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Ellen, Attorney
Category: Business Law
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Experience:  25 years of experience helping people like you.
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Does the landlord need to inform a tenant in writing ...

Resolved Question:

Does the landlord need to inform a tenant in writing that the full amount of back rent must be paid by a certain date or legal action will be taken or is the papers from the court the written notification
Submitted: 8 years ago.
Category: Business Law
Expert:  Ellen replied 8 years ago.
What state is the property located in? Is it residential or commercial property? Is there a lease?
Customer: replied 8 years ago.
It is commercial as it is an apartment complex located in Vicksburg Michigan
Expert:  Ellen replied 8 years ago.
Is the unit in question rented by people who live it in?
Customer: replied 8 years ago.
The unit is where I live. The apartment managers have an apartment there but the owners of the unit do not. It is owned by CATO. The lease expires the end of this month. My court date was 4/28/2008. I received the court papers by a process server on 4/13
Expert:  Ellen replied 8 years ago.

Thank you for the information. I can now answer your question.

Before filing a Complaint to recover possession, a landlord must serve a Demand for Possession Non-Payment of Rent which requires payment of rent or possession of the premises within seven (7) days (excluding Saturday, Sunday, and legal holidays) after the date of delivery of notice. Only after the expiration time on the service of the Seven-Day Notice may the Landlord proceed with filing the Complaint for Eviction.

It can take a minimum of four to six weeks to go through an eviction procedure, from the date the tenant receives the Notice to Quit to the day the sheriff actually knocks on the tenant's door to physically evict. Here is how that time was calculated:

* Any time after the Seven Day Notice to Quit expires, the landlord can file for a court date. The date of the first court hearing will be from four to eight days after the landlord files. (seven days plus four days = 11 days)

* At the initial court appearance, the tenant may ask for a one to two week adjournment and a jury trial, as described above. (seven days)

* After an initial adjournment, the next court date will be for a pre-trial hearing, usually one to two weeks later. (seven days)

* The judge may hold the trial at the same time as the pre-trial, or set a new trial date for whenever there is room on the court schedule. (The tenant may settle a case with the landlord at any time.) (possibly seven days)

* If the judge eventually orders the tenant to move due to non-payment of rent, the tenant will still have ten days to either pay the rent (plus court costs) or move. (ten days)

* After that time, the court can issue a "Writ of Restitution" and the sheriff may come and physically remove the tenant and their property from the unit. The landlord cannot do this without a writ, and then only with a sheriff present.

TOTAL TIME: 42 days if the judge grants all the extensions and schedules the trial one week after the pre-trial.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created. You should always consult with a lawyer in your state
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