Michigan Eviction Notice Forms – PDF Templates
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Landlords in Michigan must abide by the legal process to evict a tenant rather than trying to force the tenant out on their own. It is important to follow the process so that a court will not dismiss the attempt to evict. Depending on the process it may take as little as twenty seven (27) to fifty seven (57) days to complete the evcition.
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How to Evict a Tenant in Michigan
There are different types of notices in Michigan. Property owners must use the notice that corresponds with the reason they are evicting the tenant.
For nonpayment of rent, or for being a health hazard, the owner must provide a seven (7) day notice before commencing an eviction. It gives the tenant a week to pay the rent due, which would stop the eviction. For month-to-month leases or serious lease violations, owners must provide a 30-day notice.
Notice must be in writing and personally served to the tenant or a housemate of majority age. The notice must contain the property address, tenant names, the reason for the eviction, the time to remedy the violation, date, and owner’s signature.
If the tenant has not paid rent or corrected the violation after the given period, the owner can ask the court to issue a Summons and Complaint for eviction. The court will mail these to the tenant or deliver them in person. The Summons informs the tenant of the time and place for the eviction hearing, and the Complaint states why the landlord wants to evict, and whether the tenant must pay the landlord rent or damages in addition to moving.
Owners will need to bring a copy of the notice and the lease to file the Summons and Complaint. The hearing will be scheduled four to eight days after these documents are filed. Tenants are not required to answer the Complaint in writing unless they wish to assert counterclaims or affirmative defenses, such as retaliatory eviction.
Tenants must appear at an initial hearing or have an attorney appear for them. At the hearing, the tenant may ask to have the later trial postponed for two weeks if he or she is unsure how to defend against the eviction. If the tenant does not appear, the judge will issue a default judgment to the landlord. Then the landlord may request an Order of Eviction through the application after 10 days if the tenant has not left the property.
After this hearing, there will be a pretrial hearing where both sides will state their arguments to a judge, and the judge will set a trial date.
At the trial, each side will present its case with supporting documents and witnesses. The judge will decide who should prevail, and allow 10 days for the tenant to move if the landlord prevails. After this period, the landlord may obtain an order for the sheriff to physically remove the tenant.
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