THE HEARING

The court will tell the landlord and tenant the time and place of the eviction hearing. At the hearing, the landlord or representative should bring a copy of the Notice to Quit, the lease (if there is one), and any evidence or witnesses need to prove the case.


Depending on what you paid as a filing fee, and how the tenant was served, you may either receive a judgment for possession only, or for possession and a money judgment for damages (for example back rent, or damaged property repairs).


Care should be taken to determine what is the best option or likelihood of outcome for your specific situation. Each eviction case is uniquely different. Having experiences in a wide variety of eviction cases in multiple counties can help ensure your legal goals and save you money. Once the judge has ruled in the landlord's favor, the minimum of 10 days in usually the timeline norm for a tenant to completely vacate the rented property. 

 THE EVICTION

The eviction may be requested, issued and executed.  Issuance must occur within 56 days after the judgement is entered and must be executed no later than 56 days after writ is issued. Some situations can proceed faster and allow issuance of a writ immediately.


John R. Tatone & Associates has a history of extensive experience in eviction landlord representation in multiple Michigan counties. A typical eviction case usually gets resolved in 30-45 days (or less) total where tenant/s has vacated the rented property premises. Keep in mind that each eviction case is unique and this timeline can vary.  

HELPFUL LEGAL LINKS
FOR
LANDLORD EVICTION LAW
 THE SUMMMONS
& COMPLAINT
 BEGIN LAWSUIT EVICTION
BEGIN THE LAWSUIT:

After the time period in the notice has expired either 7 or 30 days if things cannot be worked out a landlord may begin by filing with the district court and serve on the tenant a Summons and Complaint.
 LANDLORD EVICTION DUTIES

Provide proper notice of intent to evict in
Michigan

Forms DC 100a, DC 100c

The notice MUST:


a) Be in writing.


b) Be addressed to the tenant


c) Describe the rental property giving the address.


d) Give reason for eviction.


e) State the time for tenant to take remedial action.


f) Include landlord’s signature and include date.


The notice MUST be delivered:


a) In person to the tenant.


OR


b) At the rental property, to a member of tenant’s
household should be an adult
requesting that it be delivered to the tenant.


OR


c) By sending it through first class mail addressed to the tenant.


(NOTE: If tenant is late on rent, the notice must be served directly to tenant otherwise taped to door served by attachment)


Eviction timelines comply with your state law deadlines, court schedule.

Some incident gives rise for eviction.
Michigan Statute


24 HOUR NOTICE is required for the following reason:

a) Illegal drug activity and formal
police report filed (lease provision must allow for termination).




7-DAY NOTICE is required for the following reasons:


 a) Nonpayment of rent.

b) Extensive and continuing physical injury to property.


c) Serious and continuing health hazard..




30-DAY NOTICE is required for the following
reasons:


a) Violation of a lease provision and the lease allows for termination.

b) Forceful entry OR peaceful entry, but forceful stay OR trespass.


c) Holding over after natural expiration of lease term.

d) Just cause for terminating tenant of mobile home park.


e) Just cause for terminating tenant of government-subsidized housing.



Eviction is the process by which a landlord removes a tenant from physical possession of their rented property. The legal action needed to obtain an eviction which is referred as an unlawful detainer.  Most frequently eviction consists of the removal of a tenant who has breached the terms of a lease or rental agreement by not paying rent, or a tenant who has stayed (held over) after the term of the lease has expired. The law of most states requires notice of eviction to be made within a certain time frame. Each state has different timelines for premise removal of a tenant.

EVICTION FACTS:


Landlord Eviction Process can begin when:



Non-Payment of rent.

Violation of rental agreement.

Not renting unit to anyone anymore.

​After a mortage redemption period has expired.

Other reasons can still be upheld depending upon situation and timeliness of occurance.

Eviction notices are usually executed on the  fifth day non payment of rent.
TIMELINE NOTICES LANDLORDS USE
MICHIGAN EVICTION LAWS 
18 years of landlord eviction attorney experience with strong real estate litigation experience.

Monthly experience in (multiple counties) court eviction matters representing landlords with hundreds of properties regularly.

Flat fee rate quotes - We know our timeline and what it takes to get your legal accomplishment.

Latest updates on landlord protection laws and utilizing the judicial system to your prevailing advantage.

Attends continuing legal education to ensure legal successes.


DISCLAIMER: Material presented on the John R. Tatone & Associates, PLC website is intended for informational purposes only. It is not intended as professional advise and should not be construed as such.
Copyright 2016 by John R. Tatone & Associactes, all rights reserved.

The Summons commands the tenant to appear at the court for trial.


Form DC 104

The Complaint:

The Complaint gives further notice of the cause of action, or grounds, for the eviction.


Landlord MUST attach the following:


a) A copy of the Lease.


AND


b) A copy of the notice of intent to evict stating when and how it was delivered.


Forms DC 102a, DC 102C


The Summons and Complaint MUST be delivered (and proof of how and when they were delivered) must be filed with the court) to the tenant BY MAIL AND ONE OTHER WAY:


a) Personally.


OR


b) Sent by mail certified return receipt, restricted delivery.


OR


c) At the rental property, to a member of tenant’s household of suitable age (preferably an adult) requesting that it be delivered to the tenant.


OR


d) After diligent attempts at personal service, by securely attaching the papers to the main entrance of the rental property unit.

John R. Tatone & Associates, PLC

LANDLORD EVICTION ATTORNEY

110 S. Main St.

Mt Clemens, MI (Main Office)


Appointments available at satellite offices located in the following counties:

Livingston  Macomb  Wayne 

Genesee  Oakland  Washtenaw 

(888) 988-LAWS (5297)


​​'Representing Exclusively Landlords'

LANDLORD EVICTION ATTORNEY

MT CLEMENS

(888) 988-LAWS (5297)

20 YEARS OF WINNING CASES

CALL US FOR A COMPLIMENTARY CONSULTATION


REAL ESTATE FACT:


On average, most wealthy financial portfolios contain real estate as 1/3 of overall assets. Real estate is known to be one of the best investments and practical  sources of income  and write-offs.

John R. Tatone & Associates, PLC

Landlord Eviction Attorney