Steps of the eviction process in Michigan:
- Landlord serves notice to the tenant.
- Landlord files lawsuit with court.
- Court holds hearing & issues judgment.
- Writ of restitution is issued.
- Property is returned to landlord.
Evicting a tenant in Michigan can take around two weeks to two months, depending on the reason for the eviction. If tenants file an appeal, the process can take longer.
Grounds for an Eviction in Michigan
In Michigan, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or material health/safety codes, and illegal activity. Even so, proper notice must first be given before ending the tenancy.
Grounds | Notice Period | Curable? |
---|---|---|
Nonpayment of Rent | 7 Days | No |
End of / No Lease | 30 Days | No |
Lease Violation | 30 Days | No |
Material Health/Safety Violation | 7 Days | No |
Illegal Activity | 24 Hours or 7 Days | No |
Eviction for Nonpayment of Rent
In Michigan, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 7 days’ notice to vacate the premises. Landlords are not required to give the tenant a chance to fix the issue.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Michigan the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days) or exceptions for weekends or court-observed holidays.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In Michigan, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days‘ notice for tenants that pay month-to-month).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease or Responsibilities
In Michigan, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Michigan landlord-tenant law. To do so, the landlord must give 30 days’ notice to vacate before proceeding with an eviction lawsuit. Landlords are not required to give tenants a chance to fix the issue.
Tenant responsibilities include:
- Keeping the unit safe and in a habitable condition.
- Keeping the unit clean and sanitary.
- Making small repairs and maintenance.
- Not disturbing other tenants or neighbors.
Examples of lease violations include:
- Parking in an unauthorized area.
- Having too many people reside in the rental unit.
- Having a pet when there is a no-pet policy.
If the tenant remains on the property after the notice period expires, the landlord can move forward and file an eviction lawsuit.
Eviction for Material Health and Safety Violations
In Michigan, a landlord can evict a tenant for violating a material health or safety code. If a tenant causes a serious health hazard or damages the rental unit, the landlord must give 7 days’ notice to vacate before proceeding with an eviction lawsuit. Landlords are not required to give tenants a chance to fix the issue.
Examples of material health or safety violations include:
- Letting trash pile up inside the rental unit
- Providing a harbor for rodents or bugs.
- Damaging the electrical wiring in the rental unit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction for Illegal Activity
In Michigan, a landlord can evict a tenant for illegal activity. For tenants who have threatened or have caused physical injury to others on the rental property, landlords must provide 7 days’ notice to vacate prior to beginning the eviction action. For tenants who are involved in illegal drug activity, landlords are required to provide 24 hours’ notice to vacate prior to beginning the eviction process. Landlords are not required to give tenants a chance to fix the issue.
Illegal drug activity includes:
- Possessing a controlled substance.
- Manufacturing a controlled substance.
- Delivering or possessing with intent to deliver a controlled substance.
Regardless of the type of illegal activity, a formal police report must be filed. If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Illegal Evictions in Michigan
In Michigan, any of the below is illegal. If found liable, the landlord could be required to pay the tenant $200 or up to three times the amount of the actual damages sustained, whichever is greater.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining or reporting a habitability issue to the landlord or any authority tasked to enforce the law.
- Filing a complaint to a government authority.
- Joining a tenant’s union or organization.

Step 1: Landlord Files Lawsuit with Court
A landlord can begin the eviction process in Michigan by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Delivering the notice in person.
- Delivering the notice to a member of the tenant’s household who is of suitable age.
- Mailing a copy of the notice via first-class mail.
- Sending a copy via electronic service if the tenant has agreed to the delivery method. The tenant’s consent to electronic service must be in writing.
If the notice is delivered in person, the notice period begins the next day. If the notice was mailed, the notice period begins the next mail delivery day (excluding Sundays and holidays).
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
7-Day Notice to Quit
If a tenant is late on paying rent (full or partial), caused a material health/safety violation, or threatened/caused physical injury to others on the rental property, the landlord can serve them a 7-Day Notice to Quit. This notice gives the tenant 7 calendar days to vacate the premises without the chance to fix the issue.
30-Day Notice to Quit
If a tenant is involved with a lease violation, the landlord can serve them a 30-Day Notice to Quit. This notice gives the tenant 30 days to vacate the premises without the chance to fix the issue.
For a tenant with no lease or a month-to-month lease in Michigan, the landlord must serve them a 30-Day Notice to Quit end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
Rent Payment Frequency | Notice Amount |
---|---|
Week-to-Week | 7 Days |
Month-to-Month | 30 Days |
24-Hour Notice to Quit
If a tenant is involved with illegal drug activity, the landlord can serve them a 24-Hour Notice to Quit. This notice gives the tenant 24 hours to vacate the premises without the chance to fix the issue.

Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Michigan landlords must file a complaint in the appropriate court. In the state of Michigan, this costs $45 in filing fees.
If a money judgment is requested (such as past-due rent or money to pay for damages to the rental unit), an additional filing fee of $25-$150 will be added, depending on the amount of money the landlord is requesting from the tenant.
The summons, complaint, a copy of the original notice and lease must be served on the tenant by an officer or anyone authorized by the court to serve process, at least three days prior to the hearing via first class mail and at least one of the following methods:
- Giving a copy to the tenant in person;
- Sending a copy via first-class mail with a certified or return receipt;
- Leaving a copy with the tenant’s family member that is of suitable age and requesting that it be delivered to the tenant; or
- Posting a copy on the main entrance of the tenant’s rental unit.

Step 3: Court Holds Hearing & Issues Judgment
The eviction hearing will be held within 10 days of the date the summons was issued by the court, unless the local court has opted to hear the case within five days of the date the summons was served on the tenant.
Tenants are not required to file a formal, written answer with the court to attend the hearing and object to the eviction; however, they can choose to do so if they wish.
If the tenant fails to appear for the hearing, the judge may issue a default judgment in favor of the landlord. The judge could also choose to postpone the hearing for seven days if either the tenant or the landlord fails to appear.
Either the landlord or tenant may file an appeal, but this will add more time to the process.
If the judge rules in favor of the landlord, a writ of restitution will be issued, and the eviction process will continue.

Step 4: Writ of Restitution Is Issued
The writ of restitution is the tenant’s final notice to leave the rental unit, and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant.
If the court has ruled in the landlord’s favor, the writ of restitution will be issued 10 days after the date the judgment for the landlord is issued, which gives the tenant time to file an appeal.
For evictions due to illegal drug activity or material health or safety violations, the writ may be issued immediately.
For evictions due to nonpayment of rent, if the tenant pays all past-due rent in full (along with any other costs the judge may order), the writ will not be issued and the eviction will be stopped.

Step 5: Possession of Property is Returned
Law enforcement officials must be given the writ of restitution within seven days of the date it was issued by the court.
Michigan state law doesn’t specify how quickly law enforcement officers must execute the writ once they have received it. It may depend, in part, on how many other evictions are already scheduled.
Landlords and tenants should check with the county or city in which the rental unit is located to determine if there are local guidelines on how quickly the writ must be executed once it’s received by law enforcement officials.
Michigan Eviction Process Timeline
In Michigan, an eviction can be completed in 2 weeks to 2 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Michigan eviction process outside the control of landlords for cases that go uncontested.
Step | Estimated Time |
---|---|
Initial Notice Period | 1-30 Calendar Days |
Court Issuing/Serving Summons | ~3 Business Days |
Court Ruling | 5-10 Business Days |
Court Serving Writ of Restitution | ~7 Business Days |
Final Notice Period | ~7 Calendar Days |
Flowchart of Michigan Eviction Process
For additional questions about the eviction process in Michigan, please refer to the official legislation, Michigan Compiled Laws §5701-5759, and the Michigan Rules of Civil Procedure, Rules 2.105 and 4.201, for more information.
Sources
- 1 MI Comp L §554.134 (2020)
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(2) If a tenant neglects or refuses to pay rent on a lease at will or otherwise, the landlord may terminate the tenancy by giving the tenant a written 7-day notice to quit.
- 2 MI Comp L §554.134 (2020)
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(1) Except as provided otherwise in this section, an estate at will or by sufferance may be terminated by either party by giving 1 month’s notice to the other party.
- 3 MI Comp L §600.5714 (2020)
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(c) When a person holds over premises in 1 or more of the following circumstances:
(i) After termination of the lease, pursuant to a power to terminate provided in the lease or implied by law.
(ii) After the term for which the premises are demised to the person or to the person under whom he or she holds.
(iii) After the termination of the person’s estate by a notice to quit as provided by section 34 of 1846 RS 66, MCL 554.134. - 4 MI Comp L §600.5714 (2020)
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(1)(d) When the person in possession willfully or negligently causes a serious and continuing health hazard to exist on the premises, or causes extensive and continuing physical injury to the premises…and when the person in possession neglects or refuses for 7 days after service of a demand for possession of the premises to deliver up possession of the premises or to substantially restore or repair the premises.
- 5 MI Comp L §600.5714 (2020)
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(1)(e) When a person holds over…7 days following service of a written notice to quit for termination of the lease after the tenant, a member of the tenant’s household, or a person under the tenant’s control, on real property owned or operated by the tenant’s landlord, has caused or threatened physical injury to an individual. This subdivision applies only if the police department with jurisdiction has been notified…
- 6 MI Comp L §600.5714 (2020)
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(1)(b) …24 hours following service of a written demand for possession for termination…because a tenant, a member of the tenant’s household, or other person under the tenant’s control has unlawfully manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises. This subdivision applies only if a formal police report has been filed…
- 7 MI Comp L §600.2918 (2020)
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(1) Any person who is ejected or put out of any lands or tenements in a forcible and unlawful manner, or being out is afterwards held and kept out, by force, is entitled to recover 3 times the amount of his or her actual damages or $200.00, whichever is greater, in addition to recovering possession.
- 8 MI Comp L §600.5720 (2020)
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A judgment for possession of the premises for an alleged termination of tenancy shall not be entered against a defendant if 1 or more of the following is established:
(a) That the alleged termination was intended primarily as a penalty for the defendant’s attempt to secure or enforce rights under the lease or agreement or under the laws of the state, of a governmental subdivision of this state, or of the United States.
(b) That the alleged termination was intended primarily as a penalty for the defendant’s complaint to a governmental authority with a report of plaintiff’s violation of a health or safety code or ordinance.
(c) That the alleged termination was intended primarily as retribution for a lawful act arising out of the tenancy, including membership in a tenant organization and a lawful activity of a tenant organization arising out of the tenancy… - 9 MI Comp L §600.5756 (2020)
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(1) If the complaint is for the recovery of possession of premises only, the fee for filing a proceeding under this chapter is $45.00.
- 10 MI Comp L §600.5735 (2020)
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(1) The court in which a summary proceeding is commenced shall issue a summons, which may be served on the defendant by any officer or person authorized to serve process of the court…
- 11 MI Comp L §600.5735 (2020)
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(2) A summons issued under this section shall command the defendant to appear for trial as follows: (b) Within 10 days of the issuance date of the summons in all other proceedings, in which event the summons shall be served not less than 3 days before the date set for trial.
- 12 MI Rules of Civil Procedure, Rule 4.201 (2020)
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(D) A copy of the summons and complaint and all attachments must be served on the defendant by mail.
- 13 MI Rules of Civil Procedure, Rule 4.201 (2020)
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(D) …In addition to mailing… (1) By a method provided in MCR 2.105; (2) By delivering…to a member of the defendant’s household who is (a) of suitable age, (b) informed of the contents, and (c) asked to deliver the documents to the defendant; or (3) After diligent attempts at personal service have been made, by securely attaching the documents to the main entrance of the tenant’s dwelling unit…
- 14 MI Comp L §600.5735 (2020)
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(4) Instead of the provisions of subsection (2), a court by local rule may provide for the application of this subsection to summary proceedings commenced in the court, in which event the summons shall command the defendant to appear as follows:(b) Within 5 days after service of the summons upon the defendant in all other proceedings.
- 15 MI Rules of Civil Procedure, Rule 4.201 (2020)
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(F)(4)(c) If a party fails to appear, the court may adjourn the hearing for up to 7 days. If the hearing is adjourned, the court must mail notice of the new date to the party who failed to appear.
- 16 MI Comp L §600.5744 (2020)
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(5) If subsections (3) and (4) do not apply, a writ of restitution must not be issued until the expiration of 10 days after the entry of the judgment for possession.
- 17 MI Comp L §600.5744 (2020)
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(3) …a writ of restitution may be issued immediately after the entry of a judgment for possession if… (e) The tenant, willfully or negligently, is causing a serious and continuing health hazard to exist on the premises or is causing extensive and continuing injury to the premises… (f) The action is an action to which section 5714(1)(b) applies.
- 18 MI Comp L §600.5744 (2020)
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(7) If a judgment for possession is for nonpayment of money due under a tenancy …the writ of restitution must not be issued if, within the time provided, the amount stated in the judgment, with the taxed costs, is paid to the plaintiff…
- 19 MI Rules of Civil Procedure, Rule 4.201 (2020)
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(L)(2) Subject to the provisions of subrule (L)(4), the order of eviction shall be delivered to the person serving the order for service within 7 days after the order is filed.