• 1. Evictions
  • 2. FAQ
Expand All | Collapse All
  • 1. Can I send eviction notice by email?
     

    FINALLY, the answer in Michigan is YES!  There are some fine print details however.  Here is what the new law says in pertinent part:

    (d) Subject to subsection (2), by electronic service, if the person in possession has in writing specifically consented to electronic service of the demand and if the consent or confirmation of the consent has been sent by 1 party and affirmatively replied to, by electronic transmission, by the other party.

    Translation:  you need a clause in your lease where the tenant acknowledges that they will accept email service and what their email address is.  You can also do this with a lease addendum.  The tricky part is that the email must be "affirmatively replied to" by the Tenant.  Hmmmm.......

    More
    Was this answer helpful ? Yes(0) / No(0)
    Viewed 985 Times 2 Comments
  • 2. Once I have a non payment of rent judgment, can I accept partial payment on the judgment?
     

    If your judgment allows partial payment (generally this is the default setting) you can accept any amount and still get an Order of Eviction ("writ") if the full balance is not paid.  However, if a tenant pays most of the judgment (75 - 95%) some judges will not allow the writ. You must indicate how much you have accepted when you file for the writ. If you do accept partial payment, you should make it clear to the tenant that you are not extending the time frame and that you will get the writ if they do not pay in full. You should do this in writing. Be careful, you cannot add any new amounts to the judgment, like the new month of rent.

    More
    Was this answer helpful ? Yes(0) / No(0)
    Viewed 415 Times 3 Comments
  • 3. Where is my order of eviction (aka writ) ?!?
     

    This is one of the all time most popular questions at Piper Legal:  "I've requested the writ through the online system, where is it?"  The writ (aka "order of eviction") can be in many different places.  It helps to understand how the writ process works.  Once the time is up on a judgment and the landlord requests the writ from Piper Legal, our office prepares the document, an attorney reviews it and signs it, the filing fee for the court is generated and the Application for Order of Eviction and check is filed at the court.  That is the fast part.

    At court the writ is processed by the Clerk, the fee check processed, ........... tick, tock  ................ the file pulled, ......tick.........the file and writ delivered to the Judge's desk........tock...........Judge signs writ, file returned to clerk........tick........clerk issues the writ and delivers it to the deputy sheriff.........tock............deputy sheriff drives around with it .......tick ......... writ is then posted on the property.

    Depending on the court this process can take anywhere from 1 to 14 days.  Yes, 14 days.    You do have one protection, under Michigan Court Rule 4.201 (L)(2) "the order of eviction shall be delivered to the person serving the order for service within 7 days after the order is filed."

    More
    Was this answer helpful ? Yes(1) / No(0)
    Viewed 375 Times
  • 1. Can I send eviction notice by email?
     

    FINALLY, the answer in Michigan is YES!  There are some fine print details however.  Here is what the new law says in pertinent part:

    (d) Subject to subsection (2), by electronic service, if the person in possession has in writing specifically consented to electronic service of the demand and if the consent or confirmation of the consent has been sent by 1 party and affirmatively replied to, by electronic transmission, by the other party.

    Translation:  you need a clause in your lease where the tenant acknowledges that they will accept email service and what their email address is.  You can also do this with a lease addendum.  The tricky part is that the email must be "affirmatively replied to" by the Tenant.  Hmmmm.......

    More
    Was this answer helpful ? Yes(0) / No(0)
    Viewed 985 Times 2 Comments
  • 2. Once I have a non payment of rent judgment, can I accept partial payment on the judgment?
     

    If your judgment allows partial payment (generally this is the default setting) you can accept any amount and still get an Order of Eviction ("writ") if the full balance is not paid.  However, if a tenant pays most of the judgment (75 - 95%) some judges will not allow the writ. You must indicate how much you have accepted when you file for the writ. If you do accept partial payment, you should make it clear to the tenant that you are not extending the time frame and that you will get the writ if they do not pay in full. You should do this in writing. Be careful, you cannot add any new amounts to the judgment, like the new month of rent.

    More
    Was this answer helpful ? Yes(0) / No(0)
    Viewed 415 Times 3 Comments