Eviction question
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  1. #1
    Registered User mmy2grls's Avatar
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    Default Eviction question

    My friend is 3 weeks late on her rent, a month to month lease in Michigan. I told her to call the landlord to let him know what is going on but she dodges him when he stops by. She will have the late rent and new months rent paid a day before the rent is due for the coming month.

    She asked me if she can be evicted? Wouldn't you be served with a paper? I told her that I thought if she caught up her rent and paid her next months rent on time she may be okay and not be late anymore.

  2. #2
    Rude and Vile Master Greebo's Avatar
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    On a month to month lease, eviction is not necessary.

    The landlord simply notifies her in writing that he will not renew the lease and she has to vacate at its expiration at the end of the month.

    Then if she doesn't, she doesn't get evicted, she gets arrested for trespassing.
    If you could kick in the pants the person responsible for your problems, you wouldn't be able to sit for a month.

    Did you know that a 4 year student paying $20,000/year who finances their education graduates with over $103,000 in debt to start? But a student who works and pays cash and takes 6 years to graduate ends with $6,300 in their pocket! So much for "getting a head start by financing!"


    Greebo
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    I don't know what the law is, but there is no reason for her not to contact her landlord. If he is going to evict her, he will do it whether he talks to her or not. She has a much better chance of avoiding it if she explains her situation.

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    Registered User Gardengal18's Avatar
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    I don't know what the law is in your state, but in NY and PA the landlord would have to bring her to court (and yes they serve papers for that) even on a month to month if she didn't leave when he told her that her month to month was up. She would be considered a "holdover" at that point. If she has kids then the judge might give her 3 additional months (under stipulations of course i.e., she catch up with the late rent) But no they don't just toss people out on the street immediately or arrest them. Has she been late before or is this a 1st time incident?

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    Registered User Non-Conformist's Avatar
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    I used to live in Michigan. At my old apartment there were a few times when I saw eviction notices posted right on the door. I felt bad for those people because it's not like it was discrete, everyone could see it.

    I'd recommend having a conversation with the landlord. Ignoring a problem doesn't make it go away.

  6. #6
    Registered User mmy2grls's Avatar
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    I have no idea if she has been late before. I'll pass this info onto her.

  7. #7
    Rude and Vile Master Greebo's Avatar
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    I guess it varies by state. In MD, if I have a tenant on month to month, and I term the lease and they stay anyway, I can have em arrested.
    If you could kick in the pants the person responsible for your problems, you wouldn't be able to sit for a month.

    Did you know that a 4 year student paying $20,000/year who finances their education graduates with over $103,000 in debt to start? But a student who works and pays cash and takes 6 years to graduate ends with $6,300 in their pocket! So much for "getting a head start by financing!"


    Greebo
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    WARNING: Y Chromosome behind the keyboard. Adjust your listening filters appropriately!

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    Registered User phoeny_moonstar's Avatar
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    Here in IA atleast to my knowledge the tenant has to be served with an eviction notice. With a tenant who has a month-to-month lease they have to be given atleast a 3 day notice before eviction. If they are not out at that time they are then trespassing/loitering and can go to jail.

  9. #9
    Registered User mmy2grls's Avatar
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    Would it be safe to assume she would at least receive a notice from the landlord to vacate.

    She says she will be current before the new month starts.

  10. #10
    Rude and Vile Master Greebo's Avatar
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    Quote Originally Posted by mmy2grls View Post
    Would it be safe to assume she would at least receive a notice from the landlord to vacate.

    She says she will be current before the new month starts.
    Absolutely - with a Month-to-Month lease, the lease is considered to automatically renew *unless* notice is given by either party that it will not renew.
    If you could kick in the pants the person responsible for your problems, you wouldn't be able to sit for a month.

    Did you know that a 4 year student paying $20,000/year who finances their education graduates with over $103,000 in debt to start? But a student who works and pays cash and takes 6 years to graduate ends with $6,300 in their pocket! So much for "getting a head start by financing!"


    Greebo
    (Nerd Spender): Loving and extremely patiently tolerated husband of ceashels.
    WARNING: Y Chromosome behind the keyboard. Adjust your listening filters appropriately!

    Three
    Two mortgages, two one no car loans, one no credit cards, and a partridge in pear tree!

  11. #11
    Registered User Gardengal18's Avatar
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    Quote Originally Posted by Greebo View Post
    I guess it varies by state. In MD, if I have a tenant on month to month, and I term the lease and they stay anyway, I can have em arrested.

    That must cut down on a lot of "deadbeat tenants"

  12. #12
    Rude and Vile Master Greebo's Avatar
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    Quote Originally Posted by Gardengal18 View Post
    That must cut down on a lot of "deadbeat tenants"
    Only if they're on a m2m lease. If they're on a year lease, and don't pay, then its a longer process.
    If you could kick in the pants the person responsible for your problems, you wouldn't be able to sit for a month.

    Did you know that a 4 year student paying $20,000/year who finances their education graduates with over $103,000 in debt to start? But a student who works and pays cash and takes 6 years to graduate ends with $6,300 in their pocket! So much for "getting a head start by financing!"


    Greebo
    (Nerd Spender): Loving and extremely patiently tolerated husband of ceashels.
    WARNING: Y Chromosome behind the keyboard. Adjust your listening filters appropriately!

    Three
    Two mortgages, two one no car loans, one no credit cards, and a partridge in pear tree!

  13. #13
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    I'm not sure how it works from state to state but here a resident has until the 15th of the month to pay (although they can be hit with fees if not due on the first or when the LL specifys) on the 15th the LL can serve a notice of terminatin, one hand deliverd and one via postal service, the notice is usually a 14 day notice and if the person pays before that then they are cleared if not off to the lawyer they go for a court date. In court sometimes the person can pay LL in full and the judge will not uphold the termination. If the judge upholds it then a writ of possession is issued and that usually gives the tenant another week to leave and if after that time the judge fully issue the writ and a forcible entry and detainer and sherriff goes with the LL and forcibly if nessecary removes the resident and that LL can change the lock on the spot, put the persons stuff in storage and after storage fees are paid then they will release the resident's belonging.

    Now, if someone has more than one of these along with other violaitions the LL can seek a 30 day eviction based upon behavior and lease violations.

  14. #14
    Registered User rowdy35's Avatar
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    the law varies from state to state and from area to area. She should stop avoiding the landlord, give him a call and let him know when she is going to pay. Honesty is always that best policy. If she avoids him and he files an unlawful detainer action then legal fees will be incurred. I recommend that she stops dodging the landlord. If she doesn't have the guts to face him, are you willing to contact him for her and explain the situation? if not maybe there is a landlord assistance program/legal aid in your area. I know landlord tenant law but not in your state. You can research landlord/tenant law by googling it or go to this site:

    http://thelpa.com/

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