We often get asked questions about the eviction process by owners and tenants alike. While various municipalities can have slightly different rules, the general process remains the same. Below is an outline of the steps, processes, and frequently asked questions:
For what reasons can a tenant be evicted?
The number one reason for evictions is non-payment of rent but tenants may also be evicted for a host of other reasons including breaking rules and laws.
What is the first step in starting the eviction process?
The first step in the eviction process is for the property owner or manager to serve the tenant with either a "Notice to Quit" or "Demand for Posession." These two documents are uniform throughout the state of Michigan and give the tenant the option to correct the situation or move out of the property.
Can I represent myself in an eviction case?
Tenants and individual owners can represent themselves in court but properties owned as businesses (LLCs, etc) must be represented by an attorney. Michigan Management always recommends hiring a professional real estate attorney.
There are different types of judgments, what do they all mean?
Consent Judgment: A consent judgment is a mutually agreed upon resolution between the property owner and tenant that the judge makes binding.
Default Judgment: A default judgment is issued by the judge when the tenant does not show up for court. Essentially the property owner and property management company automatically win the suit and can legally regain posession of the property through an order of eviction.
- What if the tenant does not comply with the judgment?
If the tenant does not comply with the judgment, the property owner can file for an Order of Eviction. The actual eviction may also be referred to as a physical eviction because this is when personal belongings are physically removed from the property. Once an Order of Eviction is signed by a judge a balif will perform the physical eviction and remove the tenants belongings from the property.
If you are a landlord and are considering taking steps to start the eviction process, please contact us to learn about how we can help.
*The above information is for refernce only and should not be used as legal advice. Please consult a professional real estate attorney for more detailed information about the eviction process.