All Forum Posts by: Darrell Kirby

Talk to your lawyer and ask about how long the wait times are with the courts.  Give the tenants the option of moving out before it goes to eviction.  Once an eviction is on their record, it will be harder to find a rental.  If you do the cash for keys, do it on the condition that the place is left in good condition and do NOT hand over any money until you inspect the unit and get the keys.

As others have stated continuing to work with the tenant is fine, but always preserve your timeline to have the eviction process up and going. This would mean having the 7 day notice served by the 10th in most cases. 

Make sure you are equipped to do your own 7 day notice after working with this lawyer. Also ask for an update as to when the case will be filed in court or for a case number so you can call the court for a status update.

I agree with the others. Excuses are fun, but they don't change my process. Rent is due on the first. Late fee is charged on the 5th. I start the eviction process on the 10th.

You've allowed them to go three months without paying, so they are going to play this out as long as you allow them to. If you can't handle this on your own - quickly and correctly - then hire an attorney.

@Darrell Kirby which attorney are you using?

Hopefully, they focus on evictions, so they aren't overcharging you and know what they are doing.

ROOKIE MISTAKE (no offense): You should NEVER accept tenant excuses because - desperate people do desperate things!

You can be polite, but you need to be firm.

You should have sent a 7-Day Eviction Notice for nonpayment ASAP, to show the tenants time is ticking to pay or move. This gives you the upper hand in negotiating payments with the tenant. Until you file, they hold all the power, not you.

Your only other option is cash-for-keys. 

PM us if you want a deeper chat.

Hello Michael,

Thank you for your input.

I have had to stay on the attorney to communicate what was happening. I finally got a copy of the paperwork stating demand and possession. The tenants say they of course did not receive it but I am sure they did. I had the Property Management company start the process and they went through a so called mitigation. I think they took to long trying to resolve it with the tenants. You are correct, ROOKIE MISTAKE at not filing earlier. I tried cash for keys but got no response. They do not seem to take it serious that they will be evicted. I have told them multiple times that either they pay or they will be evicted. It has been filed but now I am waiting for the slow courts to make a court date. Live and learn.

Hi Darrell,

It's best to start the eviction process as soon as possible in these scenarios. In Michigan, you would need to serve a Demand for Possession to the tenant. If the tenant does not comply, you can file an eviction case and the court will typically schedule a hearing within few weeks of filing. In general, the whole process to repossess the property can take few weeks to few months. Alternatively, you could try cash for keys.

Hi KO,

I did try cash for keys and talked to the tenants. I have started the eviction process and it is now in the hands of the courts to set a date. The tenants are not responsive and I have found out that it is a waiting period. Unfortunately some people take advantage of the law and I think this may be one of those cases. We will see how quickly it is resolved.