What is the procedure to evict a tenant?

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Real Estate FAQ

Q.    What is the procedure to evict a tenant?

A.    The following is a brief outline of the procedure:

  • Some INCIDENT gives rise for eviction. (MCL 600.5714)
  • Notice must be given as appropriate pursuant to the following guidelines:
  • 24-HOUR NOTICE is required for the following reason: Illegal drug activity and formal police report filed (lease provision must allow for termination).
  • 7-DAY NOTICE is required for the following reasons:
  • Nonpayment of rent;
  • Extensive and continuing physical injury to property;
  • Serious and continuing health hazard.
  • 30-DAY NOTICE is required for the following reasons:
  • Violation of a lease provision and the lease allows for termination;
  • Forceful entry OR peaceful entry, but forceful stay OR trepass;
  • Holding over after natural termination of lease term;
  • “Just cause” for terminating tenant of mobile home park; OR
  • “Just cause” for terminating tenant of government-subsidized housing.
  • BEGIN THE LAWSUIT after the time period (24 hours, 7 days or 30 days) has expired if things cannot be worked out. File with the district or municipal court and serve on the tenant a Summons and Complaint. (MCL 600.5704 and 600.5735)
  • A TRIAL OR A HEARING is scheduled to be heard within 10 days. If either party appears without an attorney, but requests to retain one, the judge will generally adjourn the trial or hearing for 7 days.
  • A JUDGMENT, or decision, is rendered by the court. The Judgment will either be in favor of the landlord evicting the tenant, OR in favor of the tenant allowing the tenant to remain in possession. A money award may also be entered for damages incurred by either party. [Michigan Court Rule (MCR) 4.201(K)]
  • Within 10 days after judgment, either party may APPEAL the judge’s decision. The party appealing the judge’s decision must pay an appeal bond, filing fees, and transcript fees to preserve the appeal and stop the Order of Eviction from being issued. [MCR 4.201(N)]
  • After 10 days, an ORDER OF EVICTION may be requested, issued and executed. [MCR 4.201(L)]

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