Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 36
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39Eviction Timeline
Landlord’s Duties
Tenant’s Duties
(cont.)
(cont.)
(cont.)
You have a right to an attorney; you
You must appear and answer the
TRIAL: Within 10 days there will be
may ask for time to retain one.
Complaint. You have a right to an
a trial/hearing.
Michigan Court Rule 4.201(F)
Generally, the judge will adjourn for 7
attorney; you may ask for time to
days. You have a right to a jury
retain one. Generally, the judge will
If either party appears without an
trial; however, you must demand it in
adjourn for 7 days. You have a right
attorney, but requests to retain one,
the Complaint and pay the jury fee.
to a jury trial; however, you must
the judge will generally adjourn the
(The fee starts at $40 and goes up
demand it in your first response—
trial hearing for 7 days.
depending on the amount in
written or oral—and pay the jury fee.
controversy.)
(The fee starts at $40 and goes up
depending on the amount in
Provide testimony, documents, and
controversy.)
other evidence that you are lawfully
entitled to recover possession of your
Defending Landlord’s claim may
rental property.
require you to testify and provide
documents and other evidence of why
Recommendation: Dress nicely, be
you should be entitled to remain in
prepared, and be respectful of the
possession of the rental property.
legal process.
Recommendation: Dress nicely, be
prepared, and be respectful of the
legal process.
If judgment is for you, the Landlord,
If judgment is for you, the Tenant,
JUDGMENT: After trial, the judge
will render a decision either in favor
it may include an award for any
you may remain in possession of the
money due and for costs. You may
rental property.
of the:
a) Landlord (evicting the Tenant),
begin collections on the money
Michigan Statute 600.5747
OR
judgment if Tenant does not otherwise
If judgment is for the Landlord, you
b) Tenant (allowing him or her to
pay or appeal. You will have to wait
must either:
remain in possession).
to regain possession by requesting a
a) Make full payment (if the
Writ of Eviction.
eviction can be cured by
A money award may also be entered
Michigan Statute 600.5741
payment), OR
for damages incurred by either party.
If judgment is for the Tenant, he or
b) Settle the dispute, OR
Michigan Court Rule 4.201(K)
she may remain in possession of your
c) Move out, OR
rental property.
d) Appeal the judge’s decision.
Decide quickly whether to appeal.
Decide quickly whether to appeal.
APPEAL: Within 10 days after
judgment, either party may appeal the
judge’s decision. The party appealing
the judge’s decision must pay an appeal
bond, filing fees, and transcript fees to
preserve the appeal and stop the Writ of
Eviction from being issued.
Michigan Court Rule 4.201(N)
Once the sheriff executes the Writ,
EVICTION: After 10 days—a Writ
If the reason for the eviction was
of Eviction may be requested, issued,
you regain possession of your rental
nonpayment of rent, full payment of
and executed.
property.
the rent, plus fees and costs awarded,
Michigan Statute 600.5744(4); Michigan Court
may stop the issuance of the Writ of
Rule 4.201(L)
Eviction. Partial payment will not
stop the issuance of the Writ.
Issuance: Issuance must occur within
56 days after judgment is entered and
WARNING: Other reasons for
must be executed no later than 56 days
eviction may not be cured by payment
after the writ is issued.
and you must move out before the
sheriff executes the Writ and moves
Important: Certain situations may
things out for you.
allow issuance of a Writ of Eviction
Immediately.
Rev 12/2009
Michigan Statute 600.5744(2)
F
—
ROM START TO FINISH
IT CAN TAKE
27
57
AS FEW AS
DAYS OR AS MANY AS
DAYS
T
!
TO EVICT A
ENANT
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