State Specific Question About: MICHIGAN (MI)

I need a quick guide to evict a tenant in Michigan for nonpayment. The rent was due on the 1st, and it looks like it is not going to happen. I believe I need to provide Demand for Possession Nonpayment of Rent. It looks like a simple form to fill out, but my question is, the form has two pages, one says Court Copy and the other is Tenant's copy. Do I keep the court copy and give the Tenant's copy to the tenant? Do I need to keep a copy of the one that I provide to the tenant?

TR, my best advice is to hire an attorney who does evictions several times every week in court. This is a delicate process, and if you screw it up you may have to start over from scratch and/or could lose a lot of money in the process. Most 'eviction mill' attorney charge around $300 - $500 to do an uncontested eviction...money well spent on your education as a land lord. Go to court, take notes, ask your attorney questions, consider this "tuition" at Landlord University.

For starters try answering these questions:

1) What is your state's Pay or Quit time limit, if it has one?

2) Have you complied with # 1, if it applies?

3) Do you know the process to serve tenants notice of court summons?

4) What proof do you need that you served notice, legally, to ensure the tenant doesn't claim they never were informed of court?

5) What happens to your case if the tenant gives you $100 between now and court and you accept it? Do you have to return it or forfeit your case or can you accept it and continue?

6) Do you know how a trial in land lord / tenant court works and what the rules are for presenting evidence?

7) Do you know how what a Writ of Possession is and where/how to execute it? Do you know if that document is required?

If you're not 100% sure of all these answers, time to hire a Pro!

Hi S i d,

Thank you and I understand where you are coming from. Before anything, MI requires a notice to be provided to the tenant. Once I provide the notice, I must wait 9 days before I file the complaint with the court.

Funny thing is, my tenant says he will leave exactly 9 days later....

However, I will still go through the steps to cover me just in case he does not leave after 9 days.

Aside from this, in order for me to get paid the rent, I need to file with the small claims court to recoup the unpaid rent. I think I will go all the way, like you said, it is a learning process. I have more than 1 property, so might as well, just learn it!

Or, am I being too optimistic?

Also, I'd love to attend some landlord meeting in the area if there is one.... I think that would be really helpful.

Hi TR! Yes, the first step is the DC100A ("Demand for Possession; Nonpayment of rent"). It is basically the "7 day Pay or Quit" that other states would know it as.

This is just the first step, of course, and you can "serve" it on the tenant yourself -- either by giving it to them personally, giving it at the rental to a member of the tenant's family, or sending it first-class (NOT Certified or anything else that requires a signature) mail to the tenant.

(You cannot just leave it on the door.)

The "Court Copy" part of it is just for your own records for now. If you need to continue the eviction in court, they just want you to bring that "Court Copy" with you. Again, the DC100A you can serve yourself -- unlike the rest of the eviction process that needs to be served by a 3rd party (such as the Sheriff's department).

And, yes, you can learn as you go and do it yourself. I did it that way and think it works fine for Michigan. Feel free to ask more questions if you'd like and I'll try to help! (The next step after the DC100A expires is the DC102A ("Complaint") that you have to actually file with the district court -- and then the DC104A ("Summons") is served on the tenant along with the Complaint -- and that will have the court appearance date.)

Good luck!

- John...

John,

Thank you so much. You are super! and just confirmed what I was learning.

One thing.... (again newbie mistake)...

Spend a couple of hours online reading up on your state laws. Post pay or quit on their front door(I videotape myself doing it) I then text them as well. If they say something in response that's even more evidence for court that they got the letter.

After pay or quit period ends(varies state to state) go to the county court and file for eviction. For me it's 85 bucks total and 5 minutes to fill out the form. Don't worry the clerk there will tell you what to do and work you through it.

Hippd,

That's the way I look at it too. I am sure I will have moments of regrets for not hiring an attorney, but I am hoping to be an expert 20 years later.

What I am concerned is the small claims court to recoup the rent. That sounds like a pain, also, the worry that they are not going to keep the property nice now, as they are angry.

It is amazing that people get angry because I demand a rent payment. Actually they are angry because I am not waiting longer..... and tells me I am the bad one.

how is that possible?

After you go through it once doing it by yourself you will feel much more at ease. Down the road after a couple of turnovers it will be business as usual.

Brad 2k has taught me so much reading his comments/posts over the past couple of years. I'm the guy who always tried to be everyone's friend which left me always breaking even. Zero tolerance as he preaches has changed my life real estate wise.

TR: No, you won't need anything but names (no SSN or DL#).

Hippd: What you just suggested won't work in Michigan even if you video tape it. As I said in my post, state law is very specific that the Pay or Quit CANNOT be posted on the door. Period.

Also, most clerks in Michigan won't walk you through it if you show up with nothing. You'll need several copies of the forms though. I recommend you call your clerk and ask how many copies of each they need (the Complaint and the Summons). You bring those all pre-filled (use the forms provided at Michigan.gov) and in the proper number of copies -- THEN they will help walk you through the process going forward. But if you come without those pre-filled, it'll be a pain and they will likely send you away and tell you to come back with them later. Again, because they want too many copies to fill out right there.

Also, if you do the normal eviction in Michigan and they can be served in person for the Complaint and Summons, then you WILL get a money judgement at the end too (along with possession). So, you won't have to sue them separately in small claims unless they owe you more than the S/D will cover in damages (not including the rent since you'll get a judgement for all of that in the process).

- John...

Can I ask one more?

While this DC100A form is pending, I told them I need to start showing the place for a new tenant. It is a very good condition place, and I know for sure (at least for right now), no work is needed.

Do you know if I have the right as long as I give them 24 hour notice? Does the tenant have a right to refuse and I am not allowed until they move out?

John: what happens if the tenants move out before the 7 day expires, but not pay? Then, I would assume I don't have to file the Complaint since there will be no eviction, right? Then, in order to recoup the missed rent, I will have to file a separate filing with a small claims court, right?

My court has very detailed instructions pertaining to all LT forms which are available as downloads from the website.

Google 35th District Court Plymouth MI.

Click Forms on the left hand side, all forms are listed. Click on the form title, not where it says "information".

Hippd: Right, and then in your second sentence you started giving out advice that wouldn't work in his state. :)

So, yes, I agree on the advice to read up on state laws. But that isn't all the advice that he needs here -- and certainly giving him advice that actually won't work in his state doesn't help much. :)

- John...

TR: No, you really can't show it now if they don't want you to. They still have full possession and, technically, could pay up and stay. Without their cooperation, it just isn't worth it to try to show it now, IMO. And, again, if they don't WANT you to, then, legally, you're a bit stuck.

If they return possession before the 7 days is up (or, any time before you file), then I would get in there, get it ready to re-rent, and then do the normal end-of-term accounting within the 30 days. Subtract out their S/D that you are keeping and send them the summary showing how it was used (probably mostly for past-due rent) and then how much more they owe. See if they respond (which seems unlikely).

If they don't respond in time, then you don't necessarily have to sue them -- you could show that you have a valid debt and actually start to garnish without a money judgement. If they fight it, sure, you might have to sue them in small claims. But, in many cases, you won't have to do that even.

Do they have jobs/income so that you could garnish wages? Garnishing (if they have a normal job) is pretty easy in Michigan.

- John...

Thank you.

It looks like the tenant will pay the rent and move out. I offered pro-rated for the last month, which I am fine with, but I do not want to accept the pro-rated at this point. I think I need a full rent, and refund the difference AFTER the move out, just to make sure the move-out actually happens the date that they promised.

"Any suggestions?"

Yes, hire an attorney to do it the first time, watch, learn, ask questions. Then DIY next time.

Sid: Tenant is now offering to pay the rent to date and move out to avoid the eviction process. Why would he hire an attorney and do a full eviction at this point? It wouldn't even be a good learning experience if the tenant isn't just staying and not paying (which is what usually happens in an eviction).

So, I disagree on this one. This does not seem like a good "get an attorney and learn" situation.

- John...

John, there was a delay between the time I read the history on the post and hit "Submit" on my response. I should have refreshed the discussion before posting... so I was not aware of the new information.

Still, I think it's a good idea to develop a relationship with a local attorney who specializes in land lord / tenant law. Unless you two are working under the same judges, there can be differences in how the law is applied at the local level. Many attorneys will offer free initial consults if it's just a simple question, but even if it costs a couple hundred bucks, I think having professional advice from someone who does this day in and day out is better that relying on one's own foresight regarding which questions to ask and when.

The tenant now insists to pay the prorated amount only, instead of the full rent that I requested (also the amount on the Quit Notice). Now I am thinking I should contact a lawyer to see if it is okay to accept the pro-rated amount.

All points from you guys are taken with great appreciation. I will keep you posted. In the meantime, any comments are appreciated. Negative or positive, I don't mind, it is all helpful.

Sid: Got ya -- one of those posting-at-the-same-time things. Makes sense now. :)

As for the lawyer -- I think it depends on the person. I did my first without one -- Michigan does a pretty good job of providing very specific forms for the process. So, it really isn't that bad to do yourself. Again, for someone that is the right sort of person. TR seems like that to me -- someone that could do it on their own without a lawyer.

And, sure, I can see having one for the future. But I just don't see this (at this point, at least) being the best example case to watch a lawyer do. But, of course, we can just agree to disagree. It's a "could go either way" situation for me. I just sometimes like the "give it a go yourself" way for the right person.

And, of course, all depends on the money involved. If we're talking about several thousand in back rent and little S/D to cover it, then get a lawyer! But if we're talking about under $1000 and there is even S/D to cover some/all, then that isn't much to pay to try it yourself even if something goes very wrong.

To each their own, of course. :)

- John...

John...

I need to evict the tenant. I do not want to renew the lease (it is a month to month). Now that the tenants will be paying the rent (whether it is partial or full), and I have no choice but to accept it, then, it becomes a renewal of another month. And I do not want that.

I want them gone as of the date that they said they will move out. How do I make this happen? It will no longer be a "non payment of rent". It will be a notice of non-renewal. I was thinking I can create a whole new lease for the period of this time frame only, and have them sign it. Do you think this will work?

But then, if they stay over that time period, then the whole process starts again! How do I get out of this cycle. The eviction lawyer said it is $299 for the whole process and it seems pretty reasonable to me.

The issue is that the Pay or Quit (DC100A) is a bit tricky. Basically, it tells them that they have to pay or they are done. If they pay within the time frame, you may not be able to refuse it really -- because that is how the Demand works.

So, how far behind are they? Did they pay for July, but not August?

When you fill out the DC100A, the rent amount there should be full months of rent only (i.e. if they paid for July, but not August, you would still put the rent amount due on the DC100A as the full rent for August since that is what they currently owe you to be able to stay).

If they then pay it in full within the 7 days, then they have complied with the Demand and it is over. At that point, if you wanted them out, you would give them normal/proper notice (30 days) that you are not continuing their month-to-month agreement and, therefore, they need to be out by the end of September (and must pay for September).

If you both wanted to agree to it to get them out sooner, you could agree to terminate at the end of August (which, again, they should have already paid in full to be able to stay so far).

Some landlords here would suggest "cash for keys" at some point if you really want them out sooner. I'm not a big fan of that.

As for the partial rent, I don't see that as an option if you don't want to let them. Now, if you made some agreement with them to take partial rent, then so be it. But, otherwise, I would put the entire month of August on the DC100A Demand. If they pay it in full, then they can stay and you need to terminate normally (i.e. with proper notice). If they don't pay it in full, then you continue with the eviction to get possession back and a money judgement.

All that being said, if this gets complex, then I agree with Sid: lawyer up if you need to. If you are worried that you're not going to make a mortgage payment if this stretches on an extra few weeks or something, then now is not the time for a "learning experience" of doing it yourself. :)

- John...

John...

It is the August rent they owe. Before I issued the DC100A with the full rent amount for August, I did give them the option to pay the prorated rent (via texting before this got this bad).

They did not pay, so the DC100A has been issued with the full rent amount. I do not want to receive a partial, I need a full amount (later I will refund the prorated if they do actually leave). I do not know how much this "text" agreement is valid in a court. If it is fully accepted in a court, and I do not receive the partial payment then, it kind of looks like I refused the payment, but then I do not want to receive anything other than what's written on DC100A. Yes I do regret big time why I offered the prorated... (I at least wanted to get paid for the fair amount and move on).

I will probably hire an attorney.. I will keep you posted.

I think you are good to go then. I would continue normally with the eviction with the DC100A that you originally did for the full amount of August. I would argue that you offered the smaller pro-rated amount if they would leave quickly to avoid court and they simply declined the offer, so it was then no longer valid.

You never know what sort of judge (magistrate most likely) you will get, but I think most reasonable ones would see that you are entitled to August as originally on the DC100A because they refused the pro-rated offer.

Also, by the time you get to court, they are going to owe you for some days of September too. That gets auto-pro-rated by the court. When you fill out the Complaint and Summons, you'll have to list the daily rate (monthly divided by 30) and they will use that to calculate what they have to pay to stay or pay if they leave (two separate amounts). Again, the forms have all of that for you -- so it might seem complex, but it really isn't in the end.

But, yes, if you don't feel comfortable at all, then go for the attorney, of course -- and watch and learn for next time. If you decide to do it on your own, it really isn't too bad because the state-provided forms are pretty decent. And most clerks are good about helping -- as long as you come with the right copies and such. (Again, stop and ask them beforehand -- tell them that you are filing your first eviction and wanted to double-check the number of copies of the Complaint and Summons that they wanted you to bring.)

Good luck!

- John...

Update.....

It looks like Tenants is just going to move out without pay. I am okay with that as long as I can see her in court and get a chance to get the money judgement.

The problem is that the 7 day Notice to Quit expiration is coming up and I have no idea what their new address will be. So, it looks like Complaints and Summons cannot be delivered. The District Court told me to bring the envelop with the address and they will do the mailing, which is good, but it will likely be returned??? since they do not live there anymore?

Would the post office know the forwarding address?

If the Summons cannot be delivered, then there is no hearing?

Also, how long do I need to wait until I can change the locks? Do I need to somehow to prove that the tenants actually fled instead of just not being available?

I found some answers....

Per rhol.com,

Money judgment: Michigan law allows a landlord to pursue a judgment for money a tenant may owe at the same proceeding as for eviction. However, If the tenant is not personally served and posting becomes necessary, the landlord will be entitled to possession, if the eviction lawsuit is successful, but will not be able to get a money judgment for rent, costs or damages. In that event most Michigan landlords file a subsequent and separate action in Small Claims Court.

Obviously, my tenants have done this before and know exactly how long they can live without paying. Now I wonder about their true identities and even paycheck stubs that they provided me..... Looks like I need to go to the small claims court and hire an attorney or a collection agency for wage garnishment.