Michigan Eviction Process

Guide to the Eviction Process in Michigan

Eviction in Michigan:

Michigan Eviction Laws

The basis of the Michigan Eviction Laws are found in the Michigan Landlord Tenant Act. If you are a landlord in Michigan, it is a good idea to familiarize yourself with these eviction laws.

Michigan Eviction Can Be Lengthy

The Michigan Eviction Process can take well over a month if it gets dragged out. The landlord’s hope is that the tenant will move out upon receiving the Notice to Quit. Otherwise, the landlord needs to go to court in order to evict the Tenant.  Tenants can view helpful pages when they are being evicted> Tenants Help Pages

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3 Reasons to Evict

A tenant in Michigan can be evicted for 3 reasons. The most common is non-payment of rent. The other two reasons are for creating a health hazard and to terminate the tenancy.

 

Michigan Eviction Notice – Notice to Quit

The eviction process in Michigan begins by serving your tenant with a Michigan Eviction Notice, formally called a “Notice to Quit.”The Notice to Quit tells the tenant that they have a certain number of days to correct the problem or move out. It warns them that if they do not comply, they will be sued for eviction. There are 3 different Notice to Quit forms used in Michigan:

• 7 Day Notice to Quit for Non-Payment of Rent This gives the tenant 7 days to pay the rent, move out, or else be sued for eviction. This is the most common Notice to Quit in Michigan.
• 7 Day Notice to Quit for Health Hazard This gives the tenant 7 days to vacate because they are creating a health hazard or causing damage to the property.
• 30 Day Notice to Quit for Termination of Tenancy This is used for lease violations (unauthorized pets, etc.), or to end a month-to-month lease

 

Summons and Complaint

After the landlord has delivered the Notice to Quit, and the tenant still has not complied with the demand or moved out, the landlord needs to go to court and file a Complaint for Eviction (an eviction lawsuit). The landlord needs to go to the clerks office at the District Court for the jurisdiction where the property sits. Most District Court Clerk’s Offices have Eviction Complaint forms that the landlord can simply fill out. Once filed, the Court will issue a “Summons” and deliver it to the tenant. The Summons will tell the tenant why the landlord is evicting, and when the eviction hearing will be held.

 

Hearing

The Court will tell the landlord and tenant the time and place of the eviction hearing. The landlord must be there in order to win the eviction case. At the hearing, the landlord should bring a copy of the Notice to Quit, the lease (if there is one), and any evidence or witnesses need to prove the case.

 

Judgment

If the court rules in favor of the landlord, the court will issue a Judgment. This will give the tenant a certain number of days to vacate the property, usually 10 days.

 

Writ of Restitution

If the tenant still has not vacated the property after the 10 days has expired, then the court will issue a “Writ of Restitution” which will direct the sheriff to physically remove the tenant from the property.

 

Eviction is the legal process of making a tenant move out of a rental home. In Michigan, the law allows for faster access to court and a quicker resolution in an eviction case than a lawsuit would usually take.

It’s illegal for a landlord to evict you without going to court and getting an eviction order first. Your landlord can’t do anything that prevents you from having access to your home without an eviction order. Your landlord must not:

• Use force or threaten to use force to make you leave or keep you out of your home
• Enter your home without your permission, unless it’s an emergency
• Remove, withhold, or destroy your property
• Change, alter, or add locks or security devices to the home without your permission
• Board up the premises to prevent entry or make it more difficult
• Cause an interruption or shut-off of water, electric, or gas service
• Cause loud noises, bad odors, or other nuisances
• Put your belongings out on the street

If your landlord does anything to remove you from your home or keep you out of your home by force without an eviction order, you can sue your landlord. If the court rules in your favor, you could be able to stay in the home and recover up to three times the amount of your actual damages or $200 per day, whichever is more. If your landlord gets an eviction order, only the sheriff or court bailiff can physically remove you and your belongings from the home.

If you moved into the home without permission or some other legal right to be there, the landlord can probably legally remove you and your belongings. The landlord does not have to go to court to do this. The landlord does not need to have the sheriff or a court officer remove you from the home. This only applies if you moved in without permission or by using force.

 

 

Reasons for Eviction

There are eight reasons your landlord can start eviction proceedings:

• You haven’t paid rent;
• You didn’t move when your lease ended;
• You violated a lease term that the lease says will lead to eviction;
• You caused extensive and continuing physical damage to the home;
• You created a serious and continuing health hazard in or to the home;
• You were involved in illegal drug activity on the property; or
• Your landlord believes there is “just cause” or “good cause” to evict you from a mobile home park or from federally subsidized housing.These types of evictions have special rules. See the Eviction from Subsidized Housing toolkit or the I’m Being Evicted From a Mobile Home Park toolkit to learn more.

 

Notice Requirements

You are probably entitled to notice before your landlord can evict you. There are two kinds of notice. Both kinds tell you why your landlord wants you to leave and how much time you have to act to avoid a lawsuit.

Your landlord must give you a demand for possession before starting an eviction for:

• Nonpayment of rent
• Illegal drug activity on the property
• Physical damage to the property or creating a health hazard
• Just cause for mobile home or subsidized housing tenants

Your landlord must give you a notice to quit before starting an eviction for:

• Violating a lease provision where the lease allows for termination
• There’s no written lease or it’s a month-to-month lease, and your landlord wants you to move

Your landlord might not be required to give you a notice to quit or demand for possession if you’re being evicted for staying after your lease ends.

If you forced your way into the home or kept it by force, you are not entitled to notice. This is sometimes called trespassing or squatting. If you are trespassing or squatting, you are not a tenant. The landlord does not have to go to court to evict you. The landlord can remove you from the property.

If a notice to quit or demand for possession is required, your landlord can serve it in one of three ways:

• By giving it to you in person, OR
• By leaving it at your home with a member of your family who is old enough and responsible enough to give it to you, with a request that it be given to you, OR
• By mailing it to you.

The notice must:

• Be in writing
• Be addressed to the tenant
• Describe the rental property, usually by giving the address
• Give the reason for the eviction
• State how much time the tenant has to fix the problem, if there is one
• Include the landlord’s address and the date of the notice

After getting a notice, you have a certain amount of time to fix the problem, pay rent or take some other action, or move out of the property. If you haven’t done what the landlord requires by the time the notice expires, your landlord can go to court and begin the process to evict you. The amount of time you have to act depends on the reason for the eviction.

 

 

 

Reason for Eviction	Time before Landlord can sue after serving notice or demand for possession
Tenant hasn’t paid rent	7 days
Tenant has injured the home	7 days
Tenant has created a health hazard	7 days
Illegal drug activity on the property	24 hours
Violating a lease provision	30 days
Forceful entry/forceful stay/trespass	No notice required
Tenant has stayed after lease ended	30 days notice is required if it’s been more than 30 days since the lease ended. Notice may not be required if it’s been less than 30 days.
Just cause for mobile home owners or subsidized housing	The time required varies. Read the article Mobile Home Evictions – Special Rules to learn more.
Tenant doesn’t have a written lease or it’s a month-to-month lease	One rental period

 

Read the Notice to Quit or Demand for Possession when you get it. If you want to continue living on the property, you may be able to take steps to fix the problem. If you and your landlord can resolve the problem, there may be no need for a court case.

For example, Larry Landlord gave Therese Tenant a demand for possession that said she owes $500 rent. He gives it to her on September 1st. Therese could:

• Pay the money by September 8th, and stay in the home
• Move out by September 8th, (Larry could still sue Therese for the amount of rent she owes)
• Talk to Larry to see if they can work something out by September 8th (maybe she doesn’t think she owes the amount of rent he says she owes)
• Do nothing and wait for Larry to sue (if she chooses to do this, Therese should also get ready for the court case)

If instead Larry gives Therese a notice to quit on May 1st because he thinks she’s gotten a dog when the lease specifically says no pets and the lease states violating it will lead to eviction, she can:

• Move out by June 1st
• Talk to Larry to see if they can work something out
• Wait for Larry to sue (if she chooses to do this, Therese should also get ready for a court case)

For information about eviction cases in court, read the article Going to Court in an Eviction Case.