Detroit Eviction Laws: Can You Really Kick Someone Out? (Guide)

Navigating Detroit, Michigan, laws kicking someone out of home can be complex. Understanding eviction processes often begins with knowing landlord-tenant rights. These rights are defined by Michigan Compiled Laws and upheld by the 36th District Court, which handles many eviction cases. Seeking guidance from a qualified attorney is often essential to ensure compliance. It's important to know that illegal self-help evictions have consequences, and landlords must follow correct procedures to legally remove a tenant or occupant from a property.

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Detroit Eviction Laws: Can You Really Kick Someone Out? (Guide)

Navigating landlord-tenant laws can be complex, especially when dealing with eviction. This guide explains the eviction process in Detroit, Michigan, clarifying what is required to legally remove someone from a property. The information provided here is for educational purposes only and shouldn't be considered legal advice. Always consult with a qualified attorney for specific legal guidance related to your situation.

Understanding Michigan's Eviction Process

Michigan law outlines a specific process a landlord must follow to legally evict a tenant. Failing to adhere to these procedures can result in the eviction being dismissed by the court.

Valid Reasons for Eviction

A landlord in Detroit can pursue eviction for several reasons, including:

• Non-payment of rent: This is the most common reason for eviction. If a tenant fails to pay rent on time, the landlord can begin the eviction process.
• Violation of the lease agreement: This can include things like having unauthorized pets, causing property damage, or engaging in illegal activities on the property.
• Holding Over: This occurs when a tenant remains on the property after the lease has expired and the landlord has not agreed to renew the lease.
• Health Hazard/Damage to the Property: If the tenant is engaging in activity that creates a significant health hazard or is causing significant damage to the property, the landlord can pursue eviction.

Notice to Quit: The First Step

Before a landlord can file an eviction lawsuit in court, they must first serve the tenant with a written "Notice to Quit." This notice informs the tenant of the reason for the eviction and gives them a specific amount of time to either correct the problem or move out.

• Seven-Day Notice to Quit (Non-Payment of Rent): In cases of non-payment of rent, the landlord must provide a seven-day notice. This notice gives the tenant seven days to pay the rent or move out.
• 30-Day Notice to Quit (Lease Violation or Holding Over): For lease violations or holding over, the landlord typically provides a 30-day notice, giving the tenant 30 days to correct the violation or vacate the property.
• Immediate Notice to Quit (Health Hazard/Damage to Property): In severe cases involving health hazards or significant property damage, the landlord may be able to serve an immediate notice to quit, although this is highly fact-specific and requires strong evidence.

Serving the Notice to Quit

The Notice to Quit must be properly served to the tenant. Acceptable methods of service include:

• Personal Service: Handing the notice directly to the tenant.
• Substituted Service: Leaving the notice with a person of suitable age and discretion at the tenant's residence and mailing a copy by first-class mail.
• Affixing to the Door: If personal or substituted service is not possible, the notice can be posted in a conspicuous place on the property and a copy mailed by first-class mail.

It is crucial that the landlord retains proof of service, such as an affidavit of service, as this will be required if the eviction case proceeds to court.

Filing an Eviction Lawsuit in Detroit (Summary Proceeding)

If the tenant does not comply with the Notice to Quit within the given timeframe, the landlord can file an eviction lawsuit with the district court in Detroit. This lawsuit is formally called a "Summary Proceeding to Recover Possession of Property."

Filing the Complaint

The landlord must file a complaint with the court, outlining the reason for the eviction and attaching a copy of the lease agreement (if any) and the Notice to Quit.

Serving the Summons and Complaint

Once the complaint is filed, the court will issue a summons, which must be served on the tenant along with a copy of the complaint. Proper service is essential for the court to have jurisdiction over the case.

• Personal Service: The best option is to have the tenant personally served with the summons and complaint. This is usually done by a professional process server.
• Substituted Service: If personal service is not possible, substituted service can be used, following the same rules as serving the Notice to Quit.
• Court-Ordered Service: If other service attempts fail, the court can order an alternative method of service.

Attending the Court Hearing

The summons will state the date and time of the court hearing. Both the landlord and the tenant have the right to appear in court and present their case.

• Landlord's Responsibilities: The landlord must present evidence to support their claim for eviction. This may include the lease agreement, the Notice to Quit, proof of service, and testimony.
• Tenant's Rights: The tenant has the right to present a defense against the eviction. This may include arguing that the rent was paid, that the lease violation did not occur, or that the landlord failed to properly serve the Notice to Quit.
• Possible Outcomes:
  • Judgment for Landlord: If the landlord proves their case, the court will enter a judgment for possession, giving the landlord the right to evict the tenant.
  • Judgment for Tenant: If the tenant successfully defends against the eviction, the court will enter a judgment for the tenant, and the eviction case will be dismissed.
  • Consent Judgment: Sometimes, both parties reach an agreement (e.g., payment plan) and enter a consent judgment, which is then enforced by the court.

After the Judgment: The Eviction Order (Writ of Restitution)

If the court enters a judgment for possession in favor of the landlord, the tenant typically has a short period (usually 10 days) to move out voluntarily. If the tenant does not move out within this timeframe, the landlord can request a "Writ of Restitution" from the court.

Obtaining the Writ of Restitution

The Writ of Restitution is an order from the court directing the sheriff or other authorized official to physically remove the tenant and their belongings from the property.

Executing the Eviction

Once the landlord obtains the Writ of Restitution, they must arrange for the sheriff or other authorized official to execute the eviction. The sheriff will provide the tenant with a notice of the eviction date and time. On the scheduled date, the sheriff will oversee the removal of the tenant and their belongings from the property. The landlord is responsible for storing the tenant's belongings in a safe place for a specified period (typically 30 days). After this period, the landlord can dispose of the belongings if the tenant has not claimed them.

Important Considerations in Detroit

• Retaliatory Eviction: It is illegal for a landlord to evict a tenant in retaliation for the tenant exercising their legal rights, such as reporting code violations to the city.
• Discrimination: Landlords cannot discriminate against tenants based on race, religion, national origin, sex, familial status, or disability.
• Self-Help Eviction: It is illegal for a landlord to engage in "self-help" eviction methods, such as changing the locks, shutting off utilities, or physically removing the tenant without a court order.
• Resources for Tenants: Several organizations in Detroit provide legal assistance and resources to tenants facing eviction. Contacting these organizations can help tenants understand their rights and options.

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So, dealing with Detroit, Michigan, laws kicking someone out of home isn't something you should jump into without knowing your stuff. Make sure you do your homework or talk to someone who does, alright?