[MI] How do I begin the eviction process on a tenant who hasn't paid rent?
Under Michigan law, you will first have to give them a written notice to pay or vacate (MI Comp L § 600.5714(1)). You can hand it to them or mail it by certified mail. The tenant will have seven days to either pay the rent due or vacate the premises.
If they do not vacate in the notice period, you will then fill out and file an eviction complaint/petition with your local small claims court. You will then have it served on your tenant by a process server, court officer, or sheriff.
Finally, the judge will schedule a hearing to determine whether your tenant should be evicted based on the evidence (such as your notice, the lease terms, and the tenant's payment history).
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Do I have to have a tenant who hasn’t paid rent served, or can I give it to them?
I understand this must be frustrating. Have you already provided the tenant with a written notice to pay rent or vacate?
Not yet, planning on doing that tomorrow.
Is the rental property located in a state with specific laws regarding eviction procedures?
Not sure. It is Michigan.
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with the eviction process in Michigan.
Not at this time.
Hello, my name is Charlie and I am a licensed attorney.
Do you have a lease with the tenant?
Their lease expired in November and they have been doing month to month.
Understood. How far behind in rent are they currently?
Right now technically one day. There is a verbal agreement to change the due date to the 10th, but they just got caught up from December two weeks ago. They are also not responding to any communication.
When did you last speak to them?
Two weeks ago, when they paid rent.
Understood.
I am sorry to hear of this issue.
Under Michigan law, you will first have to give them a written notice to pay or vacate (MI Comp L § 600.5714(1)). You can hand it to them or mail it by certified mail. The tenant will have seven days to either pay the rent due or vacate the premises.
If they do not vacate in the notice period, you will then fill out and file an eviction complaint/petition with your local small claims court. You will then have it served on your tenant by a process server, court officer, or sheriff.
Finally, the judge will schedule a hearing to determine whether your tenant should be evicted based on the evidence (such as your notice, the lease terms, and the tenant's payment history).
If at any time you need an attorney to assist you, you can find a local attorney by contacting your local bar association and asking for a referral to one. You can also contact your local legal aid society as they offer free and low-cost services in these types of cases. Another good resource is to contact your local law schools as they often have clinics with attorneys that will assist in these types of cases. Again, I am sorry to hear of this issue. If you have any follow-up questions, I will be very happy to assist you.
Ok thank you.
You are welcome. If you have any further questions on this topic, please let me know.
Will do.
Hello again, this is Charlie from AskaLawyer. I just wanted to come back into the chat and see if you had any follow-up questions or concerns for me? If you do, I will be very happy to assist you further! Thank you!
If the tenants refuse to acknowledge the pay or vacate notice, do we just proceed with the eviction process?
Yes.
Ok thanks.
You are welcome.
Thank you so much for using AskaLawyer. I wish you the very best in this difficult situation. If anything changes and you have any follow up questions for me, I will be very happy to assist you further. Take care!
