Can tenants be police escorted out of their residence if their 7-Day eviction notice has ended?
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Can tenants be police escorted out of their residence if their 7-Day eviction notice has ended?
I am a landlord of two tenants in Mancelona, MI Antrim County. We share the
residence – I live upstairs on the main floor, and the tenants live downstairs.
After having some difficulties with these tenants destruction of property,
marijuana use, and then failure to pay rent, I filed a 7-day eviction notice
Feb. 7th. Now that the 7 day eviction is over, if they refuse to leave, can I
call for a police officer to escort them out? They are very verbally abusive, and
have threatened me before. At this point, I’m afraid to be in my own home. I’ve
called the local courthouse many times to ask this question, but they give me a
different answer each time I call. Please help
Thank you.
Asked on February 15, 2019 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, they will not be removed this way--the police will not help you do this. That is because you are missing an important step: the eviction lawsuit. If the tenants don't leave when they are supposed to, the landlord must then file a summons and complaint in county court for a summary proceeding (an expedited court hearing--you typically get a hearing date in around 2 weeks, give or take). After filing the case, you have to serve (deliver, in the appropriate way) the documents on the tenant, so they have notice of the court date. On the court date, you and the tenant should both appear; if they don't, you win automatically (by default). If they do appear and you and they can't work it out voluntarily (such as with an agreement for them to move out), you'll go befor a judge who will decide if the tenant must go. If the judge rules in your favor, you will get a judgment (court determination) that you will get the unit back and the tenant leave. That judgment can used to get laws enforcement to help remove them--but without a court judgment or order in your favor, law enforcement will not help.
So you next step is to file the case and serve the tenants. You should be able to get instructions and sample or template forms from the court itself (either in person or online).
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