The Eviction Process in Oakland County, Michigan – A Quick Guide for Landlords

Evictions are a part of the rental business, and in high-demand areas like Oakland County, Michigan, non-payment of rent is often the primary reason landlords begin the eviction process. Below is a simplified outline and explanation of the eviction process, including essential steps and keywords like affordable eviction and same-day eviction to help you navigate the system quickly and efficiently.

Reason for Eviction – Non-Payment of Rent

The most common reason for eviction in Oakland County and Wayne County is non-payment of rent. If a tenant is not paying rent on time, eviction proceedings need to be started promptly to avoid further financial losses. Below is an overview of the steps in the eviction process.

Step 1: Providing Notice to the Tenant – Pay or Quit

The first step in the eviction process is giving the tenant notice. For non-payment of rent, you need to issue a 7-Day Pay or Quit Notice. This notice must specify the amount of rent owed, the names of all occupants, and inform the tenant that if payment is not made within seven days, you will proceed with filing a Summons & Complaint for non-payment of rent.

Using same-day eviction services can help expedite this process, reducing unnecessary delays.

Step 2: Filing the Eviction – Summons & Complaint

Once the 7-Day Notice period has passed, you can proceed with filing a Summons & Complaint for eviction. Be sure to include all necessary documents, such as the lease agreement, the 7-Day Notice, and an accounting ledger showing the tenant's overdue balance. The filing fees for eviction vary depending on your case and the amount in dispute, so it’s important to ensure accurate payment to avoid delays.

The court will assign a case number and schedule a hearing, typically within 10 days of filing. If you need a faster resolution, look into hiring an attorney who offers quick eviction services for faster processing.

Step 3: The Hearing – Presenting Your Case to the Judge

At the hearing, you will present your case to the judge, who will decide whether the tenant owes the rent and whether they are required to vacate the property. The judge will issue a judgment for possession, specifying how long the tenant has to move out (at least 10 days in Michigan, but sometimes longer). If you win the case, you may also be awarded a money judgment for back rent.

The process can be streamlined through the use of affordable eviction attorneys who understand local court procedures and can represent you effectively.

Step 4: Writ of Eviction – When the Tenant Won’t Move Out

If the tenant does not vacate the property within the prescribed timeframe, you can file for a Writ of Eviction to have the tenant forcibly removed. This application will prompt the court to schedule a Court Officer to post the notice and, if necessary, remove the tenant’s belongings and allow you to change the locks.

While same-day eviction services are helpful to get this process started promptly, the timeline can vary depending on the court officer’s availability.

Step 5: Conclusion – Eviction Is a Detailed Legal Process

While eviction may seem straightforward, it is a detailed legal process that requires strict adherence to the law. Small errors or delays can extend the time tenants remain in your property rent-free. Make sure to consult with an experienced attorney specializing in eviction law to avoid costly mistakes and ensure a smooth process.

Additionally, there are other reasons for eviction that require specific procedures, such as eviction for illegal activity, violations of lease terms, or health hazards. These types of cases often require different legal filings and timelines, so it’s important to seek professional help when necessary.

Get Help With Your Eviction Process

Eviction can be a complicated and stressful process. If you're a landlord or property manager in Oakland County or Wayne County and need assistance, Hanan & Jarbo offer affordable eviction services with expertise in handling quick evictions. Let them guide you through every step to ensure your eviction is handled efficiently.