A Guide to Understanding, Navigating, and Defending Against Eviction

Understanding the Reasons for Eviction

Landlords can file for eviction for several reasons, including:

• Nonpayment of Rent: Failure to pay rent on time.

• Violation of Lease Terms: Breaching any terms specified in the lease agreement (e.g., unauthorized pets, property damage).

• Illegal Activity: Engaging in illegal activities on the property.

• Holding Over: Staying in the rental property after the lease term has ended without renewing the lease.

The Eviction Process

The eviction process in Michigan involves several steps:

• Notice to Quit:

  • Nonpayment of Rent: 7-day notice. 

  • Lease Violation: 30-day notice for most lease violations but can be a 7-day notice for significant lease violations like illegal drug activity.

  • Termination of Tenancy: 30-day notice for month-to-month tenancies.

• Filing a Complaint:

  • If the tenant does not comply with the notice to quit, the landlord can file a complaint with the district court.

• Court Hearing:

  • A court date is set, usually within 10 days of filing the complaint. Both the landlord and tenant must attend.

  • The tenant can present defenses (e.g., the landlord failed to make necessary repairs).

• Judgment:

  • If the court rules in favor of the landlord, a judgment for possession is issued.

• Order of Eviction:

  • If the tenant still does not vacate, the landlord can request an order of eviction (writ of restitution) from the court, which the court will issue to the sheriff to carry out.

Defending Against Eviction

Tenants have rights and can defend against eviction for reasons such as:

• Retaliatory Eviction: Eviction in retaliation for complaints about living conditions.

• Discrimination: Eviction based on race, color, religion, sex, familial status, or national origin is illegal.

• Failure to Maintain Property: If the landlord has not maintained the property in a habitable condition.

Effects of Eviction

• Credit Score Impact:

  • Evictions can be reported to credit bureaus and negatively affect your credit score, making it harder to rent in the future.

• Rental History:

  • Eviction records can remain on your rental history for several years, affecting your ability to find housing.

• Legal Costs:

  • You may be responsible for court costs and legal fees.

• Loss of Housing:

  • Immediate loss of current housing, leading to potential homelessness or the need for emergency housing.

• Public Record:

  • Evictions become part of the public record, which can be accessed by future landlords and creditors.

Seeking Help

• Legal Aid: Contact local legal aid organizations for assistance. In Michigan, organizations like Michigan Legal Help provide resources and support.

• Housing Counselors: Reach out to housing counselors (HUD Housing Counselors) for guidance.

• Financial Assistance: Look for rental assistance programs through local community action agencies (Wayne Metro Community Action Agency).

Additional Resources

Local 2-1-1 Service: Connects you to various community resources, including housing assistance. Contact: Dial 2-1-1 or visit United Way