Legal Question in Real Estate Law in Michigan

Writ of Restitution

I am a landlord in the process of evicticting a tenant who is over $6000.00 behind in rent. In court the judge decided that the tenant would not have to pay the back rent, and that she would have 21 days to get out. The tenanant was to be out on the 13th of june. The writ was to be filed on the 14th by judgement. My lawyer tells me it could be another week or two before the tenant is evicted. My lawyers secretary told the tenant that she could stay without asking me first. I feel I have been miss represented. Can someone please help me.


Asked on 6/15/99, 3:09 pm

1 Answer from Attorneys
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: Writ of Restitution

It is difficult to determine from the inquiry why the tenant cannot be evicted ten (10) days after the judgement of possession was issued by the court. If the tenant has appealled the court's decision, however, that could affect (and delay) the issuance of a writ of restitution.

Also unclear is the reason that the court did not enter a money judgment against the defendant. It is possible that the Complaint did not ask that the court enter a money judgment. The Complaint might have requested only that a judgment of possession be issued. Sometimes it is advantageous to request money damages after the landlord obtains possession, so that the damages Complaint can include a claim against the security deposit for damage to the premises.

If your attorney does not respond to your questions, then you should consult another attorney. Please feel free to contact me at (248) 489-8600, if you would like to discuss this matter further.

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Answered on 6/30/99, 9:39 am


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