How to Stop a Tenant Eviction in Michigan
- 1). Respond to the termination notice when you are served. The termination notice means the landlord is considering an eviction action against you; he must end the lease before he can proceed. Negotiate an arrangement with the landlord, if possible. Most termination notices have a cure clause which allows you to stop the eviction process and restore your lease, such as removing unauthorized roommates or paying back rent.
- 2). Move out before the termination notice period ends. If the landlord has a valid reason for termination and you don't think you can fix the problem before the notice period ends, you can move out before he files the eviction. Since he never went to a Michigan court for the eviction filing, it will not appear on your background check or credit report.
- 3). Send an answer to the court when you get the court summons. If you don't answer the summons, the court may rule against you with a default judgment. If you owe the back rent or the landlord is otherwise evicting you for a valid reason, you may wish to go to court to try to get an arrangement mediated or to request more time to vacate.
- 4). File for bankruptcy. This is a drastic step to take to stop an eviction, and it will only temporarily stop the proceedings. The bankruptcy's automatic stay affects an eviction trial, so the landlord has to go to bankruptcy court and file a petition to get the stay removed.
- 5). Cite procedural mistakes to attempt to get the eviction dismissed. If the landlord made a mistake while filing the eviction or serving you, the eviction can be dismissed. An eviction dismissal can also occur if the landlord attempts to physically evict you. The sheriff is the only person who can legally remove you from the premises.