A tenant can be legally removed from a property through the process of eviction. In order for a landlord to evict his or her tenant, the court must issue a certified Order of Eviction. As per Michigan law, the landlord must finish the eviction proceedings by following a particular set of protocols; the landlord cannot suddenly replace the locks or cut off utilities in order to kick a tenant out of their rental property without first obtaining court approval.
It is possible for the landlord to be sued by the tenant in the event that they use illegal eviction methods. Tenants who utilize their constitutional rights, such as reporting construction flaws, are protected from landlords who try to remove them by evicting them for exercising their rights.
Evictions in Grand Rapids, Michigan, are handled through a process known as “summary proceedings,” which is a streamlined version of the normal legal process. It enables eviction hearings to be scheduled as soon as possible after the landlord files the necessary paperwork in court.
Reasons Why A Tenant Might Get Evicted From Their Property In Grand Rapids
A Health Or Safety Infraction Of A Substantial Nature
The landlord must serve a 7-Day Notice to Quit if a tenant breaks any health, construction, safety, or housing codes. Examples of possible violations are: causing damage to a unit’s plumbing, not putting trash out for a lengthy period of time and causing infestation, and harming a device’s electrical wiring.
There is no legal obligation upon landlords to provide tenants an additional seven days in order to complete repairs or rectify an issue. The landlord can file for eviction again if the tenant refuses to leave the property after the notification time has expired.
Tenant Noncompliance With Rent Due Dates
Even a day after the due date is considered a day late for rent. If it is indicated in the lease or rental agreement, a grace period may be available. Until a landlord has served the tenant with a valid written 7-Day Notice to Pay or Quit, the landlord cannot begin the eviction proceedings against them.
If the rent is paid within the seven-day grace period, the eviction process is halted. They may be evicted at any time if they are not able to make their payments and continue to occupy the property.
Committing An Offense
Illegal acts conducted on the property such as violence, robbery, assault, and a person’s involvement in the production, delivery, or use of any controlled substance necessitate a written 7-Day Notice to Quit. If narcotics are involved, landlords should call the authorities and file an official police complaint. Only a 24-Hour Notice to Quit will be served on tenants if such a situation arises.
Lease Termination/No Lease
According to Michigan law, a landlord must give a tenant notice before evicting them if they remain in the property after their contract has expired. Month-to-month tenants, renters without a long-term agreement in place, and short-term renters are all included in this.
This form of eviction usually occurs when the property manager does not want to extend the lease of tenants who are nearing the end of their term. Every landlord must provide the tenant a 30-day notice to leave irrespective of the kind or duration of the tenancy. Landlords must evict tenants who refuse to leave despite receiving notice.
Breaking The Terms Of Your Lease Or Rental Agreement
One of the most prevalent grounds for evicting a renter is for lease violations. In this case, the tenant is usually breaking or disobeying a rule set down in the lease, such as:
- Smoking when it is not permitted in the rented unit
- Pet ownership without authorization
- Renting out the rental property
A 30-Day Notice to Quit is required by law if a tenant breaks any of the provisions of the lease agreement. The eviction procedure is halted if the renter is able to fix these difficulties in a timely manner.
The Process Of Evicting Tenants (In Grand Rapids)
Send A Letter Of Warning
Subjecting your tenant to a written warning letter can be an effective first step—especially if they’ve lived in your rental property for several years and have a strong track record of paying their rent on time each month or if you’ve offered them a “grace period.”
Even the best tenants can get hostile when served with a legal notice. Even a simple warning letter could help both parties avoid conflict and secure a favorable outcome, such as the payment of the rent.
Demands for custody of the property or payment of rent must be made. Demands for eviction must be made in writing, directed to the existing occupants, and include an address or a concise description of where they are located. The demand must explicitly specify the grounds for the demand and the amount of time the individual has to respond.
It is imperative that the current rent amount be included if the demand is for payment. The amount of time that a landlord must provide a tenant following notice is determined by the basis for the eviction, as mentioned earlier.
A Complaint Is Filed
A complaint must be filed in the District Court that has authority over the region in which the leased property is situated if a tenant does not comply with your notice (e.g., does not pay the rent or does not move out).
It is necessary to submit the proper paperwork in order to file the complaint, namely a “court” version of the authentic notice delivered to the tenant, the complaint form, a summons form, a judgment form, a copy of the lease, and a #10 stamped envelope. Due to computer-produced forms in some courts, only the notice and complaint have to be submitted, with the remainder of the paperwork handled by the court system.
Contact the District Court to determine what forms are needed to be filed. There will also be a payment levied at the time of submitting the application. An estimated 10-day timeline for the first hearing will be provided at the time of filing. It is possible that rural and small-town residents in the state will have to wait a few more weeks for their hearings. Then, once you’ve completed the paperwork and paid the fees, you’ll have to wait until after the hearing date before you can move forward.
Court Hearing And Judgment
Unless the local court has chosen to hear the case within five days of the date the summons was served on the tenant, the eviction hearing will take place within ten days of the date the summons was given by the court and will take place in the tenant’s home.
Generally speaking, tenants are not obliged to submit a formal, written response with the court in order to witness the hearing and challenge the eviction; nevertheless, they may do so if they so desire.
In the event that the tenant fails to appear for the hearing, the judge may enter an order in the landlord’s favor in lieu of the tenant’s appearance. Alternatively, if neither the tenant nor the landlord fails to appear for the hearing, the judge has the option of rescheduling it for another seven days.
This can cause the process to be prolonged, and it can be done by either the landlord or the tenant. A letter of restitution will be issued, and the expulsion proceedings will progress if the court deems in favor of the landlord.
Restitution Is Granted In A Writ Of Restitution
It will take ten days to serve a writ of restitution in the event that the court rules in the owner’s favor. If the judge approves it, you will be able to work out the specifics of the eviction with the appropriate court personnel. Executory action is typically delegated to law enforcement or an officiating court official.
You choose a date whenever a deputy or officer is available; this normally requires a two-week wait. After that, the official will enable you to access the residence and personally strip away the occupants’ possessions from the premises. There should be someone ready to assist you in moving furniture as well as an appropriate vehicle and supplies to do so. Following the removal of the tenant and their belongings, the locks must be replaced instantly.
Return Of Ownership Of Personal Property
The writ of reparation must be delivered to law enforcement officers within seven days of the day on which it was issued. After receiving a writ, Michigan state law does not define how promptly law enforcement agents must carry out the order once it has been received. It could be influenced by the number of other evictions that have already been authorized.
In order to ensure that the writ is issued as fast as possible, landlords and tenants should consult with the county or city where the rental property is located to see if there are any local restrictions.
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