If I am able to move out before an eviction hearing, do I need to go to still gosince I am planning on making payments to pay off the back rent?

I have been issued an eviction notice for a hearing to evict me from my apartment. What happens if I am to be able to move out now before court?

Asked on October 13, 2011 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Technically, eviction hearings only determine possession; so if you are moved out anyway before the trial date, the worst that should happen is that you will lose the eviction proceeding by default and the landlord will have possession of the apartment--which he'll have anyway. Therefore, as long as there are no other issues involved--e.g. you're not alleging the apartment was uninhabitable; there's no money on deposit with the court; etc.--and you are definitely out by that date, you should be able to skip the court date; you might however call both the other side and the court to indicate that you have moved out, and possibly send both a letter to that effect, just to create a record.

Whether you move out ahead of time or not will not affect what you owe for unpaid rent.


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