Tenant late on rent / eviction in Michigan
Hi BP friends,
I have a tenant that has lived in my property for 6 months and has been late 4/6 months. Typically, she is just a few days late and pays the late fee. This month, it is the 13th and she has still not paid and is unresponsive. This is my first long-term rental and I have not come across this situation. Does anyone have any advice on what to do here?
Thanks in advance,
Quote from @David Castagna:Get rid of your friend.
Seriously, whether they are a friend or not, they are not abiding by your rules. She apparently doesn't feel your friendship is important enough to abide by the agreement and wants to take advantage of you. Now you're going to lose your tenant and the friendship.
She won't get better. Do what you can to get her out and start fresh. In the future, do not ever rent to friends or family.
Four rules regarding rent/tenants:
1 - Always have them sign up for some type of autopayment plan.
2 - Avoid renting to friends
3 - When the rent is late, establish the fact you will immediately send out late notices with late fees applied
4 - Never rent to friends or family.
Please reference this great document for additional information: Tenants & Landlords, a Practical Guide:
Follow this process:
|Day 1:||RENT DUE: Rent typically due on first of each month.|
|Day 5:||GRACE PERIOD UP: Last day of Grace Period|
|Day 6-9:||EVICTION NOTCE SENT: Tenant has exceeded grace period of their lease. Proper Demand form is sent to all tenants to start the legal eviction process, so we force them to address their balance:|
Forms can be found at: https://www.courts.michigan.gov/SCAO-forms/LTLC-forms/
|Day 13-16:||COURT DATE FILING: While waiting the required 7 days, we try to communicate with tenant to determine if they intend to pay and when. Tenants are offered option of Payment Plan. To keep pressure on them, we usually move the Eviction Process forward by sending the following to an attorney to file for a court date:|
NOTE: Only the property owner can represent themselves in court, we MUST use an attorney.
|Day 16-19:||FILING CONFIRMATION: We follow up (f/u) with attorney to make sure they received our email & are filing case with court.|
|Day 19-22:||COURT DATE CHECKUP: We f/u with attorney for court date if not received yet.|
|Day 20-25:||COURT DATE SET: When we get a court date, we try to determine if tenant(s) still in property:|
|Day 25:||COURT DATE: Our attorney appears in court to present case against tenant(s). Tenants are given opportunity to challenge the balance we are suing them for.|
|Day 35:||AFTER REQUIRED 10 DAYS: We contact tenant about their plans to move or pay. We try to be nice, but firm, keeping the pressure on them.|
|Day 36:||WRIT OF EVICTION ORDERED: The next step in the eviction process is to request an Application and Order Of Eviction (form dc 107, also known as a Writ of Eviction) which requires judge signature.|
|Day 43-46||WRIT OF EVICTION RECEIVED: Order of Eviction should be signed by now, if not f/u with attorney.|
|Day 46-53:||WRIT OF EVICTION POSTED: Bailiff will mail or post the Writ of Eviction with date they will physically remove tenant’s belongings.|
|Day 53-60:||BAILIFF REMOVAL: Court appointed bailiff(s) will remove tenant & their belongings and legally return possession of the property to us. Cost is at least $300, depending on city, number of bailiffs, size of home & amount of possessions and cost of possible required dumpster. We can then rekey the locks and evaluate damages to prep for marketing.|
|Day 91:||EXPIRATION DATES: If we agree to an extended payment plan with a tenant, the judgment expires 56 days after judge signs it. We can extend this deadline by requesting the Application and Order Of Eviction (form DC 107), which will usually extend our case another 56 days. Otherwise, we will have to start all over again.|