Michigan Eviction Process and Eviction Laws

A reference of Michigan Eviction Laws, and steps of the Michigan eviction process for landlords and renters, updated 2021.

• What are the reasons for eviction under Michigan eviction laws?
  • Nonpayment of rent (MCL  §554.134(2)).
  • Non-compliance with the lease agreement (MCL  §554.134(1)).
  • Illegal activity (MCL  §554.134(4)).
  • Health hazard
  • Physical damage to the premises
  • Causes or threatens physical injury to another individual 
  • Tenant remains in possession of the dwelling unit after the occupancy period without the landlord’s permission (MCL  §554.134(1)).
• What notice do Michigan eviction laws require that landlords provide tenants before starting the eviction process?
  • For evictions based on non-payment of rent, Michigan requires a 7-day notice (MCL  §554.134(2)). 
  • For evictions based on the tenant’s non-compliance of the lease agreement, the landlord must give a 30-day notice. (MCL §554.134(1)). 
  • For evictions based on illegal activity related to a controlled substance, the landlord must provide a 24-hour notice to the tenant. (MCL §554.134(4)).
  • For evictions based on causes a serious and continuing health hazard or causes extensive and continuing damage to the property, the landlord must provide a 7-day notice before evicting the tenant. The landlord can demand the return of the premises or for the tenant to substantially restore or repair the property. (MCL §600.5714(d)).
  • For evictions based on the tenant, a member of the tenant’s household, or a person under the tenant’s control causing or threatening physical injury to another person and when the police have been notified of such injury or threat, the landlord must provide a 7-day notice (MCL §600.5714(e)).
  • For evictions based on the tenant remaining in possession of the rental property after the expiration of the lease, the landlord must provide a 30-day notice to the tenant. (MCL §554.134(1)).

The notice required under Michigan law must be in writing, addressed to the person in possession of the property, and give an address or description of the rental property. The reasons for eviction and the time limit to take remedial action, if applicable, must be clearly stated. If the eviction is due to non-payment of rent, the amount due must be included in the notice. The notice must be dated and signed by the landlord or the landlord’s attorney or agent. (MCL §600.5716).

• Do Michigan eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities? 
  • No. Michigan law prohibits self-help measures and allows tenants to recover three times their actual damages or $200, whichever is greater, for each unlawful occurrence. (MCL §600.2918).

Michigan Eviction Process: Step-by-Step

The eviction process in Michigan involves the following process.

1. Landlord sends the eviction notice. 

The landlord must provide notice to the tenant that contains the information that must be included in the notice, as required by law. 

2. Landlord files a summon and complaint

After the appropriate time has elapsed and the tenant does not return possession of the property to the landlord, the landlord can begin the judicial eviction process by filing a complaint and summons. The landlord must also pay the filing fee and provides a copy of the notice they sent to the court. The landlord is responsible for having the tenant served with the legal paperwork. 

3. Tenant files an answer 

If the tenant wants to contest the eviction, they can file an answer to the complaint. The answer depends on the reason for the eviction, such as:

• Answer for Non-Payment of Rent (DC 111a)
• Answer for Health/Hazard to Property (DC 111b)
• Answer to Complaint to Recover Possession of Property (DC 111c)

4. Attend the hearing

The parties attend the court hearing and present their case. If the tenant does not appear at the court hearing or the court finds in favor of the landlord, the tenant has 10 days to move out of the property. 

5. Landlord files a writ of eviction

If the tenant does not move out within 10 days, the landlord files a writ of eviction. If the court grants the writ, the sheriff can forcefully remove the tenant from the property.