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

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Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.


An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.


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.

A Michigan Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document that outlines the process for eviction when a residential tenant remains in possession of the rental property after the lease term or rental agreement has expired. This complaint is typically filed by the landlord or property owner in order to regain possession of the property. Keywords: Michigan, complaint, unlawful detained, residential tenant, holding over, expiration of term, eviction, lease, rental agreement, possession, landlord, property owner. There are no different types of Michigan Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term. However, it's important to note that individual cases may have specific circumstances or nuances that can affect the filing process or the outcome of the complaint. It's advised to consult with a legal professional for case-specific advice and guidance.

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FAQ

In Michigan, a landlord cannot charge more than one and a half (12) times your monthly rent for a security deposit. So, for example, if you pay $500.00 a month in rent, the landlord cannot ask for more than $750.00 as a deposit.

(1) Within 45 days after termination of the occupancy and not thereafter the landlord may commence an action in a court of competent jurisdiction for a money judgment for damages which he has claimed or in lieu thereof return the balance of the security deposit held by him to the tenant or any amount mutually agreed ...

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.

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.

(1) Within 45 days after termination of the occupancy and not thereafter the landlord may commence an action in a court of competent jurisdiction for a money judgment for damages which he has claimed or in lieu thereof return the balance of the security deposit held by him to the tenant or any amount mutually agreed ...

If you do not start a court case or give the tenant their security deposit back within 45 days from the date the tenant moved out, they can sue you for double the amount of the security deposit if the tenant has taken the steps the security deposit law requires, such as providing a forwarding address (if you gave the ...

Michigan's civil statute of limitations allows: Three years for personal injuries. Up to six years for fraud, trespassing, collection of rent, contracts, and debt collection.

554.134 Termination of estate at will or by sufferance or tenancy from year to year. Sec. 34. (1) Except as provided otherwise in this section, an estate at will or by sufferance may be terminated by either party by giving 1 month's notice to the other party.

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If the tenant fails to properly fill out the checklist, or fails to return it, and a dispute over damages to the property occurs at the end of the lease, it ... Generally, a written lease provides that if a tenant holds over after the fixed term expires, the tenancy shall be considered a month-to-month tenancy. On the.(a) When a person holds over premises after failing or refusing to pay rent due under the lease or agreement by which the person holds the premises within 7 ... Forceful entry or peaceful try, but forceful stay or trespass;; Holding over after natural expiration of lease term;; Assault of a landlord;; Just cause for ... Oct 21, 2021 — Filing a suit requires the landlord, or their attorney, to draft a complaint informing the court of the facts of the case. Be in writing; · Be addressed to the tenant; · Describe the rental property (address is sufficient description); · Give reason(s) for eviction; · State the time for ... Aug 3, 2023 — Send a clear written notice; Fill out the forms; Serve the tenant; Attend the trial; Wait for judgment. Every eviction process is different and ... An in-depth discussion about rental housing law in an easy-to-read question-and-answer format;. •. Important timelines that outline the eviction process and ... Step #3: File a formal complaint. If a tenant doesn't move out after the notice has expired, the landlord can then move to court for further help with the ... Forceful entry or forceful stay or trespass;; Holding over after natural expiration of lease term;; Assault of a landlord;; Just cause for terminating tenant of ...

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