Recovery of Premises Eviction for Nonpayment of Rent

[olsonmissa]

I want to know how I can make sure I stay in my home once the court eviction has already started. I am being evicted because I owe back rent from the past 3 months. Will I be given a time limit to come up with this back rent that I owe if the court eviction process has already started? Or am I now just getting evicted immediately and have no chance to redeem housing here? Please help me!

 

[army judge]

Before I start, if you want to negotiate a good faith payment plan, contact your landlord IMMEDIATELY.

But, fear not, MI is very tenant friendly, OP.

Don't send text with promises, meet the landlord face to face and bring a money order (or cash).

If you owe $2,000, don't offer $200.

Make a reasonable good faith offer of at least half now, and the rest within one or two weeks.

Get a receipt and get the agreement signed by both of you.

If its allowed, don't break your promise.

Also, don't get your hopes up, because it rarely works, but you can try.

You will get another opportunity to redeem the amount owed, even after the judgment has been entered.

Read on, OP, read on.

_________________________________________________________


Now OP, the eviction process in Michigan.

Here are a couple websites that explain it generally.

If you Google your county, you'll likely find the court site which explicitly details it for your county.

http://www.michiganlegalaid.org/library_client/housing/eviction/html_view

http://courts.mi.gov/self-help/center/casetype/pages/eviction.aspx

http://michiganlegalhelp.org/self-help-tools/housing/eviction-what-it-and-how-does-it-start

http://rhol.org/csu/evictions/Michigan/MichiganSteps.htm

You asked if you will be allowed to cure the non-payment.

That's usually NOT an option once an eviction proceeding has started.

If it is offered, and you owe $3,000, be prepared to pay on the spot the entire $3,000.

Its rare, because at this point, the landlord wants you out.

If the landlord will accept payment, he or she will want it ALL.

Once it goes this far, negotiation is rarely possible.

One final thing, if the weather is too cold or snowy, you can get to stay a bit longer.

That you'll learn in court, or by finding the court's website in your county.

Bottom line:

How Long Will An Eviction Take?

It can take a minimum of four to six weeks to go through an eviction procedure, from the date the tenant receives the Notice to Quit to the day the sheriff actually knocks on the tenant's door to physically evict. Here is how that time was calculated:

Any time after the Seven Day Notice to Quit expires, the landlord can file for a court date. The date of the first court hearing will be from four to eight days after the landlord files. (seven days plus four days = 11 days)

At the initial court appearance, the tenant may ask for a one to two week adjournment and a jury trial, as described above. (seven days)

After an initial adjournment, the next court date will be for a pre-trial hearing, usually one to two weeks later. (seven days)

The judge may hold the trial at the same time as the pre-trial, or set a new trial date for whenever there is room on the court schedule. (The tenant may settle a case with the landlord at any time.) (possibly seven days)



If the judge eventually orders the tenant to move due to non-payment of rent, the tenant will still have ten days to either pay the rent (plus court costs) or move. (ten days)


After that time, the court can issue a "Writ of Restitution" and the sheriff may come and physically remove the tenant and their property from the unit. The landlord cannot do this without a writ, and then only with a sheriff present.

TOTAL TIME: About 42 days if the judge grants all the extensions and schedules the trial one week after the pre-trial.

 

[Proserpina]

And you have to see the landlord's point of view, OP - you've proven yourself to be unreliable. At this point he has no reason to negotiate with you - as far as he's concerned, your word and your promise cannot be trusted.

 

[Betty3]

Even if you come up with the back rent (& you may not), the landlord would still be concerned that you will stop paying again. You haven't paid for 3 months this time.

You will not be evicted *immediately* - the eviction process does take some time.