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  1. #1
    Join Date
    Apr 2008
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    7

    Default Does Every Item Need To Go Outside?

    My question involves an eviction in the state of: Michigan
    I know the basics of eviction including the "set out" of the tenants belongings but I would like to find the actual MI laws on the eviction process.
    When evicting a tenant (with an order or eviction or writ of restitution):
    Do I have to have a court officer there or can it be a police officer?
    Does every single item in the house need to be set outside?
    What do I do about live animals left behind?
    How long do we leave stuff outside before disposing of it?
    What can the officer charge for standing there while we carry the stuff outside? The only thing I found said actual & reasonable expenses incurred.

    I am fairly new to evictions but they are becoming more frequent & I need to know I'm doing things properly.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Does Every Item Need To Go Outside?

    Quote Quoting Minnow
    View Post
    Do I have to have a court officer there or can it be a police officer?
    MCL 600.5744: "(1) Subject to the time restrictions of this section, the court entering a judgment for possession in a summary proceeding shall issue a writ commanding the sheriff, or any other officer authorized to serve the process, to restore the plaintiff to, and put the plaintiff in, full possession of the premises."
    Quote Quoting Minnow
    Does every single item in the house need to be set outside?
    Um... you were thinking of keeping a few things? To evict the tenant, you move out all of the tenant's belongings.
    Quote Quoting Minnow
    What do I do about live animals left behind?
    Contact animal control.
    Quote Quoting Minnow
    How long do we leave stuff outside before disposing of it?
    Unless the tenant shows up quickly, scavengers will take everything of value. (That's not your problem, by the way - you don't have to post a guard on the items post-eviction.) So read this statute, MCL 600.2918, which appears to shield you from any claim over the property if you "Believed in good faith the tenant had abandoned the premises, and after diligent inquiry had reason to believe the tenant does not intend to return, and current rent is not paid." You can confirm with the lawyer that handles your eviction but if the tenant doesn't show up within a couple of days to collect the items at the curb, I would interpret that to mean you can dispose of it as trash. (Or what's left, because save possibly for larger items of furniture I expect that everything of value will have been scavenged.)
    Quote Quoting Minnow
    What can the officer charge for standing there while we carry the stuff outside? The only thing I found said actual & reasonable expenses incurred.
    And that's the most specific thing you're going to find.

  3. #3
    Join Date
    Apr 2008
    Posts
    7

    Default Re: Does Every Item Need To Go Outside?

    Wow, thank you for your prompt & thorough response.
    I wasn't thinking of keeping a few things LOL. Frankly, I don't think there is much of anything of any value in the residence and even if there was the stench of 3 cats, 1 dog, 3 kids and 2 irresponsible adults is enough to deter me from ANYTHING in that house! I was just thinking of time and money. Having the court officer there isn't cheap! So under the "reasonable" expenses he can basically charge whatever he wants?

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Does Every Item Need To Go Outside?

    You can ask about their fees in advance.

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