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I have been renting an apartment from a distant family member and his wife for 3 years. It is an apartment above his garage. I have never paid late, I am not loud, have good credit, etc. At first they welcomed me into their 'family' and told me I could do what I wanted in the yard as I love gardening. Well, over time, I came to find out that they were angry about things I did in the yard but never said anything directly. When they did start saying things they were very rude, disrespectful and petty. I didn't take to that very well and stopped communicating with them all together. I pay my rent and that is it. Well, a few months ago I get a letter in the mail stating they will not renew my lease, which ends 1/31, at which time I am to vacate the apartment.
Other than not liking me, they don't have a good reason to throw me and my 5 year old daughter out. I understand it doesn't matter. My question is: How long does it take to evict? I've heard as short at 45 days (we live in Michigan). If I move out after they've started to evict me does it still go to court? I have excellent credit and don't want to ruin it, yet if I manage to get a month of free rent it will help pay for my moving costs.
I am moving out of state next year, sometime between June and August. I really don't feel like moving everything twice in a year. If they would just let me stay until then, I would keep paying and go when the time came. But they are vindictive people and I know eviction will follow the end of lease date. Any advice? I really can't afford another apartment in the area I live (the one I have now is very reasonable), plus I can't sign a year lease.
You need to move when your lease expires; if you wait for an eviction you're going to make matters worse for you and your daughter.
It really doesn't what you want or don't want, they own the unit and want you out when the lease expires. You need to find a new home and you need to make sure you leave the unit clean as a whistle or you could end up losing your deposit or being sued for damages or cleaning.
You didn't answer my question. I want to know if the eviction still holds on your credit score if you move out before it goes to court?
They have no intention of giving me back my deposit, and the unit was a complete disgusting mess when I moved in. I have no intentions of cleaning it when I leave, and it will still be cleaner than when I moved in.
You haven't been evicted.
Your LL has notified you in writing that they expect you to move at lease end.
Start packing now and be gone by 1/31
Perhaps so. But whether they do or not... that comes afterward.
Yeah, I know the difference between the lease ending and being evicted. I'm asking how long an eviction takes because they WILL evict me once the lease ends. Please re-read what I wrote.
I don't want to be rude, but please don't reply unless you can answer the questions or give more than your personal opinion with not much reason why you're stating it. I know, it's the internet, but I still need help.
yes if they have to evict you because you did not leave after non renew of lease it shows on your credit report the amout of time it takes depends on what area you live in my are after you get the lawyer 4 days to a week for the court date and you to get served to go to court. and a judge will not care you not moving out of state till summer. you have been giving ample notice of non new. this is fact in my area not opinion.
Yeah, I know the difference between the lease ending and being evicted.
I'm asking how long an eviction takes...
That is a local question depending on how onerous the process is there...
and how easy it may be for an a-hole tenant to make things more difficult.
Study up:
Go to rent court. See what sorts of mistakes the unsuccessful LL's make.
Then, if/when your relative does similar, use that opportunity to exploit them.
You might be able to extend your relationship with them into next fall.
You didn't answer my question. I want to know if the eviction still holds on your credit score if you move out before it goes to court?
If they file eviction against you it won't necessarily show up on your credit rating but it will show up on a background check and a future landlord could well turn down your application based solely on that fact and regardless of the outcome. The best advice is not to get into that situation and further good advice is not to leave the place a mess but clean it properly.
When you say, "they have no intention of giving me back my deposit" I'm guessing that's an assumption. If you go to the first "sticky" on this page you'll find a link to your state landlord tenant laws and should read what's said about the return of the security deposit which is legally mandated.
Best you set aside your retaliatory stance and do the right thing for the sake of your daughter. Good luck.
The whole eviction can take anywhere from 2-6 weeks. If you leave before the court date, they can still sue you in small claims court for all back rent, late fees and court costs. This will trash your credit and make it nearly impossible to rent elsewhere. No other landlords will rent to you with an eviction judgment on your credit.
It's unlikely you will end up actually being evicted. What will happen is you'll have an unlawful detainer on your record, and you'll move before the actual eviction goes through. This is very common, so LL's running background checks generally treat the unlawful detainer as an eviction because it often amounts to the same thing. They can file for the unlawful detainer right away after your lease expires and you haven't moved out, so you need to move out on time.
I don't think you'll find anyone here who supports your plan to cheat the LL for a month of free rent. The LL complaining about your gardening doesn't make it okay to cheat them out of hundreds of dollars in rent.
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