Steps of the eviction process in Michigan:
Timeline. Evicting a tenant in Michigan can take around 2 weeks to 2 months, depending on the reason for the eviction. If tenants file an appeal, the process can take longer (read more).
Below are the individual steps of the eviction process in Michigan.
Step 1: Notice is Posted
Landlords in Michigan can begin the eviction process for several reasons, including:
- Nonpayment of Rent – Once rent is past due, notice can be served to give the tenant the option to pay rent in order to avoid eviction.
- Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord isn’t required to give the tenant the opportunity to correct the issue before moving forward with the eviction process.
- No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given.
- Material Health / Safety Violation – If the tenant violates a health, building, safety, or housing code, landlords are not required to give tenants the opportunity to fix (“cure”) the issue.
- Illegal Activity – If a tenant or any other occupant of the rental unit is engaged in illegal activity, prior notice must be given to the tenant before the landlord can proceed with the eviction process.
- Retaliatory Evictions. It is illegal for a landlord to evict a tenant for complaining to the landlord or to the appropriate local or government agency regarding the property. It is also illegal for a landlord to evict a tenant for joining, supporting, or organizing a tenant organization or union.
- Evicting a Squatter. If the individual occupying the property did not have the permission of the landlord when initially moving in, does not have a lease (or verbal agreement) and has no history of paying rent, then they may be considered trespassers under Michigan law, and the normal eviction process would apply (read more).
Each possible ground for eviction has its own rules for how the process starts.
Eviction Process for Nonpayment of Rent
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Michigan law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the lease/rental agreement.
Once rent is past due, the landlord must provide a 7-Day Notice to Quit, if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to move out within 7 days in order to avoid eviction.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Violation of Lease Terms / Rental Agreement
A tenant can be evicted in Michigan if they do not uphold their responsibilities under the terms of a written lease/rental agreement.
Michigan landlords are not required to allow tenants to correct a lease violation in these instances, but they must provide tenants with a 30-Day Notice to Quit, giving the tenant 30 days to move out of the rental unit in order to avoid eviction.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
Note that illegal activity and material health/safety violations are not included in this category.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for No Lease / End of Lease
In the state of Michigan, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord may be required to give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
Regardless of the length or type of tenancy, landlords must provide tenants with a 30-Day Notice to Quit, giving tenants 30 days to move out of the rental unit in order to avoid eviction.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Material Health / Safety Violation
A tenant can be evicted in Michigan if they violate a health, building, safety, or housing code. In these instances, the landlord is required to provide the tenant with a 7-Day Notice to Quit, giving the tenant 7 days to move out in order to avoid eviction.
Michigan landlords may allow tenants time to correct the issue that caused the material health/safety violation, but they’re not required to.
Examples of material health/safety violations could include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like 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 Process for Illegal Activity
The amount of written notice required for tenants involved in illegal activity depends on the type of activity.
In Michigan, illegal activity includes :
- Possessing a controlled substance
- Manufacturing a controlled substance
- Delivering/possessing with intent to deliver a controlled substance
- Threat of physical harm or physical harm to another person while on the rental property
Landlords must file a formal police report for tenants involved in illegal drug activity, and must at least notify the police regarding tenants who have threatened to harm/caused harm to others on the rental property.
For tenants who are involved in illegal drug activity, landlords are required to provide 24 hours’ notice prior to beginning the eviction process.
For tenants who have threatened/caused physical injury to others on the rental property, landlords must provide 7 days’ written notice prior to beginning the eviction action.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Step 2: Complaint is Filed and Served
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 and complaint must be served on the tenant by an officer or anyone authorized by the court to serve process, at least 3 days prior to the hearing via first class mail and at least one more of the following methods:
- Leaving a copy with the tenant’s family member
- Posting a copy on the main entrance of the tenant’s rental unit
- Giving a copy to the tenant in person
3 days. The summons and complaint must be served on the tenant at least 3 days prior to the eviction hearing.
Step 3: Court Hearing and 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 5 days of the date the summons was served on the tenant.
Tenants are not required to file a formal, written answer with the court in order 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 7 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.
5-10 days, depending on the local court’s rules. If either party fails to appear, or files an appeal, the process could take longer.
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/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.
A few hours to 10 days. Unless the reason for eviction is illegal drug activity or a material health/safety violation, the writ cannot be issued until 10 days after the ruling in favor of the landlord.
Step 5: Possession of Property is Returned
Law enforcement officials must be given the writ of restitution within 7 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.
~7 days. The writ of restitution must be delivered to law enforcement officials within 7 days of the date it was issued by the court.
Michigan Eviction Process Timeline
Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in Michigan. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.
- Initial Notice Period – between 1 and 30 days, depending on the reason for the eviction.
- Issuance/Service of Summons and Complaint – 3 days prior to the eviction hearing.
- Court Hearing and Ruling on the Eviction – 5 days after the summons is served on the tenant or 10 days after the summons is issued by the court; longer if an appeal is filed.
- Issuance of Writ of Restitution – A few hours to 10 days, depending on the reason for the eviction.
- Return of Possession – ~7 days.
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.
