Evicting a tenant in Michigan can take around 2 weeks to 2 months, depending on the reason for the eviction and whether a tenant contests it.
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 the terms of the lease
- Committing illegal activity
Depending on the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 7 Days | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation | 30 Days | Maybe |
| Material Health or Safety Violation | 7 Days | Maybe |
| Threatening or Causing Injury to Others | 7 Days | No |
| Illegal Activity | 24 Hours | No |
Nonpayment of Rent
In Michigan, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 7 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Michigan the day immediately after its due date. Michigan landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
If rent is due on September 1st, it will be considered late starting on September 2nd, unless the lease specifically states there is a grace period.
End of Lease or No Lease
In Michigan, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant a proper 30-days’ notice to move out.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
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 first serve the tenant a 30 days’ notice to comply or vacate.
Landlords are not legally required to give tenants a chance to fix the issue. So at the discretion of the landlord, the tenant either has the option to correct the violation or move out within the 30-day period.
Examples of lease violations include:
- Refusing to allow the landlord access to the rental unit
- Allowing unauthorized occupants or pets to reside in the rental unit
- Disturbing the peace and enjoyment of others
- Causing minor health/safety violations
- Committing minor property damage
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Material Health or Safety Violations
In Michigan, a landlord can evict a tenant for causing a serious health hazard or extensive and continual physical injury to the premises. To do so, the landlord must serve the tenant a 7 days’ notice to comply or vacate.
Landlords are not legally required to give tenants a chance to fix the issue. At the discretion of the landlord, the tenant either has the opportunity to correct the violation or move out within the 7-day period.
Material health or safety violations include:
- Willfully or negligently causing a serious or continuing health hazard
- Causing extensive and continual physical injury to the premises
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Threatening or Causing Harm to Others
In Michigan, a landlord can evict a tenant for threatening to cause injury or causing physical injury to an individual on the premises. To do so, the landlord must serve the tenant a 7 days’ notice to vacate.
The tenant does not have the option to fix the issue and must move out within the 7-day period.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Activity
In Michigan, a landlord can evict a tenant for committing illegal drug activity on the premises. To do so, the landlord must serve the tenant a 24 hours’ notice to vacate. The tenant does not have a chance to fix the violation and must move out within 24-hours.
Illegal drug activity includes:
- Manufacturing, delivering or possessing a controlled substance with intent to deliver
- Possessing controlled substances
In addition, a formal police report must be filed regarding the tenant unlawfully manufacturing, delivering or possessing controlled substances with intent to deliver or possess controlled substances.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in Michigan
In California, there are a few different types of eviction actions that are 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
A landlord is not allowed to attempt 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 to the landlord about an issue with the property
- Contacting a local or government agency about an issue with the property
- Joining, supporting or organizing a tenant union or organization
- Pursuing a legal action against the landlord
- Withholding rent for uninhabitable rental units
In Michigan, all evictions follow the same process:
- Landlord serves notice with written notice of violations
- Landlord files lawsuit with the court
- Court holds hearing and issues judgment
- Writ of restitution is issued
- Property is returned to the landlord
Step 1: Landlord Serves Notice To Tenant
A landlord can begin the eviction process in Michigan by serving the tenant with written notice. Michigan landlords may deliver an eviction notice using any of these methods:
- Hand delivery to the tenant
- Hand delivery to a family member of suitable age and discretion who can accept the notice on behalf of the tenant
- Delivery by first class mail
- Delivery by electronic means (e.g. email), if both parties have agreed in writing to use that particular form of electronic service
Mailed notice does not begin counting toward a notice period until the next day after mailing that mail is delivered. Electronic notice is begins counting toward a notice period when the tenant responds to the message.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
7-Day Notice To Quit
In Michigan, if a tenant is late on paying rent (full or partial), the landlord can serve them a 7-Day Notice To Quit. This eviction notice gives the tenant 7 days to pay the balance due or move out.
30-Day Notice To Vacate
For a tenant with no lease or a month-to-month lease in Michigan, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 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 |
30-Day Notice To Comply or Vacate
In Michigan, if a tenant violates the terms of their lease or legal responsibilities, the landlord can serve them a 30-Day Notice To Comply or Vacate. This eviction notice gives the tenant 30 days to fix the issue or move out.
7-Day Notice To Comply or Vacate
In Michigan, if a tenant causes serious health hazards or extensive physical injury to the premises, the landlord can serve them a 7-Day Notice To Comply or Vacate. This eviction notice gives the tenant 7 days to fix the issue or move out.
7-Day Notice To Vacate
In Michigan, if a tenant threatens to cause injury or causes physical harm to an individual, the landlord can serve them a 7-Day Notice To Vacate. This eviction notice gives the tenant 7 days to move out without the chance to fix the issue.
24-Hour Notice To Vacate
In Michigan, if a tenant commits illegal drug activity on the premises, the landlord can serve them a 24-Hour Notice To Vacate. This eviction notice gives the tenant 24 hours to move out 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 3 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
- Posting a copy on the main entrance of the tenant’s rental unit
The summons and complaint must be served on the tenant at least three days prior to the eviction hearing.
Step 3: Court Holds Hearing and 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 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 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.
Depending on the local court’s rules, a hearing could be issued within 5-10 days.
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.
Unless the reason for eviction is illegal drug activity or a material health or 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.
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
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
Michigan Eviction Court Fees
The total cost of an eviction in Michigan for all filing, court, and service fees varies heavily on the claim amount. Eviction lawsuits can be filed in District Court, Municipal Court, and Common Pleas Court of Detroit the average cost is $411.
| Fee | District |
| Initial Court Filing | $45+ |
| Summons Service | $26+ |
| Order of Eviction Service | ~$40 |
| Order of Eviction Execution | ~$300 |
| Notice of Appeal Filing (Optional) | $25 |
| Jury Demand Filing (Optional) | $50 |
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.
- 20 Mich. Comp. L. § 600.5718
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The demand provided for in section 5716 may be served by any of the following means:(a) Personal delivery to the person in possession.(b) Personal delivery on the premises to a member of the family or household or an employee of the person in possession, who is of suitable age and discretion, with a request that it be delivered to the person in possession.(c) First-class mail addressed to the person in possession. If the demand is mailed, the date of service for purposes of this chapter is the next regular day for delivery of mail after the day when it was mailed.(d) Subject to subsection (2), by electronic service, if the person in possession has in writing specifically consented to electronic service of the demand and if the consent or confirmation of the consent has been sent by 1 party and affirmatively replied to, by electronic transmission, by the other party.Source Link
