Michigan Eviction ??

[Theresa Nardello]

Hi - I'm looking for help here.  I know I can find this information online, but am likely to get better information from other landlords.

I live in California and own a rental in Michigan.  My tenants have not paid their May rent and have ignored several texts.  What is the first thing legally I can do?  Is it serve a quit or pay or something similar?  How many days after the first is the soonest I can serve it?  Can anyone recommend a service to use?  

Any and all advice would be appreciated.

Thanks, Teri

[Account Closed]

You need to send a Demand for Possession for Non-Payment of Rent.  This form is available online for free from here at the State's Court Administrator's website:  http://courts.mi.gov/Administration/SCAO/Forms/cou...

The form is very straight forward but make sure to fill it out correctly, i.e. use the legal owner info for the landlord and include all of the tenants that signed your lease AND add "All Other Occupants," e.g. Timothy Tenant and All Other Occupants.  If your tenants have different last names, you'll have to check with how the local court likes that handled.  Some courts want you to send a separate notice to each tenant with a different last name (this will ultimately cost more for service fees) but some will allow multiple last names on the same Demand form.  (Don't send them the court or your copy--you must send them the Tenant Copy!)

The notice is seven days but you'll need to add two days to account for mailing.  (Every court will require that extra two days.)  Send the form using a Certificate of Mailing (not certified or registered)--basically this is a receipt of mailing.  A simple #10 envelope sent first class is sufficient.

The tenant must either pay you the rent in full or move within the nine days.  If they do not, you'll proceed with a complaint that has to be filed along with lots of other paperwork with the local district court where your property is located.

If the owner of the property is an LLC, you'll likely have to use an attorney for the complaint and everything after that, including the hearing. (Most courts won't allow you to represent the "owner.") Someone that is most knowledgeable about the case will also have to be at the hearing--this is likely you. So plan on a trip to Michigan. (Or, you can hire a lawyer to do all of this for you. Whether or not you have to appear will depend on the court/judge but the attorney would advise you on this.)

Don't wait around any longer to send the notice. We strongly recommend that a notice be sent immediately upon the failure to pay rent.  Letting tenants pay slow almost always ends up being a losing proposition for the landlord.  

If you still need help, contact me via email...we do this stuff every day.  And, if you need legal advice, we can refer to our attorney for free limited legal advice.

All the best,

Clay