How to Evict someone in Michigan

Renting property to tenants can be a rewarding career. However, it is not without drawbacks, especially when it is time to pursue an eviction. Few people wish to force someone out of their home, but under certain circumstances, eviction may be necessary.

Does the law allow you to pursue the eviction?

Having a problem with a tenant may not be legal grounds for eviction. Non-payment of rent or engaging in illegal activities are typical reasons to evict, but other issues may give landlords grounds to evict a tenant.

What are the lawful reasons to evict a tenant in Michigan?

Below are the reasons that would allow a landlord to start eviction proceedings:

  • Non-payment of rent;
  • Extensive and continuing physical injury to the property;
  • Serious and continuing health hazards;
  • Illegal drug activity and a formal police report filed (lease provision must allow for termination);
  • Forceful stay or trespass;
  • Holding over after natural expiration of lease term; and
  • “Just cause” (for terminating tenant of a mobile home park or government-subsidized housing.)

How to pursue an eviction

A landlord who wishes to remove a tenant must use the eviction process. Called summary proceedings, this process restores the rental property to the person who is entitled to possession.

The process starts with an eviction notice, and it could involve a trial or court appearance. An Order of Eviction may be issued by the court if the landlord is successful in proving his or her case.

Most landlords and tenants reach an agreement before a tenant is physically removed, however, if necessary, a court officer may remove the tenant and the tenant’s personal belongings from the property. The landlord must never forcibly remove the tenant or use tactics such as changing the locks, turning off utilities, or some other act or omission that interferes with the tenant’s right to possess, use and, enjoy the rental property.

Do you need help with the eviction process?

The litigation attorneys at O’Reilly Rancilio are available to assist clients with landlord/tenant law. For more information, call 586-726-1000 or visit our website.

Categories: Business