7 day to pay or quit question in MI. (sorry for the repeat post)

[Greg (MI)]

I think I may have started this post under the wrong section. Sorry!

Is there a certain time limit on when to file for eviction here in Michigan after I serve the 7 day to pay or quit?

I have a tenant that lost his job and is now 11 days late. I want to give him a chance to pay and try to avoid the courts at all cost for right now. I just wasn't sure if there was a time limit after the 7 day has been served. I won't be waiting for too long after the 9 days (2 allowed for mailing) that's for sure. Sorry for the repeat postings and a big thank you!

[ThreeRiversREI]

Presumably somebody will come along and kill one of these threads. In the meantime, here's my response from your first thread.

Just a quick question.....I thought I would remember all the details but I was wrong. I only filed for one eviction 3 years ago.

How long per Michigan Law can I wait AFTER I serve the 7 day pay or quit to file for eviction?

You see, I have a tenant that has unfortunately lost his job like pretty much everyone else here in Michigan. I want to be patient with him since he has been there almost three years. He SAYS he lost his job anyways. None of my business how I guess. I don't want to file right after the 7 days plus the two days I have to allow for mailing. I want to give him the benefit of the doubt since he said he would pay me with his 401 K or unemployment. I will not wait too much longer after the 9 days. I just wasn't sure if I HAD to file right after the 9 days. Thanks!

To the best of my knowledge, as long as you do not accept ANY rent after serving the notice, and do not refuse to accept payment in full, you can wait as long as you want. Potentially foolish to do so as you're not getting paid, but I believe you have that option.

One option you could use, if you can sit down with your tenant, is to get them to sign an agreement to pay. Basically that's a form wherein the tenant acknowledges their rent is delinquent and that they have been served the 7-day notice. The tenant further specifies a date they expect to be able to get the rent current and the source of funds they will be using to do so, granting the landlord the right to verify those funds are forthcoming. In exchange, the landlord agrees to delay the eviction process until that date. If the tenant doesn't pay by the date in question, the landlord can immediately proceed with the eviction without having to serve a new 7-day notice.

[Debbie]

Why the concern of deleting this thread?

Anyway, I'm a landlord but I'm not familiar with Michigan. However, we do have Magic Bullets Fambly member who is a landlord in Michigan. She's the expert.

I'll send her an email and respond to your question as quickly as possible.

Debbie

[Greg (MI)]

Debbie,

I was concerned about repeating myself under numerous postings. I didn't want to be a pest. If this Michigan Landlord is Nancy, I am familiar with her. She is a great asset and helped me out on my first eviction. Her book that I purchased did not mention if there was a time limit after the 7 day notice. I just want to make sure. I want to be nice to this tenant, but yet stern also. Thanks Debbie! (And everyone else)

[Nancy (MI)]

Hi Greg

As far as I know there is no limit. I have two eviction going right now where I filed on them on January 2nd and am giving them until February 1st to pay both January and February's rent. The only reason I'm doing this is because we have 13 vacancies and I'm trying all sorts of things to just get by.

As a rule...if times were what they use to be, these two dead beats would have been gone a long time ago.

Nice to see you again Greg!

Nancy

[Aldo]

I can't speak to Michigan law, but I doubt there would be a time limit for filing anywhere as long as it's reasonable. Waiting for payment until the end of January is likely okay, but I wouldn't delay beyond that.

Two related suggestions here:

1) Stall on filing if you wish, but only do it once. Your credibility is at stake here.

Many landlords use Quit or Pay notices as a scare tactic. If it works at all, it works once. If not enforced, the next time the tenants are served a Quit or Pay notice, they'll be laughing so hard that they'll miss when tossing it in the trash can. Further, contrary to common belief, tenants do talk to each other. An (un)scared tenant will surely share the experience with your other tenants to the extent that they know them.


2) You appear to have a soft spot for tenants. Lose it!

Landlording is a business. Period. On a larger scale, your lender is also a business as is your utility company. If you fell on hard times, do you really think your bank or utility would feel sorry for you and cut you some slack? Apply your answer to that question to your own situation.

Note that no disrespect is intended here - only solid advice from a 30-year landlord.

[ThreeRiversREI]

Note that no disrespect is intended here - only solid advice from a 30-year landlord.

What do you think of a Payment Pledge as suggested in Landlording by Leigh Robinson reproduced here without permission.

Payment Pledge

Dear Landlord/Landlady:

On or before __________________________________, I promise to pay you $__________ for rent and other charges now owing on the dwelling which I rent from you located at _______________________________________.

I expect to be receiving sufficient funds to pay you from the following sources:

Name Address Phone Amount Expected

________________________________________

________________________________________

________________________________________

Should you wish to, you have my authorization to verify these sources.

If I fail to honor this pledge, I understand that I will be evicted and that this pledge will be used against me as evidence of my bad faith in paying what I owe.

_____ I acknowledge receipt of a Notice to Pay Rent or Quit as required by law to begin eviction proceedings. I understand that the Notice may show a balance owed which is different from that given above because a Notice to Pay Rent or Quit can demand only delinquent rent. I also understand that the period mentioned in this Notice is being extended to the date given above, at which time I promise to pay you what I owe. If I fail to pay on or before that date, you have the right to continue the legal eviction procedure against me without having to serve me another Notice to Pay Rent or Quite. I have already been served. I am being given the extra time to pay only as a courtesy and only this once.

Signed ________________________

Dated ________________________

The idea being to reduce to writing all of the following points:
This is a one time accomodation
That the "more time" to pay has a specific end date
Gives the landlord the opportunity to call a tenant's bluff
If you have to follow through on an eviction, you tried in good faith to work with the tenant.

[Aldo]

Leigh Robinson is surely one of the best authors out there for landlords and he offers a wealth of info and a lot of great forms. I'm just not convinced that this is one of them. I say that because, if a tenant has signed a lease/rental agreement and ignores the requirement to pay rent, the tenant will probably ignore the Payment Pledge as well. Rather than cluttering your office with still another form, make a copy of the lease and highlight the payment requirements, then give it to the tenant.

One clear exception is unwritten/oral rental agreements. In that case, the Payment Pledge is absolutely essential since there is nothing else in writing.

Of your four points, #1 and #2 are very good. Then there's #3 and #4:
#3 - Bluffs generally don't work. Mom always asked me, "If there wasn't enough time/money to do something right the first time, why is there enough time/money to do it a second time?". Many deadbeat tenants know 'the system' better than most landlords and are often super-stars at bluffing their landlords with legit-sounding excuses. If you're going to bluff, be prepared to take swift and decisive action in case the tenant calls your bluff.
#4 - Eviction courts don't give diddly-squat about whether you tried to work with the tenant. Either they owe rent or they don't. If they owe, they're history unless there are other issues.

The bottom line is that you apparently don't want to evict and that's true for most landlords, but sometimes ya gotta do what ya gotta do. Just do it! Having a non-paying tenant in a unit is more expensive than having a vacant unit - utility consumption and additional damage (in revenge?) come to mind.

If you choose to use the Payment Pledge, please let us know if and how it worked for you.

[D.A.]

Far as I know, if Mi. is 7 days, Then within that 7 days you must accept payment. That was their chance to get right with you. After 7 days ( 3 days here in Fl) you can evict. If you accept money after the 7 days or 3 days, whatever, that stops the eviction. The courts will usually give them ample opportunity to pay & stay.

You may find landlord tenant statutes on your state website.
Good Luck