How can I remove a tenant that cannot be served the detainer warrant for eviction?

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How can I remove a tenant that cannot be served the detainer warrant for eviction?

I have a tenant who has breached the lease agreement and has not paid rent in 3 months. I have sent notices and have filed the eviction paperwork with the county court system. It has been 4 weeks since I filed the eviction summons. However, the problem is the county sheriff’s office cannot serve the tenant with the detainer warrant for eviction. When the sheriff or I go to the house she will not answer the door when it is rang. Today I put a notice on the house that I will be coming into the house the next day and I rand the door bell. I could hear children running around but no one answered the door. I rang three times. She will not respond to any of my communications. She has not abandoned the property. What can I do to remove this tenant from the house I rent?

Asked on March 5, 2012 under Real Estate Law, Tennessee

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

State law varies on how eviction notices must be served, but in Michigan a tenant can be personally served by proof that the sheriff or court bailiff left a notice of the summons at the home of the tenant. Sometimes the court will allow service of process vis first class mail. My advice is to contact an attorney in your area who can assist you in finding a process server or alternative ways to serve this tenant with proper notice.


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