Michigan Eviction Process

How to Evict a Tenant in Michigan

Step 1: Serve the Eviction Notice

Mich. Comp. Laws § 600.5714 lays out legal reasons for evictions in the state and the process landlords must follow. The first step in the eviction notice process is serving the tenant with the notice of eviction. The eviction notice should lay out several key details, including:

• The reason the landlord is pursuing the eviction
• Whether the tenant has the right to remedy the violation
• How long the tenant has to remedy the violation
• The amount of rent due, in cases of past due rent

Mich. Comp Laws § 600.5716 notes that the eviction notice should be submitted in writing and include the address of the property where the tenant resides. Furthermore, the notice must be submitted by first-class mail or electronic service if the landlord has given permission for those types of communications.

Once the notice has been served to the tenant, if the violation is one that state law allows the tenant to remedy, including lease violations or late rent, the tenant can fix the violation. If the tenant catches up on unpaid rent or fixes the lease violation, the landlord does not have any need to proceed with the eviction.

Step 2: File an Eviction Lawsuit with the Court

Once the notice period has expired, as determined by the type of eviction notice served to the tenant, the landlord should file an eviction lawsuit with the court in the county where the rental property is located. The landlord should fill out a Complaint to Recover Possession of Property that includes:

• Contact information for both the landlord and the tenant
• The reason the landlord is evicting the tenant
• Verification of the tenant’s current possession of the property and that the landlord has kept the property in good repair according to the habitability requirements of the local county
• Any evidence related to the eviction or the reason for the eviction

Furthermore, the complaint should include any further damages the landlord is pursuing, including any costs the landlord may have faced when pursuing the eviction or any damages the tenant has caused to the property.

Step 3: Court Summons

Once the court has processed the landlord’s complaint, the court will submit a summons to the tenant. The summons will notify the tenant of the complaint and pending eviction and instruct the tenant to appear in court on the court hearing date. According to Mich. Comp. Laws § 600.5735, the hearing will be between 3 and 10 days from the date the summons is issued. The tenant can submit a written response to the landlord’s complaint; however, the court does not require the submission of a written form. The tenant can simply choose to state their case in court.

Step 4: Court Appearance

On the day of the court hearing, the landlord and the tenant can present their cases. The landlord should bring a copy of the lease agreement and any evidence of the lease violation. Furthermore, the landlord should offer proof of the eviction notice and any communications they had with the tenant throughout the process. The tenant will also be able to present their case, including any evidence.

The judge will then rule on the judgment. If the court rules in the landlord’s favor, the court will issue a Writ of Restitution allowing the landlord to reclaim possession of the property. Most of the time, the writ is not issued until at least ten days after the judgment. However, the court may issue the Writ of Restitution immediately, as laid out in Mich. Comp. Law § 600.5744, if the tenant was guilty of trespassing or forcible entry into the home or the tenant is causing a severe health hazard.

The Writ of Restitution may be delayed if the tenant files an appeal or if, as stated in Mich. Comp. Law § 600.5744, the tenant catches up on any late rent payments before the date the writ was initially scheduled to be issued.

Step 5: Eviction

The Writ of Restitution allows the tenant seven days to move out of the property. If the tenant does not move out, the sheriff’s office will arrive to enforce the writ: first by posting a copy of the writ on the property with a final move-out date, then by arriving at the property to forcibly remove the tenant. Michigan law does not give the tenant a specific final notice period to move out.

Reasons for Eviction in Michigan

A landlord cannot simply evict a tenant because they feel like it or no longer want to deal with the tenant. Instead, the landlord must have a legal reason to do so.

At-Fault Evictions

Landlords can proceed with at-fault evictions when the tenant has violated the lease agreement. An at-fault eviction will generally note what the tenant has done and whether the tenant can remedy the violation. At-fault evictions include:

• Late rent/failure to pay rent
• Illegal activity related to the possession, delivery, or creation of controlled substances
• Causing significant damage to the property
• Causing or threatening physical injury to an individual on the landlord’s property
• Lease violations

1. 7-Day Notice to Quit for Late Rent

Overview

• Under Mich. Comp. Laws § 600.5714, a 7-day notice to quit for late or unpaid rent should be used when the tenant is behind on rent. Michigan law does not set a grace period for unpaid rent, so the landlord can file that notice as soon as the rent is late.
• This notice informs the tenant that they have seven days to pay the unpaid rent or leave the property.
• Michigan does not begin the 7-day notice period on weekends or holidays.

2. 24-Hour Notice to Quit for Illegal Activity Related to Controlled Substances

Overview

• Under Mich. Comp. Laws § 600.5714, a 24-hour notice to quit for illegal activity Related to controlled substances is used when a tenant manufactures, delivers, sells, or possesses controlled substances on the property.
• The 24-hour notice to quit terminates the lease 24 hours after delivery. The tenant does not have the potential to remedy this violation.
• Holidays and weekends do not stay the 24-hour notice period.
• To file this notice, a police report related to illegal substances must be filed.

3. 7-Day Notice to Quit for Property Damage

Overview

• Mich. Comp. Laws § 600.5714 notes that the 7-day notice to quit for property damage should be used when the tenant has caused significant physical damage to the property or has allowed a severe health hazard to continue to exist on the property.
• This notice gives the tenant seven days to leave the property following the delivery of the notice.
• The seven-day notice period does not begin on holidays and weekends.
• This notice can only be applied if the landlord discovers the damage 90 days or less before they seek to repossess the property.

4. 7-Day Notice to Quit for Physical Harm or Threat

Overview

• Mich. Comp. Laws § 600.5714 allows landlords to issue a 7-day notice to quit for physical harm or threat when a tenant causes or threatens harm to another party on the landlord’s premises.
• The 7-day notice to quit terminates the lease agreement and notifies the tenant that the landlord will proceed with the eviction process if the tenant has not vacated within seven days.
• The seven-day notice period does not start on holidays or weekends.
• To file an eviction notice for a physical threat or harm against another party, there must be a police report that shows that the violence or threat of violence occurred on the landlord’s property.

5. Seven-Day Notice to Quit for Lease Violation

Overview

• Mich. Comp. Laws § 600.5714 notes that if the tenant violates the lease agreement, the landlord has the right to use a 7-day notice to quit for lease violation to notify the tenant of the breach and give them a chance to fix it.
• The notice gives the tenant seven days to fix the lease violation or leave the property.
• Michigan’s seven-day notice period does not begin on weekends or holidays.

No-Fault Evictions

A no-fault eviction occurs when the landlord wants to remove the tenant from the property for a reason other than violating the lease agreement. Most often, this is because the tenant’s lease period has run out or the landlord intends to remove a month-to-month tenant from the property.

30-Day Notice to End Month-to-Month Rental Agreement

Overview

• A 30-day notice to end a month-to-month rental agreement is used when the landlord no longer wishes to continue the arrangement.
• The notice gives the tenant 30 days to move out of the property before the landlord moves forward with the eviction process.
• The 30-day period includes weekends and holidays.

Eviction Timeline

Tenant Rights in Michigan

Tenants in Michigan have specific rights that landlords must consider throughout eviction. Failure to follow those guidelines can result in significant consequences for the landlord.

Self-Help Evictions

A self-help eviction occurs when a landlord decides to try to remove a tenant from their property on their own without going through the proper legal process and channels. Common methods include:

• Turning off utilities to the property
• Changing the locks
• Threatening the tenant

Mich. Comp. Law § 600.2918 prohibits landlords from engaging in self-help evictions. Instead, landlords should go through the full legal process to evict a tenant.

Abandoned Property

Sometimes, when a tenant leaves a property following an eviction, they leave property behind. State law does not have specific statutes related to abandoned property, so landlords can dispose of that property as they see fit.

Resources

Court Forms for Landlords

• Complaint (DC 102c): The complaint form begins the legal eviction process.
• Summons (DC 104): The summons form notifies the tenant that they will have to go to court over the eviction process.
• Application and Order of Eviction (DC 107): The Application and Order of Eviction asks the sheriff’s office to enforce a tenant’s eviction.

Court Forms for Tenants

• Answer for Non-Payment of Rent (DC 111a): If the tenant has failed to pay rent and needs to go to court, this answer can be submitted to the court.
• Answer for Health/Hazard to Property (DC 111b): This answer defends a health hazard eviction.
• Answer to Complaint to Recover Possession of Property (DC 111c): If the tenant has received an eviction notice and wants to appeal, they should use this form.