In Michigan, the process to evict a business from a commercial lease is same as the process of evicting a renter from a residential lease. The Michigan Summary Proceedings Act lays out the procedure for eviction and what rights the renter has in the process. Various steps must be met to properly evict a tenant, and the tenant has certain protections under the law.
Reasons to Evict
Under Michigan law, a landlord may evict a tenant under certain circumstances. If a tenant fails to pay rent, the landlord may begin the eviction process. The process may also begin if the tenant uses the property in a way that causes serious damage to the property or the tenant does not move out at the end of the lease. Eviction may also begin if a specific section of a particular lease is violated by the tenant.
Renters' Time Rights
The tenant is afforded time to catch up on payments or remedy whatever is causing the eviction under Michigan law. Once an event triggers eviction -- for example, nonpayment -- the landlord must notify the tenant. The tenant then has seven days to remedy the landlord's reason for eviction before the landlord can file a lawsuit in court to evict the tenant.
Renters' Notice Rights
Michigan law requires that the tenant is notified of certain things when the eviction is for nonpayment. In the initial notice of eviction, which is called a Demand for Possession Nonpayment of Rent, the landlord must put in writing the reason why the demand is being made, the amount due, and the time that is allowed for the renter to remedy the problem.
Filing the Lawsuit
Once the seven-day period has elapsed, the landlord must file a lawsuit in district court to begin the actual eviction process. The complaint, which is the document filed to begin the lawsuit, must be properly served on the tenant. The landlord must attach the demand letter as well as a copy of the lease to the complaint. The tenant typically has 28 days to answer the complaint, at which time the court will set a hearing date for both sides to state their side of the dispute.
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