If you are one of many people who now rents rather than owns your home (or apartment or condo), you are no stranger to a stringent lease agreement. Renters can sometimes feel that their landlord has all the power in these relationships due to the contents and language of a lease agreement. Additionally, in most agreements you will find a clause relating to violations of the lease and action that may be taken. Generally, this means eviction.

So, your landlord says they’re evicting you, what now?

For your landlord to evict you, they must file a summons and a complaint in the local district court listing the reasons for the eviction. As a tenant you can then file an answer to the complaint denying the reasons given for eviction or giving other reasons not to be evicted. Under Michigan law, there are many valid defenses to an eviction.

Some possible defenses that are more common are if the landlord themselves violates the lease by not making repairs or failing to maintain general care of the home. If you are being evicted for nonpayment of rent this can be a valid first defense. Other defenses include: (1) if you’ve paid for major repairs yourself and deducted those from rent; (2) if you’ve been holding a portion of your rent in escrow amid other disputes with your landlord; (3) if your landlord has been preventing your access to the home; or (3) if the landlord failed to properly notify you of the eviction.

Evictions are very complex legal proceedings that can be very difficult to navigate on your own. At Fausone & Grysko, PLC, we have years of experience assisting in landlord – tenant proceedings. Attorney Denise Medina can help you navigate these difficult circumstances, just reach out to her online or by phone at (248)380-0000.