy on the landlord or by orally answering the allegations in the complaint at the hearing. Pursuant to local court rule, the following courts require a written response to be filed with the court before the hearing/trial will be scheduled: 1st District Court (Monroe County), 2A District Court (Lenawee County), 12th District Court (Jackson County), 18th District Court (City of Westland), 27th District Court (City of Riverview), 55th District Court (Ingham County), 81st District Court (Alcona, Arenac, Iosco, and Oscoda Counties), 82nd District Court (Ogemaw County), and 95B District Court (Dickinson and Iron Counties).
The defendant can demand a jury trial in the first response to the complaint, whether written or oral. If a jury trial is demanded, the court will adjourn the trial.
The court may also require the tenant to
deposit future rent payments into an escrow account until the case
is settled.
When the defendant appears, the court may hear/try the action, or adjourn the matter to a later date. At trial, the court must determine if there is an issue that can be "tried," and if not, it must enter a judgment.
Entry of Judgment
At the hearing (trial),
the judge or jury will decide if and under what conditions the landlord should be given possession
of the property. If the tenant fails
to appear and answer the complaint, a default
judgment giving the landlord possession of the property may be
entered.
Application and Order of Eviction
Unless the court enters an immediate order of eviction, ten days after a judgment for possession has been entered
a plaintiff may apply for an order to evict the tenant. This
order authorizes a court officer, sheriff, police officer, or other person authorized by court rule to restore the plaintiff to peaceful possession of the property, which includes evicting the defendant and removing the defendant's
belongings from the rental property.
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Self Help for Evicting a Tenant or Recovering Possession of Property
Nonpayment of Rent:
Self-Help Center >>
Damage to Rental Property/Health Hazard on Rental Property: Self-Help Center >>
Recovering Possession of Real Property or Terminating Tenancy: Self-Help Center >>
Illegal Drug Activity on Rental Property: Self-Help Center >>
Mobile Home Owner Renting a Lot in a Mobile Home Park: Self-Help Center >>
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