How to Delay an Eviction in Michigan

Under Michigan landlord-tenant law, tenants can be evicted for a number of different reasons, including not paying rent or violating the lease. However, there might be a few things you can do to postpone the eviction, or perhaps even stop it altogether.

Understanding Eviction Notices in Michigan

If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Michigan, you could typically receive one of the following types of eviction notices, depending on the reason for the eviction:

• 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).)
• 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.)
• 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).)

It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.

Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction might have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.

For more information on the eviction process in Michigan, see The Eviction Process in Michigan. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.

If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.

Talk to Your Landlord

If you receive an eviction notice, you should first try talking to your landlord. You might be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can't come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.

If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.

Comply With the Demand for Rent, If Possible

If you are being evicted for not paying rent, then your demand for rent will state how much you owe and how long you have to pay in full. If you comply with the demand by paying all the rent due and owing, then, in Michigan, the landlord must not proceed with the eviction.

If you aren't able to pay the rent within the time period stated in the notice, try talking to your landlord. For example, if you can't pay the rent in full within the seven-day period, but you could by the end of the month, let your landlord know and see if they might agree to a one-time extension. If your landlord agrees to your proposal (or you reach another arrangement), be sure to get it in writing.

Attend the Eviction Hearing

If you don't comply with the eviction notice or demand for rent and you and your landlord don't to reach an alternative agreement, your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. You need to carefully review this paperwork. There will be a date for a hearing before a judge.

Before the hearing, you can respond to your landlord's lawsuit in writing, using a document called an answer. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord evicting you in retaliation of you exercising a legal right. In Michigan, it is illegal for a landlord to evict you because you have exercised a legal right, such as complaining to a city official about housing conditions or participating in a tenant organization. (Mich. Comp. Laws § 600.5720.) If the landlord is evicting you after you did something like this, then you might be able to use that as a defense to the eviction.

In Michigan, you don't have to file a written answer before attending the hearing, though. However, if you want to try to stop or postpone the eviction, then you must attend the scheduled hearing. At the hearing, the judge will consider both sides of the argument and make a decision. Michigan Legal Help has more information on the eviction process in Michigan.

Even if you don't have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.