The Eviction Process in Michigan

A landlord who owns rental property in Michigan must follow Michigan's landlord-tenant law when handling the eviction of a tenant. A tenant may be evicted from a rental property for many reasons such as nonpayment of rent, particular damage to the rental property, safety problems, illegal conduct at the rental property, or because the lease agreement has ended and the tenant has failed to move out.

Landlords must follow specific steps according to Michigan law to complete the eviction process; they can't simply change the locks and force the tenant out of the rental property without court involvement. These types of illegal eviction procedures can result in a tenant lawsuit against the landlord. It is also illegal in Michigan for a landlord to retaliate against a tenant by attempting to evict someone who has exercised a legal right, such as complaining to a building inspector about defects in the rental property.

Serving the Tenant with Notice of an Eviction

A landlord who wants to evict a tenant in Michigan before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy. Reasons to terminate a tenancy in Michigan include nonpayment of rent, illegal activity at the rental, threat of violence at the rental, and violation of the lease or rental agreement.

When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. This is done by giving the tenant notice. The type of notice depends on the situation.

• 24-hour notice: As long as the lease or rental agreement states that illegal drug activity at the rental can be grounds for termination, the landlord can give the tenant a 24-hour notice to move out if the tenant has engaged in illegal drug activity at the rental and a formal police report has been filed. If the tenant doesn't move out within 24 hours, the landlord can file an eviction lawsuit. (Mich. Comp. Laws § 600.5714(1)(b) (2024).)
• 7-day notice: A seven-day notice to move out can be given when the tenant hasn't paid rent, has committed injury to the rental, allows a serious and continuing health hazard, or injures or threatens injury to another person. The notice must inform the tenant that they must move out within seven days. If the tenant pays the rent or fixes the issue noted, the landlord can't file an eviction lawsuit. If the tenant does neither, the landlord can file an eviction lawsuit. (Mich. Comp. Laws §§ 134; 600.5714 (2024).)
• 30-day notice: If a tenant violates the lease or rental agreement in any other way, and the lease or rental agreement states that the violation is grounds for termination, the landlord can give the tenant a 30-day notice to move out. If the tenant doesn't move out within the 30 days, the landlord can file an eviction lawsuit. (Mich. Comp. Laws § 600.5714(1)(c)(i) (2024).)

When a landlord wishes to end a tenancy with a long-term lease but does not have cause to evict, the landlord must wait until the expiration of the lease for the tenant to move out.

Filing and Serving the Summons and Eviction Complaint

After the landlord serves the eviction notice on the tenant and the deadline for the tenant to move out has expired, the landlord might need to take court action to initiate a legal proceeding to force the tenant to move out of the rental property. Michigan landlord-tenant law provides for an expedited lawsuit process to evict a tenant called "Summary Proceedings." This legal action allows the landlord to obtain a court hearing date shortly after filing an eviction lawsuit against the tenant.

Several steps must be taken in order for a landlord to obtain an eviction court hearing to evict the tenant.

1. First, the landlord must prepare a summons and complaint.
2. Next, the landlord must file the summons and complaint with the local district court in Michigan.
3. Finally, after filing the summons and complaint, the landlord must serve these legal documents on the tenant to provide notice to the tenant of the eviction lawsuit and the date and time of the court hearing.

The landlord and tenant must both attend the eviction court hearing. If the court finds in favor of the landlord at the hearing, the landlord will receive a judgment against the tenant ordering the tenant to move out of the rental property and pay the landlord any rent due.

Don't Use Illegal Measures to Evict a Tenant

Under Michigan law, landlords can't take self-help measures to evict a tenant. For example, a landlord can't exclude the tenant from the rental by use of force or threat of force, removing the tenant's property, changing the locks, or cutting utilities. The only legal way to remove a tenant from a rental is to obtain a court order and have law enforcement officers remove them and their belongings from the rental.

If a landlord is found to have illegally evicted a tenant, the tenant can recover the greater of their actual damages or $200 for each occurrence. The tenant can also regain possession of the rental. (Mich. Comp. Laws § 600.2918 (2024).)

Resources on Michigan Landlord-Tenant Law

The Michigan Courts Self-Help Center provides useful information on evictions and taking court action. Another useful site is Michigan Legal Help, which provides advice on housing-related legal issues, including evictions, for both landlords and tenants. The Michigan Legislature's website publishes a useful guide to landlord-tenant law (including sample forms) in Michigan.