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

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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.

Keywords: Michigan, complaint, unlawful detained, tenant, holding over, expiration of term. The Michigan Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term is a legal document used in the state of Michigan to address situations where a tenant remains in possession of a property after the expiration of their lease or rental term, without the landlord's consent. This complaint is filed by the landlord seeking a court order for the removal of the tenant and recovery of possession of the property. There are two main types of Michigan Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term, depending on the specific circumstances: 1. Residential Unlawful Detained: This type of complaint is used when the property in question is a residential dwelling, such as a house, apartment, or condo. It applies to situations where a tenant refuses to vacate the premises after their lease or rental term has concluded and the landlord has properly terminated the tenancy. 2. Commercial Unlawful Detained: This type of complaint is specifically for commercial properties, such as storefronts, offices, or industrial spaces. Similar to residential unlawful detainees, it is used when a tenant remains in possession of the property beyond the expiration of their lease or rental term without the landlord's consent. The Michigan Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term typically includes the following information: 1. Parties Involved: This section identifies the landlord (plaintiff) and the tenant (defendant) involved in the dispute. 2. Property Description: It provides a detailed description of the property being rented, including its address, unit number (if applicable), and any other relevant details. 3. Lease/Rental Details: This section outlines the terms of the lease or rental agreement, including the start and end dates of the tenancy, rent amount, and any other relevant terms and conditions. 4. Notice of Termination: It includes information about how and when the landlord provided the tenant with a notice to vacate the premises after the expiration of the lease or rental term. 5. Holding Over: This section explains that the tenant has failed to vacate the property despite the expiration of the lease or rental term and the termination notice provided by the landlord. 6. Relief Requested: The complaint concludes with the specific relief the landlord is seeking, which typically includes possession of the property, unpaid rent, damages (if applicable), and any other relevant legal remedies. It is important to note that laws regarding unlawful detained and eviction processes may vary from state to state. If you are dealing with a similar situation in Michigan, it is advisable to consult with a qualified attorney or legal professional for accurate advice and guidance specific to your case.

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How to fill out Michigan Complaint For Unlawful Detainer - Tenant Holding Over After Expiration Of Term?

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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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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 plaintiff has a right to possession of the property because: a. lease expired on . b. tenancy was terminated by notice to quit. c. lease terminated per ... (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 ... Holding over after natural expiration of lease term;; Assault of a landlord ... The first step in starting the eviction process is to serve the tenant with a ... 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 ... Oct 21, 2021 — If the tenant does not vacate the property after the expiration of the notice period, the next step is to file a lawsuit in court for unlawful ... Be in writing;; Be addressed to the tenant;; Describe the rental property (address is sufficient description);; Give reason(s) for eviction;; State 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 ... 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 ...

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