How much time must a tenant be given to vacate a rental?

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How much time must a tenant be given to vacate a rental?

Writ of restitution given to my son by the landlord’s friend on Friday. Tuesday of following week, the landlord came to remove items from house. Legal?

Asked on May 24, 2011 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So let's step back a moment.  You son was served with a seven day notice to vacate, then a summons and complaint for eviction.  After that he would have had to appear in court and the court would have rendered a judgement.  A Writ of Restitution is only issued after a judgement is handed down in favor of the landlord.  In fact it is done on the 11th day after the judgement is entered in to the court system.  As for service, it can only be served by the Sheriff.  So you have an issue there.  And since service was not proper entry was not proper.  I think that it may be time for legal help here.  Good luck.


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