What mistakes commonly delay evictions?

Common Mistakes That Delay Evictions in Michigan: A Guide for Landlords

Evictions can be one of the most challenging aspects of property management for landlords in Michigan. When tenants fail to comply with lease terms, pursuit of eviction is often necessary to regain possession of the property. However, the eviction process in Michigan involves strict procedural requirements, and common mistakes during the notice and filing stages can significantly delay a landlord’s ability to remove a tenant.

Understanding these pitfalls is essential to navigating eviction efficiently and minimizing lost rental income or legal exposure. Below is an exploration of the most frequent mistakes made by Michigan landlords that cause eviction delays, along with practical recommendations for avoiding them.

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1. Improper or Incomplete Eviction Notices

The eviction process in Michigan begins with serving the tenant a proper written notice. Mistakes in drafting or delivering the notice often stall the entire process.

Common Errors:

• Using the Wrong Notice Type

Michigan law requires different notices depending on the reason for eviction: - 3-Day Notice to Quit for nonpayment of rent. - 7-Day or 30-Day Notice to Quit for lease violations or termination without cause (depending on lease terms). Choosing an incorrect notice can render the eviction invalid.

• Failure to Provide a Legally Adequate Notice Period

Notices must meet minimum time frames: - 3 days for nonpayment of rent. - Typically 7 or 30 days for lease violations or terminations. Providing fewer days than required gives tenants grounds to challenge the eviction.

• Improper Service of Notice

Michigan law allows notices to be: - Hand-delivered to the tenant. - Left with a competent person of suitable age at the rental unit. - Sent by certified mail. Failure to properly serve the notice means the eviction clock has not started.

• Not Including All Required Information

Notices must clearly state: - The reason for eviction. - The date by which the tenant must take corrective action or vacate. - Amount of rent due if applicable. Omissions or vague language can lead to tenant disputes and delay.

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2. Filing the Eviction Lawsuit (Forcible Entry and Detainer) Too Soon or Too Late

Once the notice period expires without tenant compliance, landlords may file an eviction lawsuit. Filing too early or too late can both cause delays or dismissals.

Key Timing Issues:

• Filing Before Notice Period Ends

Filing a Forcible Entry and Detainer (FED) action before the notice period runs out is premature. Courts typically dismiss or delay cases filed before proper notice has been given.

• Waiting Too Long After Notice Expiration

Although there is some flexibility, excessive delay after the notice expiration allows tenants to argue waiver of eviction rights or justify their stay, potentially complicating the case.

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3. Incomplete or Inaccurate Court Filings

The eviction lawsuit requires specific court documents to be filed correctly.

Common Filing Mistakes:

• Incorrect or Missing Forms

Michigan’s 59th District Court, for example, has prescribed forms such as the “Complaint for Forcible Entry and Detainer.” Using outdated or incomplete forms risks rejection.

• Failing to Attach Required Proof of Notice Service

Courts require evidence showing the tenant was properly served eviction notices. Lack of affidavit or receipt confirming service can result in continuances.

• Incorrectly Naming Parties

Full legal names of tenants must be used. Naming the wrong parties delays proceedings and may require re-filing.

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4. Lack of Preparation for Tenant Defenses

Tenants often respond to eviction notices with defenses that, if unanticipated, can delay proceedings.

Common Tenant Defenses:

• Claims of Improper Notice

Challenging the validity of notice service is a frequent delay tactic, especially when landlords cut corners.

• Rent Payment Disputes

Disagreements over rent balances owed or timing of payments must be clearly documented by the landlord prior to filing.

• Allegations of Retaliatory or Discriminatory Eviction

Landlords must avoid actions that could suggest unlawful eviction motives.

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5. Failure to Utilize Licensed Process Servers or Certified Mail Properly

Proper service is critical in Michigan eviction cases.

Service Issues:

• Self-Service or Informal Delivery

Landlords attempting to personally serve notices without evidence or to tenants not always at home may face challenges. Using licensed process servers or certified mail with tracking helps.

• Incorrect Address or Tenant Not Found

Ensuring the tenant’s current residence and name spelling prevents notification failures.

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6. Not Complying with Michigan’s COVID-19 or Other Temporary Eviction Protections

At various periods, emergency orders or moratoriums issued by Michigan authorities have modified eviction rules.

Considerations:

• Ignoring Temporary Moratoriums

Filing eviction lawsuits during government-imposed moratoriums can result in case dismissal.

• Failing to Understand New Notice Requirements

Some emergency orders require landlords to provide tenants additional cure or payment periods.

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7. Overlooking Lease Terms and Local Ordinances

Michigan landlords must carefully review the lease agreement and local jurisdiction policies before commencing eviction.

Common Oversights:

• Lease Provisions for Notice and Cure Periods

Some leases require longer notice or opportunity to cure before eviction.

• City or County Eviction Rules

Some municipalities may have additional tenant protections delaying eviction timelines.

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Best Practices to Avoid Eviction Delays in Michigan

To minimize eviction delays, landlords in Michigan should follow these guidelines:

• Understand and Use the Correct Notice for Each Situation

Always refer to Michigan landlord-tenant statutes to issue the appropriate eviction notice.

• Serve Notices Properly and Keep Documentation

Use certified mail or licensed process servers and retain copies of all notices and delivery confirmations.

• File the Eviction Lawsuit Only After Notice Period Expires

Ensure timing aligns with statutory requirements.

• Complete and Submit Court Filings Accurately

Include all required information, proof of notice, and correct party names.

• Maintain Detailed Records

Track rent payments, communications, and lease violations meticulously to defend against tenant claims.

• Stay Informed About State and Local Laws

Monitor updates to COVID-19 orders or local eviction rules that may affect timing.

• Consult Legal Counsel When in Doubt

Eviction law can be complex; professional advice can prevent costly errors.

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Conclusion

For landlords managing rental properties in Michigan, understanding the eviction notice requirements and legal procedures is crucial to avoid costly delays. Common mistakes such as improper notices, incorrect timing, flawed court filings, and inadequate service are preventable with careful attention to detail and adherence to Michigan law. By following best practices and maintaining thorough documentation, landlords can streamline the eviction process and protect their property interests effectively.