If the tenant repeatedly violates the lease or stops paying the rent in Southfield or any location, you start by mailing the tenant a “Seven Day Notice.” This is also sometimes called a Notice to Quit. This notice puts the tenant on notice that they need to call the Southfield Property Management office and make arrangements to pay immediately.
If the Tenant fails to pay within the 7 days, the next step is to file a complaint with the district court. The court will then deliver a summons to the tenant. At this stage, there will be a hearing in court. If the tenant wins, the tenant stays. If the tenant loses, the tenant has 10 days to pay the rent, settle the violation issue, or vacate the premises. Your Southfield property management company can help with the process.
It is only after the tenant fails to do these things by the date set by the court that the landlord may seek what’s called a writ of restitution. This commands the sheriff or court official to serve the process and restore the landlord to full possession of the property. The sheriff handles changing the locks and seeing the tenant’s belongings to the curb. You never should-it’s in fact illegal.
Other eviction ploys that are illegal in most states are:
The use or threat of force
Touching the tenant’s personal property at all
Changing, altering, or adding locks or security devices of any kind, or boarding up windows and doors, or removing windows and doors
Interrupting water, gas, or electric service
Attempting to use loud noises or odd smells to get the tenant to leave
Tenants can be awarded damages for these things, covering their property as well as any nights they spent in a hotel as a result of your interference. As tempting as some of these courses of action might be, as a landlord your best bet for ideal Southfield property management is to maintain your cool, document everything, and follow the law to the letter. You have the high ground here, and tenants often do not have a leg to stand on in a clear non-payment case. Time is on your side, so long as you can maintain your patience.
