How long before I can evict someone who is in breach of the land contract? 9 Answers as of June 20, 2012

How long must I wait to evict someone who is breach of the land contract agreement they entered in with me?

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Law Offices of Ward F. McDonough, Jr. | Ward F. McDonough, Jr.
The terms of the contract will determine time frames for eviction and the Courts like to follow the rules of contract strictly. If the person has not paid rent, you must notify them of their failure to pay and the consequences of their non-payment. When they continue to not pay, you then must file a complaint in District Court for eviction for non-payment. Non-payment cases, unless you have other terms in the Contract, may be started after you do the above with a seven date notice. If you just want you property back (possession), you still have notice requirements and you must give the person thirty days notice. Check the Local Court Rules for all notice requirements because they do change and different rules apply based on the terms and conditions in the contract.
Answer Applies to: Michigan
Replied: 6/20/2012
Olson Law Firm | Edward M Olson
You cannot evict a vendee under a land contract. They own the land. You can, however, bring an action for foreclosure or forfeiture. Talk to an attorney as soon as possible. Either action can be filed right away.
Answer Applies to: Michigan
Replied: 6/19/2012
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Depends of the terms of the land contract and/or the law, have it reviewed for the correct answer.
Answer Applies to: Michigan
Replied: 6/18/2012
DOUGLAS A. TULL, P.C.
DOUGLAS A. TULL, P.C. | Douglas A. Tull
Generally, there are two remedies for a breach of a Land Contract - (1) Forfeiture and (2) Foreclosure. Neither is technically an "eviction". Those remedies that are available must be mentioned in the Land Contract itself, so any full answer to this question would require a review of the Land Contract. That said, upon a breach by the Purchaser, the Land Contract usually provides for the Seller to send a "Notice of Intent to Forfeit" the Land Contract to the Purchaser. This Notice typically provides for a 15 days to cure the breach or else warns that the Land Contract will be "Forfeited". If the breach is not cured by the Purchaser (usually involving payments), then the Seller must initiate an action in the local District Court where the property is located - to forfeit the Purchaser's interest in the Land Contract. In the Forfeiture Complaint filed with the court, the breach is specified, (usually a failure to make payment or pay taxes or provide proof of insurance). Upon filing, the court will issue a Notice of Hearing and set a hearing date which is usually 2-3 weeks from the date of filing. The court usually serves the Purchaser/Defendant. At the hearing, the Purchaser can present evidence that he/she is not in default - often, though, Purchasers just don't show up at the hearings, or if they do, they don't have a defense to non-payment. In that case, the court will enter a judgment of forfeiture and give the Purchaser 90 days to cure the default/pay the amount in default. If the Purchaser does not do so, then at the end of 90 days, the court will issue an order (which you have to prepare and present for entry), which directs the court officer to remove the Purchaser from the property and returns possession to you. At that point, you once again own both legal and equitable title to the property. It is like an eviction, but more involved, time wise. Forfeiture proceedings are sometimes called "summary proceedings" - as the remedy and possession can occur fairly quickly. Foreclosure is the other remedy for default generally available if it is provided for in the Land Contract. This remedy requires that a default continue for at least 45 days and requires the Seller to send out a Notice Acceleration of the Balance of the Land Contract to the Purchaser - at which point the Seller can initiate a proceeding in Circuit Court for the Foreclosure of the Land Contract. This is a regular civil action in the County Circuit Court where the property is located and is not a "summary proceeding" so it can take much longer to get to the point of foreclosure sale of the land and return to the Seller if there are no other bidders at the foreclosure sale. It is a much longer and more expensive process to go through. But it is more complete - in that the only way for the Purchaser to redeem from a Foreclosure Judgment issued in Circuit Court is to pay the entire amount of the Land Contract (assuming that is the amount bid in at the foreclosure sale) - and not just the payments that have been missed (as is what happens in a Forfeiture action). The redemption period from a Land Contract foreclosure action after the sale is typically 6 months for most residential properties. If the Seller bids at the foreclosure sale and the Purchaser does not redeem, THEN the Seller may have to initiate a Landlord Tenant action to evict the Purchaser if he/she has not already moved out.
Answer Applies to: Michigan
Replied: 6/18/2012
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
You should read the contract.
Answer Applies to: Michigan
Replied: 6/18/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    If they miss payments you can inform them of their default If they do not cure their default. within a specific period (that is usually set out in the land contract). you can "accellerate": the entire balance due.. and then you can forclose If you are forced to forclose and get an order of foreclosure.. they will have a right to redeem.. 3 months if they have paid less than 1/2 of the purchase price .. 6 months if hey have paid more than half.. after which you have to evict them. parts of this procedure should be in the Land Contract.. read it carefully..or contact an attorney.
    Answer Applies to: Michigan
    Replied: 6/18/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    You can evict someone who in in breach of a provision of the land contract the moment the breach occurs, but you must give them notice of the breach and file an action for land contract forieture in the couirt that has jurisdiction over the land in question.
    Answer Applies to: Michigan
    Replied: 6/18/2012
    Fidelity National Title Insurance Company
    Fidelity National Title Insurance Company | Andrew Capelli
    As the land contract seller, you cannot evict the land contract purchaser without first foreclosing on the land contract. You will need to do so in order to extinguish the purchaser's ownership interest in the property. Even if the purchaser only made one payment, he or she will still be considered to have an equitable interest. Land contract foreclosures must be filed in the district court in which the property is located. Once you have completed foreclosure, you can seek an eviction through the district court as well.
    Answer Applies to: Michigan
    Replied: 6/18/2012
    J.R. Durant & Associates, PC | James R. Durant
    First it depends upon the length of time the land contract provides for a default to be cured, if no extended provisions are in the contract you have to send out a notice of forfeiture which gives them 15 days to cure the default, and if they do not cure then you have to file your complaint in the district court in the county where the property is located.
    Answer Applies to: Michigan
    Replied: 6/18/2012
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