As a property owner, deciding to move forward with the landlord/tenant dispute process can be a difficult decision. At Kiley Management, we understand the importance of making an informed choice. Below, we've outlined the steps you can expect if you decide to proceed with the process, along with some key considerations.
The first step in the landlord/tenant dispute process is already complete. A 7-day or 30-day notice has been served to the resident, informing them of our intent to file suit. This notice was provided due to the resident’s failure to catch up on past rent, correct a lease violation, or respond to our demand to vacate the property. Since the resident did not remedy the issue within the time frame specified, we are now prepared to take the next steps.
The next step is to file a Summons and Complaint with the court. This legal document formally requests that the court schedule a hearing for the landlord/tenant dispute. The document will outline the breach of contract. If the tenant cannot cure the breach, we will seek a judgement for possession of the property and money owed.
Once the Summons and Complaint are filed, a court date will be set. A process server will then deliver a notice to the resident, informing them of the court date and requiring their appearance. This step ensures that the resident is aware of the legal proceedings.
Most landlord/tenant disputes in Michigan require two court appearances. During these hearings, both parties will present their case to the judge. Our goal is to secure a judgment in our favor, which includes both possession of the property and any money owed.
If we are successful in court, we will receive a signed judgment. The resident will be given a 10-day period to cure the breach or vacate the property voluntarily. If the tenant does not fulfill the judgement or vacate the property, further legal action is necessary.
If the tenant fails to vacate within the prescribed time, we can request the court’s assistance in forcibly removing them. This involves filing an Application and Writ for Eviction with the court. A Court Officer will then be scheduled to post a notice at the property. If the resident still does not vacate, the Court Officer will remove their belongings and allow us to change the locks. The timing of this action can vary depending on the Court Officer’s availability.
The landlord/tenant dispute process can be costly, particularly if the resident remains in the property for an extended period. While we cannot provide an exact amount, the cost of filing the complaint, attending two court appearances, and obtaining a possession/money judgment typically amounts to approximately $1,000. If we need to file an order to evict and hire a Court Officer to physically remove the resident, additional costs will apply.
Although landlord/tenant disputes may seem routine, they require strict adherence to legal procedures, attention to detail, and strategic planning. Any small mistake on the landlord’s part can result in delays, allowing the tenant to remain in your property rent-free for additional days or weeks.
Please note that different types of disputes require different types of notices. The steps outlined above pertain to cases where the tenant has failed to pay rent. Other types of evictions, such as those involving illegal drug activity, serious health hazards, lease violations, or holdover tenancy, involve separate procedures, timelines, and documentation.
If you have any questions or would like to discuss whether to move forward with the eviction process, please schedule an eviction consultation. We’re here to support you every step of the way.
⚠️ Disclaimer: The law is constantly evolving, and there may be times when the information provided here is not up-to-date. This information is intended for general informational purposes only and is not a substitute for legal advice. For specific guidance, we recommend consulting with an attorney.