It’s final. Sheriff is coming!

10 Replies

***This post is not about one of my rental units ***

Posting for my Brother In LAW....

- He has just collected 410.00 off of the tenants, she has major violations in the lease and she is STILL BEHIND by hundreds.... I was RECENTLY told on BP that it stops the eviction process so I told my BIN that. But come to find out, that’s not true. Not with the court agreement, they didn’t pay in full. They have to go. And they will now most likely be sued by my BROTHER in law...

- What are the immediate steps he should take for the eviction? When it is completed, should he be weary of retaliation? He owns also in urban Detroit area....

- What is the SMOOTHEST way to handle an eviction, especially after they just paid partial rent

Get an attorney to start the process.

Basically 3 -day notice to pay or quit. Or just serve up the eviction notice by certified mail for safe record keeping for whatever the reason.

After that time frame has ended file a compliant with the counties office for the eviction.


Go to court, they decide ,gives a date for eviction , have the sheriff out.

Or get an attorney to do the hard work again.

The specific details would be very helpful to understand your brother-in-law's situation. Did the tenants show up to court? If so, did the judge address the issue of partial payments? If not, are the tenants aware of the coming sheriff eviction (did they receive the sheriff notice to vacate?).

I don't know laws governing Detroit, but in California, if partial payment is received by a landlord even after a 3 day notice to pay or quit, the tenant can use this as a defense in court. Unless there is specific written documentation that the tenant knew that the partial payment does not waive the landlord's rights to evict, then the unlawful detainer case may be dismissed. The landlord would then have to restart the entire process.

If this is not the case in Detroit, then your brother-in-law is fortunate.

If he hasn't yet, he will request a writ of possession from the court. Three days later, he will go back to court and pay the sheriff's fee for eviction. When available, the sheriff will post a notice to vacate (5 days after the posting date). Soon after, the sheriff will send notice of the time and date for your brother-in-law (or agent) to be present to change the locks. Again, this is CA - MI may be different.

It may be likely that the tenants will have personal property in the unit after they are physically removed by the sheriffs (they do not wait for tenants to pack and move). Handling personal property is potentially a whole different story with more challenges.

Keep up updated and good luck.

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Originally posted by @Aaron DiCaprio:

Get an attorney whose fluent in MI landlord/tenant law.  They have these types of situations down to a science and can move the process along for you in a timely manner.

At some point, you should consider buying rent default insurance that will reimburse your lost rent and legal expenses.  The cost is affordable and tax deductible.  And will give you peace of mind. 

Good luck!

Aaron

I see these rent default insurances   they seem to come and go..  and leave the insured with no coverage after paying..  who underwrites these policies.. ????  I have seen them fail as stated and cause some very major issues for TK companies who relied on those policies for their buyers. 

Originally posted by @Charlie Moore:

***This post is not about one of my rental units ***

Posting for my Brother In LAW....

- He has just collected 410.00 off of the tenants, she has major violations in the lease and she is STILL BEHIND by hundreds.... I was RECENTLY told on BP that it stops the eviction process so I told my BIN that. But come to find out, that’s not true. Not with the court agreement, they didn’t pay in full. They have to go. And they will now most likely be sued by my BROTHER in law...

- What are the immediate steps he should take for the eviction? When it is completed, should he be weary of retaliation? He owns also in urban Detroit area....

- What is the SMOOTHEST way to handle an eviction, especially after they just paid partial rent

 If your BIL has never gone through the eviction process as a landlord, I suggest hiring a lawyer to handle it.  Especially in the DC area where it tends to be tenant friendly.  Hire a lawyer, ask lots of questions, follow along with all the paperwork and procedures, attend court every time and learn how the lawyer speaks to the magistrate.  Attend the actual visit by the sheriff's deputy who performs the eviction.

That way, your BIL will have good firsthand knowledge of what the entire process is like.  After that first time, your BIL will either know enough to do future evictions without a lawyer's expense, or your BIL will decide it's worth the price to have a lawyer handle it.

No way your BIL should handle his first rodeo alone without guidance.  Especially not if he has accepted partial payment after the eviction process was begun.  He definitely needs professional legal advice.

Originally posted by @Charlie Moore:

@Hubert Kim

What do I do with their personal possessions

@Charlie Moore I am not sure what personal possessions to which you are referring. Has the sheriff physically vacated your brother-in-law's unit already and now there remains personal property left by the tenant? Unfortunately, I am not familiar with the specifics of personal property laws in Detroit, but many states do require notice sent to the tenant with an opportunity to retrieve the property at a mutually agreed time. If the tenant does not pick up their property after a certain period of time, then the landlord may dispose of it in specified methods determined by local laws.

For example in California, the process is very strict and potentially complex. A landlord must send notice to a tenant that includes a detailed list and description of the property, the location where the property will be stored (and possibly storage costs if incurred) and a time frame in which to claim the property after which how the property will be sold or disposed of. After this notice is sent via USPS certified mail, the landlord must wait 18 days for a response. If a response if received, then the tenant may pick up the property as agreed to.

If no response, then the landlord may dispose of the property as s/he wishes if it appears to be worth less than $700. If it appears to be $700 or greater in value, then the landlord must auction the property. The proceeds may be used only for the associated costs. Any remaining amount must be turned over to the city/county treasurer.

The short answer is to check your local laws regulating abandoned personal property.

Originally posted by @Charlie Moore:

***This post is not about one of my rental units ***

Posting for my Brother In LAW....

- He has just collected 410.00 off of the tenants, she has major violations in the lease and she is STILL BEHIND by hundreds.... I was RECENTLY told on BP that it stops the eviction process so I told my BIN that. But come to find out, that’s not true. Not with the court agreement, they didn’t pay in full. They have to go. And they will now most likely be sued by my BROTHER in law...

- What are the immediate steps he should take for the eviction? When it is completed, should he be weary of retaliation? He owns also in urban Detroit area....

- What is the SMOOTHEST way to handle an eviction, especially after they just paid partial rent

 Hire an eviction attorney and work with them to do their thing. This is not a do it yourself process. I've evicted 100's of tenants and have never done so without an attorney. It's not all that expensive and is something he'll need to get in the habit of doing as it's fairly common in this business.