Types of Evictions (but are not limited to):

(1) Non-Payment of Rent.


(2) Illegal Drug Activity. 


(3) Serious and Continuing Health Hazards.


(4) Violation of Lease Provisions.


(5) Holdover Tenancy.  These types of eviction require even more care in proceeding. Since they require different timelines for filing, they need to include proof, and separate filing documents.

Landlord Eviction Attorney in Mt Clemens

LIVINGSTON    MACOMB    WASHTENAW  
WAYNE   OAKLAND   GENESEE
Eviction definition: 
Eviction is the process by which a landlord removes a tenant from physical possession of the their rented property. The legal action needed to obtain an eviction which is referred as an unlawful detainer.  Most frequently eviction consists of the removel 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.

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PRACTICE AREAS:
Landlord Eviction Attorney Representation



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 & Associates, PLC, all rights reserved.



Landlord Eviction Attorney Mt Clemens, John R. Tatone, of John R. Tatone & Associates Specializes in landlord representation in landlord - tenant eviction law. This encompasses disputes, leases, legal processes.

John R. Tatone is a frequent visitor every month representing clients at the district courts in Livingston, Wayne, Oakland, Genesee and Macomb Counties. John Tatone is willing to travel throughout Michigan, available state-wide.
  



TIME EXPECTATIONS FOR EVICTION


The usually turn around time for most disputed and non-disputed evictions (when evolving non-payment) is 30 - 45 days depending upon the court's schedule.




PROCESS OF EVICTION
(example based on a non-payment situation)


Summons for Complaint
After the landlord has delivered the Notice to Quit, and the tenant still has not complied with the demand or moved out, the landlord needs to go to court and file a Complaint for Eviction (an eviction lawsuit).  A notification to the clerks office at the District Court for the jurisdiction where the property sits. Most District Court Clerk's Offices have Eviction Complaint forms that the landlord or representative can simply fill out. Once filed, the Court will issue a "Summons" and deliver it to the tenant. The Summons will tell the tenant why the landlord is evicting, and when the eviction hearing will be held.


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 ensure your legal goals and save you money. 


Judgment

If the court rules in favor of the landlord, the court will issue a Judgment. This will give the tenant a certain number of days to vacate the rental property, usually within10 days.


Writ of Restitution

If the tenant still has not vacated the property after the 10 days has expired, then the court will issue a "Writ of Restitution" which will direct the sheriff to physically remove the tenant from from the rental property.


Appeal

Within 10 days after the judgement either party may appeal the judge's decision. 

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