Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 18

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Eviction Proceedings
4. Illegal drug activity on the premises and
If the landlord wishes to remove a tenant
a formal police report was filed (a lease
from his or her rental property, the landlord
provision must allow for such
must use the eviction process. The eviction
termination);
process is called Summary Proceedings, and
5. Violation of a lease provision and the
it moves quickly to restore rental property to
lease allows for such termination;
the person lawfully entitled to possession.
6. Forceful entry, or peaceful entry – with
The process starts with notice and may
forceful stay or trespass;
involve court appearances and a trial. The
7. Holding over after natural expiration of
notice is usually called a “Notice to Quit” or
the lease term;
a “Demand for Possession,” but for
8. “Just cause” for terminating tenant of
simplicity, we will call it an eviction notice
mobile home park (“just cause” is
here. If the landlord is successful in proving
defined for this purpose by MCL
his or her case, an Order of Eviction may be
600.5775); OR
issued and a court officer may remove the
9. “Just cause” for terminating tenant of
tenant and tenant’s personal items from the
government-subsidized housing. (Note:
rental property. It is important to remember,
“just cause” is defined by statute, see
however, that there are many steps in the
MCL 125.694a and 600.5714.)
eviction process before the tenant is
Q2 If one roommate moves out and stops
physically removed – and most landlords
paying rent, can the other tenant(s) be
and tenants reach a settlement long before
evicted?
the matter moves that far.
It may seem harsh and unfair, but yes,
The landlord must never forcibly
the other tenant(s) who are still paying rent
remove the tenant (or occupant) himself
may be evicted. The landlord is lawfully
or herself. This includes things like
entitled to receive the full rent amount.
changing locks, turning off utilities, or some
Whoever signs the lease will be bound by its
other act or omission that interferes with the
terms and conditions. If a “joint-and-several
tenant’s right to possess, use, and enjoy the
liability” clause is in the lease, who actually
rental property. This is illegal and
pays what amount is of no concern to the
punishable by significant money damages.
landlord.
STARTING THE EVICTION PROCESS
Most leases include a provision that
BEFORE GOING TO COURT
holds all tenants “jointly and severally
liable” for any and all violations of the lease.
Q1 What lawful reason(s) must be given to
This means that each person is
evict a tenant?
responsible not only for his or her
There are nine reasons specified by law
individual obligations, but also for the
that would allow the landlord to start
obligations of all other tenants. This
eviction proceedings with the notice
includes paying rent and performing all
described above:
other terms of the lease. Therefore, if only
1. Nonpayment of rent;
one tenant stops paying the rent (or violates
any other provision of the lease agreement),
2. Extensive and continuing physical injury
the landlord may choose to evict any or all
to property;
of the tenants. In addition, the landlord may
3. Serious and continuing health hazard;
T e n a n t s a n d L a n d l o r d s R e s o u r c e G u i d e
Page 16

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