QUESTION
What happens if I disobey the terms of an eviction conditional dismissal?
Asked on May 18th, 2022 on Landlord and Tenant Law - Michigan
More details to this question:
I entered into a conditional dismissal of an eviction on the residential property that I reside in, the conditions are that I vacate by June 1. It also states in the document that if I do not obey those terms, the plaintiff can ask the judge to reinstate the case, but would have to also serve me and give me 14 days to respond. It is not noted on the document that an immediate order for eviction would be issued, it is detailed that the plaintiff would have to ask to have the case reinstated, I would have to be served and given an opportunity to file my answer. Is this accurate? The place that I am going to be moving to is not available until June 15. I am basically trying to buy time until June 15.
1 ANSWER
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The case was either dismissed or it wasn't. If it was dismissed, they have to bring a whole new case. If it wasn't normal in-case service of process (sending pleading by mail or Michigan e-file system is acceptable to reinstate.
From a practical standpoint, it will probably take until the 15th to get the matter on the docket, for it to be heard and for the Order to issue (courts rarely give less than a week to move).
Consider calling up the landlord, explaining your situation and perhaps offering half a month's rent through the 15th. Saves you time and losing work going to court.
Good luck to you.
Answered on May 19th, 2022 at 11:02 AM