If you go to court regarding an eviction notice do you have to be out that day?

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If you go to court regarding an eviction notice do you have to be out that day?

We were served a 5 day quit on July 6th. We answered with the court and now have a hearing date on July 25th. Would they be likely to base our 30 day eviction from the day we received the Quit Notice or from the 25th court date, or will they probably give longer to vacate the premises. I am asking because I have 3 children and can’t just pick up and move in a days time.

Asked on July 12, 2011 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, you will have some time.  More than a day but you should look to move as soon as you can.  You did not say what the Notice to Quit was based upon.  Non payment of rent?  The Notice to Quit is the first step (required by law) a landlord must take to regain possession of rental property.  But if you do not leave then the landlord must start an eviction proceeding against you.  I am not sure what happened and what you "answered" in court.  But you have until the 25th at least to find a new place and then once you go to court and speak with the judge and tell you you need a reasonable amount of time to get out he may or may not give it to you.  Having children helps a bit.  Judges don't like to put kids out on the street.  Good luck to you.


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