Landlords

C. Eviction Timeline (continued)EvictionTRIAL: Within 10 daysthere will be a trial/hearing.Michigan Court Rule4.201(F)If either party appearswithout an attorney, butrequests to retain one,the judge will generallyadjourn the trial/hearing for 7 days.JUDGMENT: After trial,the judge will render adecision either in favorof the:a) Landlord (evicting thetenant), ORb) Tenant (allowing himor her to remain inpossession).A money award may alsobe entered for damagesincurred by either party.Michigan Court Rule4.201(K)APPEAL: Within 10days after judgment,either party may appealthe judge’s decision. Theparty appealing thejudge’s decision mustpay an appeal bond,filing fees, and transcriptfees to preserve theappeal and stop the Writof Eviction from beingissued.Michigan Court Rule4.201(N)EVICTION: After 10days—a Writ of Evictionmay be requested,issued, and executed.MCL 600.5744(4);Michigan Court Rule 4.201(L)Issuance: Issuance mustoccur within 56 days afterjudgment is entered andmust be executed no laterthan 56 days after the writ isissued.Important: Certainsituations may allowissuance of a Writ ofEviction Immediately.MCL 600.5744(2)Landlord’s DutiesYou have a right to anattorney; you may askfor time to retain one.Generally, the judge willadjourn for 7 days. Youhave a right to a jurytrial; however, you mustdemand it in theComplaint and pay thejury fee. (The fee startsat $40 and goes updepending on the amountin controversy.)Provide testimony,documents, and otherevidence to show thatyou are lawfully entitledto recover possession ofyour rental property.If judgment is for you,the landlord, it mayinclude an award for anymoney due and for costs.You may begincollections on the moneyjudgment if tenant doesnot otherwise pay orappeal. You will have towait to regain possessionby requesting a Writ ofEviction.MCL 600.5741If judgment is for thetenant, he or she mayremain in possession ofyour rental property.Decide quickly whetherto appeal.Once the sheriff executesthe Writ, you regainpossession of your rentalproperty.Tenant’s DutiesYou must appear andanswer the Complaint.You have a right to anattorney; you may askfor time to retain one.Generally, the judge willadjourn for 7 days. Youhave a right to a jurytrial; however, you mustdemand it in your firstresponse—written ororal—and pay the juryfee. (The fee starts at $40and goes up dependingon the amount incontroversy.)Defending landlord’sclaim may require you totestify and providedocuments and otherevidence of why youshould be entitled toremain in possession ofthe rental property.If judgment is for you,the tenant, you mayremain in possession ofthe rental property.MCL 600.5747If judgment is for thelandlord, you musteither:a) Make full payment (ifthe eviction can becured by payment),ORb) Settle the dispute, ORc) Move out, ORd) Appeal the judge’sdecision.Decide quickly whetherto appeal.If the reason for theeviction wasnonpayment of rent, fullpayment of the rent, plusfees and costs awarded,may stop the issuance ofthe Writ of Eviction.Partial payment will notstop the issuance of theWrit.WARNING: Otherreasons for eviction maynot be cured by paymentand you must move outbefore the sheriffexecutes the Writ andmoves things out foryou.FROM START TO FINISH—IT CAN TAKE AS FEW AS 27 DAYS OR AS MANY AS 57 DAYS TO EVICT A TENANT!19