Kalamazoo, MI · Member since 2014 · 35 posts · 14 votes
I recently acquired a 3-unit building. Two of the units and the residents living within are great. One is terrible. The unit is in awful condition, likely because there are too many people living in the 2-bedroom unit (at least 3 adults and 4 children), and their lifestyle habits have caused them to break something almost weekly (shower mixing valve cartridge, rails, cabinets, stairs, etc.). To top it off, they leave trash on the lawn, for which I must pay the city to clean it up if I don't get to it first.
Can I simply quit their lease for the sake of renovating the unit? To me, that is really necessary. If the city inspects, and they should soon, I'll have so many fines by this time due to the damage wrought by these residents. Or, should I attempt eviction on other grounds? Currently, they are late on rent, so it may be that I wont need to worry about this.
Real Estate Agent · Port Huron, MI · Member since 2012 · 295 posts · 82 votes
10y
@Michael Miller Correct if they are on a month-to-month you can send them a 30 day notice. Just as @Account Closed stated do NOT give a reason other then possession. Hopefully you received the security deposit in the purchase as you will have to refund it to them within 30 days of them moving out.
Real Estate Agent · Port Huron, MI · Member since 2012 · 295 posts · 82 votes
10y
What does the lease say? If they are on a month to month send them a notice, if they are locked in start reviewing the lease and find out what rules they are breaking and evict them.
Real Estate Agent · Grand Rapids, MI · Member since 2014 · 493 posts · 200 votes
10y
Yes, you can evict--but only if the end of the lease term is approaching. For example, if they are on a 12 month lease and it is 30 days from the end of their lease, you can give them 30 days notice that you will not be renewing the lease and want possession. If they are on a month-to-month, you can serve them a 30 day notice at any time. Under Michigan law, a landlord has a right to ask for possession of their property at the end of the lease--without reason. If you do give an official 30 day notice, be sure not to use a reason other than possession--if you don't have proof they are breaking the lease terms. You can evict someone during a lease--but only if they are violating a provision of the lease and you have proof. (And, then is it still up to the judge.) Make sure you review the leases closely too--some have a provision that extends the lease by 30 day increments unless either party gives notice. Good luck on your new project!
Real Estate Agent · Port Huron, MI · Member since 2012 · 295 posts · 82 votes
10y
@Michael Miller Correct if they are on a month-to-month you can send them a 30 day notice. Just as @Account Closed stated do NOT give a reason other then possession. Hopefully you received the security deposit in the purchase as you will have to refund it to them within 30 days of them moving out.
Real Estate Agent · Grand Rapids, MI · Member since 2014 · 493 posts · 200 votes
10y
I forgot to add: You may be able to get the city to hold off on the inspection if you explain you need to evict a tenant in order to make the needed repairs, etc.
Investor · Indianapolis, IN · Member since 2015 · 117 posts · 39 votes
10y
Why give a 30 day notice and have to wait 30 days to file eviction. If they are behind on rent give them a 5 day notice and be done with it. In Illinois if they have violated lease I can give them a 10 day notice. Every day costs you money.
I recently acquired a 3-unit building. Two of the units and the residents living within are great. One is terrible. The unit is in awful condition, likely because there are too many people living in the 2-bedroom unit (at least 3 adults and 4 children), and their lifestyle habits have caused them to break something almost weekly (shower mixing valve cartridge, rails, cabinets, stairs, etc.). To top it off, they leave trash on the lawn, for which I must pay the city to clean it up if I don't get to it first.
Can I simply quit their lease for the sake of renovating the unit? To me, that is really necessary. If the city inspects, and they should soon, I'll have so many fines by this time due to the damage wrought by these residents. Or, should I attempt eviction on other grounds? Currently, they are late on rent, so it may be that I wont need to worry about this.
Any comments will be appreciated.
-mc
Yes, you can evict them for causing damage or a health hazard at the property, using this 7-day notice to repair the damages or leave: http://courts.mi.gov/Administration/SCAO/Forms/courtforms/landlord-tenantlandcontract/dc100b.pdf
I would go this route. If they are "Professional Problem Tenants" then even with the 30 days to quit they will most likely not vacate the premises. This means you have to wait 30 days to start the eviction. If you send a 7-Day for repairs or for non payment then you can take them to court asap.