Residential evictions have become a hot topic in Michigan. As you probably know, COVID-19 destabilized everything. But as things normalize, a lot of the past restrictions have been lifted. Thus, eviction laws in Michigan during the pandemic are slowly easing up.
As a landlord in Michigan, you’d probably want to know whether you can evict a tenant, and in this article, we’ll cover exactly how it works and the current laws.
So, let’s get started.
The short answer: Yes.
The long answer: The Michigan eviction ban lasted until 7th September 2021. It means that a landlord can evict a tenant who’s behind on their rental payments. It also means that a landlord can evict a tenant who’s done something harmful to others.
As a Michigan landlord, you can evict a tenant for any of the following reasons:
- Rent nonpayment
- Violation of lease terms, for instance, the tenant has damaged the property and did not fix it to your satisfaction
- Violation of Michigan Law like drug use, endangering other tenants’ safety, causing a disturbance in the neighborhood
- Failure to move out after a lease ends
- The person on the property has no legal right to be there
You have to follow a dully spelled-out Michigan eviction order when planning to evict a tenant.
A tenant can only be evicted in Michigan after they have received a notice. The amount of time that a landlord should give depends on the reason for eviction, but it’s usually 30 days.
The notice is known as a notice to quit or a notice to vacate.
It’s illegal to evict a tenant without taking any legal action. Likewise, any ‘Self Help’ measures such as changing the locks, throwing away a tenant’s belongings, or shutting off utilities are illegal and can result in legal action.
The notice should contain:
- A demand that the tenant pays the rent or leaves if they have violated the lease.
- A warning that you will take legal action to evict them if they don’t comply with your demands.
- The date and time by which the tenant must move out.
- Be served in person, via registered mail, or posted on the renters’ front door.
When the tenant is defiant, you can file a summons and eviction complaint. The court will ask for specific details of the case. For instance;
- The name and address of the tenant,
- A statement that they didn’t pay rent or violated a lease clause,
- The notice to quit or notice to vacate that you served, and its date, and
- Details of your claim for damages or unpaid rent.
Once you file a summons and eviction complaint, the court will set a date for a hearing to explain why you want to evict the tenant. If the court rules in your favor, you will get an eviction order known as a writ of restitution.
Executing the eviction order comes last, but it’s crucial because it tells you how to evict a tenant in Michigan. The eviction order will give specific instructions on what to do to evict the tenant and remove any belongings left behind.
Here’s an example:
If the eviction order says that you can use an eviction company to evict the renter, make sure that you comply with this instruction.
If it allows you to change their locks or shut off utilities yourself, make sure to use a certified locksmith, and only a utility company shuts off the utilities.
If the eviction order says you should evict a tenant yourself, remember that you can’t lock them out or remove their belongings without a police officer present.
Do not destroy anything except what is permitted by your eviction order. Doing so will make things much harder for you during the next stage of executing an eviction order.
You can hire an attorney right from the time you want to start the eviction process. Involving an attorney from the start enables you to understand the legalities, timeline, and necessary steps.
For instance, some eviction orders may not be enforceable against all tenants. An attorney can help you make sure your order is enforceable against every tenant who has to move out of your property. An eviction attorney also assists in court proceedings, so you don’t have to go alone.
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Hanna & Jarbo only deals with creditors. This singular focus has allowed the firm to develop expertise to serve its clientele better. Specific areas include:
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If you’re wondering why you should work with Hanna & Jarbo, here are a few reasons:
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Are you a landlord seeking debt collection services in Michigan? Then Hanna and Jarbo is your go-to Debt Collection Law Practice.
We service all Michigan counties, so contact us today to discuss your account.