Landlord Tenant Guide - State of Michigan

of the rent was withheld for the purpose ofaddressing the maintenance or repair issue(s),it must have been deposited into an escrowaccount. (That portion of rent must reasonablyrelate to the cost of repair or to the damagethat the tenant incurred because of theproblem.) The tenant must show that “but forthe repair and maintenance required, he or shewas ready, willing, and able to pay the rent.”Having a defense and being able to prove itare two different things. If the tenant is successfulin offering his or her proofs, the tenantis generally allowed to remain in possession ofthe rental property. The Court may not ordereviction if the Court believes that the tenantcomplied with the law and acted only toprotect his or her rights, even though thelandlord may have had a lawful reason toevict. If the parties to a lawsuit for evictioncannot otherwise reach an agreement, they willhave to go to court to have things decided forthem. Even when they first get to court, mostcases are resolved in the hallways. The judgesgenerally encourage the parties to reach asettlement; the attorneys who are there onbehalf of the parties also encourage theirclients to do so. If they cannot, the partiesthen proceed to trial where the judge or jurywill decide the outcome.At trial, both parties will be given anopportunity to tell their side to the judge (orjury). They will be allowed to offer testimonyand show documentation that may persuadethe judge (or jury), by a preponderance of theevidence (51 percent), to rule in their favor.In the courtroom, there is an order tothings. The landlord must first prove that alawful reason for eviction exists and that he orshe is entitled to regain possession as ownerof the rental property. The tenant, on the otherhand, may next offer evidence that eventhough there is a lawful reason, a legal defenseexists that protects him or her from beingremoved. (See a list of landlord’s lawfulreasons and tenant’s possible defenses, pages13 and 16, respectively.) After both partieshave had an opportunity to offer their proofsto the judge (or jury), a decision will be madeeither for the landlord (to regain possession)or for the tenant (to remain in possession). Even if the landlord wins the lawsuit foreviction, the court cannot issue an Order ofEviction for at least 10 days. This allows timefor the tenant to appeal the decision; it allowstime for the tenant to cure by paying the rentowed if that was the reason for eviction, and itallows time to work things out by agreement.Only after waiting 10 days can a prevailinglandlord request that the judge issue an Orderof Eviction. However—even then—Michiganlaw does not allow the landlord to forciblyremove the tenant or the tenant’s property.Only an officer of the court, by a judge’s order,can remove the tenant and tenant’s propertyfrom the rental property; and that officer isgenerally the sheriff or someone from thesheriff’s office. This is called executing theOrder for Eviction, and there is little the tenantcan do but start packing. Yes. In addition to regaining possession ofthe rental property, the landlord may havepersuaded the judge (or jury) that he or she isentitled to a money judgment. The judge mayaward the landlord a money judgment for suchthings as unpaid rent, unpaid utilities, damagesto the rental property beyond reasonable wearand tear caused by the tenant, and any otherdamages incurred because of the tenant’sviolation of the lease agreement.Avoiding a money judgment is always agood idea. If the option to pay is still available,the losing party (if financially able) shouldremit what is owed. Once a money judgment isawarded, the prevailing party, through a lawfulcollection process, can garnish wages, garnishbank accounts, and garnish tax refunds. Theprevailing party may also be entitled toanother remedy—executing the moneyjudgment against personal property (a car, finejewelry, collectibles, and the like).Remember that a lease agreement—whether written or oral—is a contract,enforceable by law. Both parties have rightsand obligations under the lease. Simply havingthe tenant removed from the rental propertymay not provide the landlord with all that heor she is entitled to receive under the lease.