Michigan Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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Multi-State
Control #:
US-03329BG
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Tenant Rights to Withhold Rent in Michigan Tenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater.

Step by Step ? Landlord/Tenant Non-Payment of Rent Eviction Step 1 ? Send Demand for Possession (Notice to Quit for Non Payment of Rent) to Tenant. ... Step 2 ? Send Documents to your Attorney; at a minimum your attorney needs: ... Step 3 ? File a Complaint for Non-Payment of Rent. ... Step 4 ? Obtain a Judgment. ... Step 5 ? Wait.

As long as the tenant does not violate any rules, they can stay until their rental period ends. But if they stay in the property even a day after their lease/rental agreement ends and have not arranged for renewal, landlords can issue a written 30-Day Notice to Quit.

You have the right to live in a home that is in good, habitable condition. This means both your home and the premises, such as a yard, should be safe and in good repair. Your landlord must also keep any common areas in good enough shape for their normal use.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

Holdover Tenants A holdover tenant is someone who stays in the home after a lease ends. If rent is paid monthly, the landlord must give the tenant one month's notice to terminate the tenancy before filing a court case. A holdover tenant is not a trespasser.

In Michigan, there are no statutes regarding late fee maximums, grace periods, nor notices involving rent increase. Rent is due as stated in the lease. Landlords are allowed to accept rent payments of any form.

As a tenant, you have the right to pursue legal action if the landlord acts in bad faith or becomes involved in illegal acts. You also have the right to pursue legal action if the landlord discriminates against you through eviction or other means.

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Michigan Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term