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[ttip number=’1′ icon=’popover-balance’] 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 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Michigan, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Summary Proceeding”) with the court the following business day.
In District Court, Municipal Court, and Common Pleas Court of Detroit if the landlord is filing for possession of the premises only, the filing fee is $45. [ttip number=’2′ icon=’popover-balance’]If the landlord is using the e-filing system there is an additional filing fee of $10, plus a credit card surcharge. [ttip number=’3′ icon=’popover-balance’]
If the landlord is additionally filing a claim for a money judgment, the filing fees are as follows: [ttip number=’4′ icon=’popover-balance’]
- For claims up to $600, the filing fee is $25.
- For claims over $1,750, the filing fee is $45.
- For claims over $10,000, the filing fee is $150.
2. Summons Service Fee
Once a Complaint is filed in Michigan, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
An officer or anyone authorized by the court to serve process may charge $26 per tenant, plus mileage[ttip number=’5′ icon=’popover-balance’] for delivering a Summons.
3. Order of Eviction Service Fee
In Michigan, if the court rules in favor of the landlord, the court shall issue an Order of Eviction (also known as a Writ of Restitution). The order is the tenant’s final notice to vacate the premises.
A sheriff, deputy sheriff, bailiff, court officer, an officer of the Department of State police, police officer of an incorporated city or village must serve the Order of Eviction to the tenant.
The officer serving the documents can charge a service fee which varies by county. For example, in Calhoun County, the service fee is $40 plus mileage and a fee of $9.73 for ¼ of an hour shall be added to supervise the eviction.
4. Order of Eviction Execution Fee
If a tenant remains at the rental property after the Order of Eviction has expired in Michigan, an officer can return to the property to execute the order.
The execution fee varies by county, for example, Calhoun County, there is an enforcement fee of $300 that will be charged for removing personal property.
5. Notice of Appeal Filing Fee
If either party chooses to file an Appeal in Michigan, they may do so as long as the Notice of Appeal is filed within 10 calendar days of the judgment. The court filing fee is $25. [ttip number=’6′ icon=’popover-balance’]
6. Jury Demand Filing Fee
If either party demands a jury trial in Michigan, the filing fee[ttip number=’7′ icon=’popover-balance’] for a jury trial fee is $50. The landlord may demand a jury trial using the Jury Demand form and a tenant may demand a jury trial in their Answer Form.
Sources
- 1 MI Comp L § 600.5704 (2021)
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The district court, municipal courts and the common pleas court of Detroit have jurisdiction over summary proceedings to recover possession of premises under this chapter.
- 2 MI Comp L § 600.5756 (2021)
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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.
- 3 MI Comp L § 600.1986 (2021)
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600.1986 (1) Beginning March 1, 2016, if a fee for commencing a civil action is authorized or required by law, in addition to that fee, the clerk shall also collect an electronic filing system fee, subject to section 1993, as follows:(b) Except as provided in subdivisions (c) and (d), for civil actions filed in the district court, including actions filed for summary proceedings, $10.00.
- 4 MI Comp L § 600.5756 (2021)
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(2) If a claim for a money judgment is joined with a claim for the recovery of possession of premises, the plaintiff shall pay a supplemental filing fee in the same amount as established by law for the filing of a claim for a money judgment in the same court.
- 5 MI Comp L § 600.2559 (2021)
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(1) Except as provided in subsection (7), the following is the schedule of fees allowed for process or papers served out of a court in this state by a person authorized under this act or supreme court rule to serve process:
(a) For personal service of a summons and complaint in a civil action, along with supporting documents, for each defendant, $26.00 plus mileage. - 6 MI Comp L § 600.6536 (2021)
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In every appeal from a district, municipal, or common pleas court, the appellant shall pay to the clerk of the trial court the taxable costs of the prevailing party, together with $25.00.
- 7 MI Comp L § 600.8371 (2021)
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(9) If a trial by jury is demanded, the party making the demand at the time shall pay the sum of $50.00. Failure to pay the fee at the time the demand is made constitutes a waiver of the right to a jury trial. The sum shall be taxed in favor of the party paying the fee, in case the party recovers a judgment for costs. For each fee collected under this subsection, the clerk shall transmit $10.00 to the state treasurer for deposit in the juror compensation reimbursement fund created in section 151d.