I have a tenant who's six month lease will be up on September 1, 2017. I cannot wait for her to vacate.

She still has not paid July's rent which is due on the 1st of the month.

We, of course have no intention of renewing her lease and want her out.

The latest drama is that she caused a sewer backup and damages will far exceed her security deposit. She is a pig and the apartment is trashed already. She is happily living in her squalor with her two children and (we suspect) boyfriend.

Please spare me the drama and just advise me on the proper way to serve papers. She is supposedly getting help for July's rent so I don't know if by accepting that I will be unable to deny her the lease extension. I have NOT informed her yet that we will not be doing so.

P.S. if you're just going to tell me that I'm stupid to have allowed this, then please do not respond. Thank you.

Yes, definitely start the process now. Because someone like this won't leave when September 1st rolls around anyhow even if you don't renew. They'll just become a holdover.

So, have you don't anything yet as far as paperwork goes? I'm going to assume that you have NOT since you asked for info on how to "serve papers."

In Michigan, step 1 is always the "7-Day Notice." There is no state grace period so you can do this as soon as they are "late" (i.e. the first business day after the rent is due per the lease).

The state makes this easy with their forms so that you don't have to come up with your own. You want the DC100A ("Demand for Possession"):

courts.mi.gov/administration/scao/forms/courtforms/dc100a.pdf

It has instructions on it to help you. You can hand deliver it yourself and I would also mail a copy via 1st Class (not Certified).

After 7 days, you move on to the DC102A ("Complaint, Nonpayment of Rent") along with the DC104 ("Summons"). Those, you fill out and take to your local court to file and have them served. Ask your clerk there how many copies they want and what you need to do -- various counties each do it a bit differently as far as who normally serves and such.

But, start now with the DC100A to get your 7 days going. You can figure the rest out while you're waiting! :)

- John...

Hire an attorney. You're not stupid, but you are in over your head. No shame in getting help when it's needed. In fact, you want to be sure to do this right or it could end up taking much longer and costing you a lot more. The cost of an eviction mill attorney would have been less than eating 21 days without rent, so no reason to delay at this point.

If you insist on DIY, you'll want to see what options are allowed for serving papers. Some states require a sheriff deputy, constable, or process server; others allow the LL to do it using approved methods. I would spend the extra $40 and have a process server do it, unless it is required to do it some other way. Your attorney can hire him for you (and should, if he's a good attorney).

John,

Thank you for the response. Yes, I'm sorry, I neglected to include in my post that I have already served the 7 day notice to quit along with the 30 day demand for possession. Our local court gave me these forms a couple of months ago.

I have read that I should give a written 30 day notice that we will not be renewing the lease when it's up. It seems that is just a courtesy and not a legal requirement.

I won't tell you that your stupid, but I will tell you that your emotions have got the best of you right now! :)

I've collected TENS OF THOUSANDS off of pigs living in squalor.

What grade (realistically) is your apartment? A, B, C, D?

I got above average rent on a C-D unit from pigs living in squalor.

The rent not being paid and the mess are 2 different issues. If it was an A-B apartment and they are living like pigs, I'd have them out at the end of the lease. To save my apartment. I don't care how they live, but they're not going

To live in one of my A-B places like that.

If they didn't pay, they would be served immediately. Service in your state varies from mine, I can't help you there.

If it's a C-D apartment, keep collecting the check and let go of your own worldly view on how clean people should be.

I would still evict for not payment regardless of the apartment was A, B, C, D all the way through Z!

One more tidbit... the title of your post is regarding damages. Is the sewer line cleared at this point? If not (unfortunately) you need to get this fixed to show you are performing your duties in good faith. Yes, you'll have to bill her and no she won't pay and nuts her deposit won't cover it and possibly they will just clog it up again. But that doesn't matter at this stage of the game. The last thing you want in court is for the tenant to say you knew there was a clogged sewer line and you failed to fix it.

Michele: Correct -- if your lease is a fixed-term lease and is clear about the termination, then, technically, you don't HAVE to give the notice of non-renewal. But, it can get tricky because Michigan law poorly defines what happens with a holdover tenant. So, I would always give notice (of at least 30 days, preferably 60), that you are not renewing their lease.

Now, all that being said, you've already had them served with the Complaint and Summons then? You already have a court date?

I'm confused what you are asking then. Were you JUST asking about serving papers for the notice of non-renewal? If so, those don't need to be served -- you can just mail them (via 1st Class) a letter making it clear the date that their lease ends and that you are not renewing it.

But do continue with the lawsuit so that you can get a money judgement -- and get possession back sooner in case they don't leave or pay.

- John...

Michele,

"She is supposedly getting help for July's rent"

No, she is lying. And don't bother waiting. She KNOWS she did not pay she's just waiting to see if you take action.

WORK WITH ME is how we lost THOUSAND$$$.

"so I don't know if by accepting that I will be unable to deny her the lease extension."

In my area the aid agencies make we wait 30 days to evict after accepting their money. That's why we no longer accept payments from those agencies. They might give her $200 but it blocks us from evicting from another month.

To things to help:

ZERO TOLERANCE on lates works. They pay.

2 Minute In Home Visit prior to final approval keeps the pigs out. As you now know, well worth the time.

Poor housekeepers are usually poor payers. Two birds with one inspection.

Best of luck as you pursue this!

BRAD

I would recommend you review how you laid down the ground rules.

You are the LL, you set the tone and you create the expectations. If this isn't turning out the way you wanted it to, either your screening process needs improved or the wrong message was sent.

@Ray-N-Pa

I chuckled when I read your post.

After about 30 years, I have decided that I'm just not cut out for being a landlord. Although I have to say that things have certainly changed in the past few years.

People are still people and the dishonest ones will still be dishonest but there seems to be a shift in behavior. I am seeing less and less sense of responsibility and more and more sense of entitlement.

As we approach retirement, this is not something that we can or want to deal with. So, we will cut our losses and move on. Praying for the generation that is taking over!