Evictions

Division Of Student Affairs; Western Michigan University

WHAT IS AN EVICTION ?

An eviction is the required legal step a landlord must take after he has given a Notice to Quit to a tenant.

An eviction is required when the landlord has given proper notice to the tenant to leave and the tenant refuses to do so.

Eviction is allowed only through court proceedings or the voluntary departure of the tenant.

Eviction is the legal removal of a tenant from rental property he has possession of, but does not own.

Eviction cannot be used as a way to retaliate against a tenant who is trying to exercise his/her rights as a tenant.

WHY EVICT ?

Landlords trade reasonable use of their property for rent from tenants. Landlords can take legal action to protect their investment when:

1. A tenant fails to pay rent.

2. A tenant uses the property unreasonably, causing a serious and continuing health hazard or an extensive and continuing physical injury to the property.

3. A tenant doesn't leave after the lease is up.

There are several other reasons for using eviction laws, but they are too rare to discuss here.

WHEN TO EVICT ?

THE COURT PROCESS TAKES TIME, SO DON'T WASTE ANY. START THE EVICTION PROCEEDING AS SOON AS POSSIBLE. YOU CAN ALWAYS DROP THE EVICTION IF THE TENANT COMPLIES VOLUNTARILY.

Start by serving proper notice to tenant. See "Notice To Quit."

EVICTION FORMS

• Notice to Quit (DCH 100a, b & c). See "Notice to Quit."

• Complaint (DCH 102a, b & c)
  A legal form advising the nature of the claim and the remedy the landlord is seeking. There are three separate complaint forms which correspond to the three types of Notice to Quit forms:
  1. Non-Payment of Rent
  2. Physical Injury/Health Hazard
  3. Termination of Tenancy

• Summons (DCH 104)
  A legal form advising the tenant of the date, time and place of the hearing. The summons can only be partially completed since the court clerk must assign the date, time and courtroom.

• Judgment (DCH 105)
  A legal form advising the parties as to the judge's decision.

• Writ of Restitution (DCH 107)
  A court order authorizing the removal of the tenant and/or his personal possessions from the rental property.

WHERE TO OBTAIN EVICTION FORMS

• Off-Campus Life

• District Court offices

• Office supply stores

FILING FOR EVICTION

It is best to type all legal forms. The eviction papers are filed with the clerk of the court having jurisdiction over the address of the property in question. In Kalamazoo County there are three(3) district courts:

1. 9-1 District Court
   (City of Kalamazoo)
   416 S. Rose
   Kalamazoo, MI 49007
   

2. 9-2 District Court
   (City of Portage)
   7810 Shaver Rd.
   Kalamazoo, MI 49002
   

3. 8th District Court
   (Remainder of County)
   227 W. Michigan
   Kalamazoo, MI 49007
   

Landlord must file the following eviction forms with the court clerk which can be notarized at the time of filing:

1. Notice to Quit (tenant's copy must already have been served.)

2. Complaint

3. Summons

A minimum of four (4) sets of these forms must be filed with the court clerk plus a set for each tenant to be served.)

Copies of written leases, receipts and any other relevant documents should also be attached to these forms.

SERVICES

Service is the way in which a landlord must notify the tenant of the eviction hearing. It is accomplished in the following manner:

Regular Mail: Court clerk will mail out summons.

Certified Mail/Process Server: Ð Court rules also require that another set of forms be sent by certified mail OR be personally delivered by a process server to the tenant. Court rules now permit any legally competent adult who is not a party to the lawsuit to serve eviction papers with the exception of writs of restitution and execution. Proof of service must be filed with the court clerk if a process server is used. Courts are not required to provide process servers.

FEES

Filing for possession	$22
Filing for possession + damages	$34 - $44
Trial fee	$22 - $44
Jury demand	$30
Writ of Restitution, Execution, or Garnishment	$5
Discovery subpoena	$5
Certified mail service Personal service (plus mileage)	$4

Fees are frequently adjusted. Always check with the court clerk in the district of jurisdiction for new or adjusted fees.

HEARING

When going to court a tenant should consider the services of an attorney. Whether or not the tenant or his/her attorney shows up at the trial, the landlord must testify to the nature of the landlord's interest in the property.

• If non-payment is the reason for eviction, the amount of rent due and the date of the last payment must be established.

• If termination of tenancy is the reason for eviction, the date of the end of the lease (if there was one) must be established.

• If either health hazard or physical injury is the reason for eviction, it must be established that the problems are serious and continuing or extensive and continuing. Testimony will not be heard unless the witness has actual, personal knowledge of the facts. When the tenant appears in court he/she should be prepared to respond to the complaint filed by the landlord.

JUDGEMENT

If the landlord wins, a judgement will be prepared by the court clerk, stating the length of time the tenant has to vacate (or the amount of rent the tenant must pay to continue in possession). If the tenant does not comply with the judgement, a landlord can obtain a WRIT OF RESTITUTION authorizing the physical removal of tenant and property. You can be file for a WRIT OF GARNISHMENT OR EXECUTION if a money judgement was issued and the tenant fails to pay.