Demand For Possession, Nonpayment Of Rent Landlord: Fill & Download for Free

Michigan has two different types of eviction notices. The reasons for eviction will determine the type of notice required to start the eviction process:Notice to Quit - this is used for:the tenant has violated a lease provision where the lease allows for termination; orthe tenant has no lease and the landlord wants the tenant to vacate the premises.Demand for Possession - this is used for:Nonpayment of rent;Illegal drug activity on the property;Physical damage to the property or creating a health hazard; orJust cause for mobile home or subsidized housing tenants.How Long Does the Eviction Process Take in Michigan?

Before I say anything else, the answer to the question, “How many days can you be late on rent?” is usually 5 days.We all know about the law of equivalent exchange, correct? If we use something we have to pay (or eventually will pay) what that something is worth. This very same principle can be applied to renting an apartment – if we stay in that apartment we’re going to pay (or should pay rent for that apartment). But what happens when we’re placed in situations where we don’t really have all we need to pay that rent for the month or, when we have certain bills that are a bit more urgent than our rent payment? Well, we may just have to push the limit for a little bit and see how long our landlord will give us before they decide to start the eviction process.Instead of guessing how long we usually have before the eviction process is started we actually know (on average) what our landlord will give us in terms of late days. Assuming that your landlord told you both how much your rent will be as well as when it is due (as I said at the very beginning of this article) you’ll have 5 days to get that rent paid (after the due date) before your landlord decides to go after you.But, what do you do if they do start to evict? And, what should you expectWell, you actually have a few options in case your landlord does begin the eviction process, each of which will be detailed as you go through the article. First though, you should know what your landlord is required to give you so that you understand that you’re being (or are int eh process of being) evicted.Demand for possession, Nonpayment of rentIf you’re being evicted from your apartment your landlord has to give you a piece of paper called a “Demand for Possession, Nonpayment for rent”. Essentially this paper has to be written, addressed to you (the tenant), have the address of the property in question, have the dollar amount for the property, state the time period you have to pay that amount, and have the address of the landlord as well as the notice date.How it’s servedConsidering that this is such important information (I mean, receiving this information can be the difference between you having a home and being homeless) your Demand for Possession, Nonpayment of Rent notice must be delivered/served to you in a certain way.* not to mention that this is literally the first ever step in the eviction process.Your notice can be given to you:In person by the landlord. This is called personal service.Through a person who lives in your household who is of age and considered responsible enough to both accept it and give it to you. This is called substitute service.Through first class mail and delivered to you directly.By delivering it to you via email (or electronically, which would most likely mean email).Serving you your notice via email would require that your landlord do the following things: State somewhere (usually in your leasing agreement) that you would like to receive notices via email (or electronically), The landlord themselves must have sent you a confirmation or agreement via email, or you’ve replied to your landlord’s email already.*these methods also require that you let your landlord know of a change in email once one arises.Examples of improper service:Attaching the demand to your propertyMailing the demand via signature requested methodsLeaving the demand outside of your doorPutting the demand under your doorThen you have to go to courtThe next logical step when you’re being evicted is for your landlord to take you to court (that is, if you don’t pay your rent in the allotted time period or leave/quit the lease). A case where you would be taken to court so you can be evicted would be called an eviction case.To begin this case your landlord will have to file a complaint/summons with the district court. To file this complaint your landlord must attach:A copy of the Demand for Possession (which should’ve/ must be served to you)Certificate of service that states how the demand was served to youBefore you landlord is actually able to evict you (or get a judgement that allows them to do so) they must prove the below things:You didn’t pay your rent in the allotted time periodYou were served properly using one of the above methodsYou (of course) didn’t pay your rentA failure to prove all of the above things can result in a favorable judgement for you – in which case, there’s a chance you don’t get evicted.How to defend yourselfOf course, there are also situations where you receive the threat of eviction but actually shouldn’t be (at least, not for not paying your rent). If you did in fact pay your rent and there was a miscommunication of some sort, or there was some other issue that was going on that should be factored into the judgement you have a few options.You can show your landlord receipts of you making your payment: If you receive a notice of nonpayment of your rent you can always go to them and let them know that you did in fact pay your rent and give them copies of those receipts (operative word is copies). Having those receipts will also help in case your landlord decides that he doesn’t want to honor those copies.The place you’re paying rent in should be up to par and repaired in a timely manner. If it isn’t you can use that knowledge to help get yourself a “rent abatement” which is essentially a reduction in your rent for the time where your apartment was not up to par and needed repairs. A good rule of thumb would be to bring proof of the lack of repairs with you to court to show the judge.Pictures and inspection reports will usually suffice.In addition to the rent abatement any money you personally spend on your home/apartment for repairs can be used to file a counterclaim that basically requests/asks that you get repaid for any money spent out of your own pocket for damages.Make sure you didn’t cause any of the damage however.Can you pay rent after the judgement?Let’s say that the case just ended and that the verdict was not in your favor. What should you expect in terms of payment and how long do you have to pay it? After you receive the judgement against you you should know: How much you owe and whether you’re just paying that amount or moving out of your home.How much you owe: We know the judgement will include information telling you how much you owe. If it doesn’t, then you won’t be able to pay the landlord. However there may be other fees included such as:Fixed court costsLate feesFiling feesLawyer fees are on the respective person/party*if at any time in this process both you and your landlord decide against finishing the eviction process that is also a viable option. You want to make sure that, if the two of you decide to stop the process, you get a written form (signed by the landlord) saying that this happened. You don’t want to get burned.2. You’re told that you must either pay the amount or leave the apartment: Typically you’ll be given 10 days to pay the rent in full or you’ll have to leave the apartment (you have the option of asking for more time as well). If you aren’t able to pay and do not leave the apartment by the specified time your landlord can call policemen or the local sheriff to help in the eviction. If you do pay the full amount your landlord has no option but to allow you to stay in the apartment/home. *if you don’t pay the amount that was stated in the judgement your ladnlord may still have a way to get you kicked out of the apartment.

Check the most recently passed laws in your state, if any, to protect tenants and consumers. The governor of California just placed a moratorium on evictions while this worldwide pandemic is still in its earliest stages.When you say you pay rent under the table, I am going to assume for a moment that you are paying rent in cash, and that you don't have a written rental agreement. Please correct me if I'm wrong, but this is the scenario I will address.Even though you may not have a written rental agreement, you still have rights. If you have been paying rent once a month, then your term is monthly. You don't need a written agreement to be renting on a monthly basis. Depending upon what state you live in and how long you have been living there, you are entitled to either a 30 day notice or possibly a 60 day notice to vacate the premises. You do not need a written agreement to be eligible for such notices. Unless you're in violation of something that might have been included on a lease or agreement, (since there is no written agreement, you have not been informed of any clauses you could be violating,) the only thing I can address without furthur information is nonpayment of rent. This is one reason landlords should always have a written agreement with their tenants. He cannot accuse you of breaking any agreement clauses if he hasn't given you any. The only possible reason I can see from a simple question on Quora that he could claim is nonpayment of rent. Have you already paid March rent? Has he given you any notice at all yet, or are you just sort of expecting to be given a notice? Do you have enough to pay April rent?Have you paid a security deposit to your landlord? That money is still your money and will remain your money, unless: you owe back rent; have damaged something that he will need to repair; you leave any trash or garbage behind that he will have to spend time and money cleaning up and hauling away, or if you leave the home dirtier than when you moved in. Before you move, start cleaning and taking care of simple repairs that you can deal with. Ask him if he can perform a premoveout inspection, so you won't have any surprises on your moving day. Did you perform a premovein inspection with your landlord? Did you get a written report of all existing conditions and damage in your home? Did you take any photos or videos before you moved in? I hope your landlord isn't an asshole, because there are dirtbags out there who will not perform an inspection if the tenant doesn't demand one. Landlords have been known to charge damages from a previous tenant to the current tenant if they can get away with it.I do hope you have been getting a receipt for your deposit and for your rent each month, and that you still have the security deposit receipt and at least one rent payment receipt in your possession. If not, do you have a bank account from which you make regular withdrawals to pay your rent each month? If so, collect statements that show those withdrawals. If not, do you have any mail addressed to you where you're living right now? (Please don't tell me you get your mail in a USPS mailbox.) What I'm getting at is that I need you to come up with some proof that you lived there. Drivers license, auto registration, auto insurance, credit card address, online purchases… find something with your name and address on it. Collect as much of that possible. Because you used the terminology paying rent under the table, I have to assume without additional information that you may not have all or any of this.Go online and find your nearest tenant advocacy agency and bring as much documentation with you as possible for more information. Since there have been hundreds of thousands of layoffs nationwide, and depending upon the state of your rental market prior to the outbreak of the pandemic, it could be possible that the rental your living in could remain empty after you move out. If that is the case, you could mention it to him. Offer him a half months rent if possible. If he knows it might be difficult to find a tenant with a job, I suppose it's possible he could take you up on the offer. There may be alternative job markets opening up in this new world economy.If you didn't sign a rental agreement, get a receipt for your security deposit, perform a premovein inspection, or receipts for your monthly rent payments, you now know what you need to be doing to protect yourself from landlords who would take these advantages against unsuspecting newbie tenants.One last thought… If you're renting under the table, that means he's probably not reporting your rent as income, or it may be possible that your home is not up to codes. If he is not reporting your rent as income on his taxes, you now hold an advantage over him. Keep a close eye on the rental rates in your area. It's possible they could start to fall as people move back with parents, and take in extra housemates and roommates. You're not alone in this. This is a huge event on par with other pandemics and worldwide catastrophes.I am not a lawyer or real estate professional, and this Quora answer is not professional advice. The information in this answer comes from my 35+ years of renting in five states.