Eviction Law in Flint, MI
What Is an Eviction?
An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of how Flint, Michigan eviction law can help.
Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a delinquent Flint, MI tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.
Under Michigan law, Flint landlords can threaten to evict as soon as the rent is late.
You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.
The Tenant Violates the Terms or Conditions of the Lease Agreement
Lease agreements function as legally binding contracts, which means tenants must adhere to the terms outlined within them. If a tenant violates any part of the agreement—such as allowing an unauthorized occupant to live in the unit—you may have grounds for eviction. In such cases, the eviction process typically begins with a formal notice that informs the tenant of the violation and provides an opportunity to resolve the issue.
Landlords in are equally obligated to follow the terms specified in the lease. This includes responsibilities like making necessary repairs and performing maintenance as stated in the agreement. Failing to uphold these duties can also lead to legal disputes, emphasizing the importance of clear and enforceable lease terms for both parties.
The Tenant Damages the Property
Tenants are going to cause damage to the property; it’s unavoidable. Wear and tear when living in a home is normal. Still, there’s a difference between scratches on the wall or broken blinds and intentional destruction of property.
If it’s clear that your tenant is causing severe damage to your property, such as breaking through walls or smashing windows, this may be cause for eviction. However, if your tenant makes repairs themselves, and doesn’t make any major changes to the property, this might not be grounds for eviction.
The Tenant Uses the Property for Illegal Purposes
If your tenant is using your Flint property for illegal purposes, such as selling drugs or weapons, this can be clear grounds for eviction. Reporting the issue might also bring criminal charges against the tenant.
However, you should prepare to provide evidence that the tenant is using the property for illegal purposes. If law enforcement came to the property to address these issues at any time, these reports could prove helpful.
How to Evict a Tenant in Flint, Michigan
If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.
Step 1. Check Your Local Laws
Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for eviction before giving notice. A qualified Flint, MI attorney can help review your case to determine if you do.
Michigan statutes specify 9 valid reasons for evictions in Flint. First, and most common, is nonpayment of rent. However, Flint landlords must give a tenant 7 days to pay or move out before beginning the eviction process. Other potential reasons for eviction include excessive damage to the property, continuing health hazards, and illegal drug activity. In addition, there are specific rules for evicting tenants from mobile home parks and public housing.
Step 2. Give a Formal Notice of Eviction
If you have tried to reason with your tenants and they continue to violate the terms of your lease, you should then provide them with a formal notice of eviction. Your eviction notice will serve as an ultimatum or final warning. It should explain how your tenant is in violation, as well as what they can do to stop the eviction process.
The eviction notice should also include a deadline for the tenant to either pay rent or move out, and the amount that the tenant owes. If you’re unsure of how to create an eviction notice, you can use online templates or seek legal advice.
Flint landlords must use the District Court’s Demand for Possession form. A landlord can serve this demand in one of three ways. First, the landlord can give the notice directly to the tenant. Second, the landlord can send the notice by first-class mail. Third, the landlord can send the notice by certified mail. After the notice period, the landlord can file for eviction. If the landlord is successful, the court will set a date by which the tenant must move out. Typically this date is 10 days after the hearing. If the tenant does not leave by this date, the landlord can request an Order of Eviction. Any deputized process server can then evict the tenant from the premises.
Step 3. File the Eviction with the Court
You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons. The Genesee County District Court has jurisdiction over all evictions in Flint.
Step 4. Contact an Experienced Flint, Michigan Eviction Attorney and Prepare for the Hearing
You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:
- Lease agreements
- Records of payments
- Bounced checks
- Record of communication between you and the tenant
- Record of the eviction notice
- Proof that the tenant received the notice
Step 5. Evict the Tenant
If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Flint, MI law enforcement to forcibly remove them from the property.
Step 6. Collect Past-Due Rent Payments
If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through many methods:
- Hiring a private debt collector
- Garnishing their tax refunds
- Garnishing their wages
- Taking the case to small claims court
Work With an Experienced Eviction Attorney in Flint, Michigan
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Flint attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across Michigan state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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