Eviction in Michigan:

Michigan Eviction Laws

The basis of the Michigan Eviction Laws are found in the Michigan Landlord Tenant Act. If you are a landlord in Michigan, it is a good idea to familiarize yourself with these eviction laws.

Michigan Eviction Can Be Lengthy

The Michigan Eviction Process can take well over a month if it gets dragged out. The landlord’s hope is that the tenant will move out upon receiving the Notice to Quit. Otherwise, the landlord needs to go to court in order to evict the Tenant.

3 Reasons to Evict

A tenant in Michigan can be evicted for 3 reasons. The most common is non-payment of rent. The other two reasons are for creating a health hazard and to terminate the tenancy.

Michigan Eviction Notice – Notice to Quit

The eviction process in Michigan begins by serving your tenant with a Michigan Eviction Notice, formally called a "Notice to Quit." The Notice to Quit tells the tenant that they have a certain number of days to correct the problem or move out. It warns them that if they do not comply, they will be sued for eviction. There are 3 different Notice to Quit forms used in Michigan:

• 7 Day Notice to Quit for Non-Payment of Rent – This gives the tenant 7 days to pay the rent, move out, or else be sued for eviction. This is the most common Notice to Quit in Michigan.

• 7 Day Notice to Quit for Health Hazard – This gives the tenant 7 days to vacate because they are creating a health hazard or causing damage to the property.

• 30 Day Notice to Quit for Termination of Tenancy – This is used for lease violations (unauthorized pets, etc.), or to end a month-to-month lease.

Summons and Complaint

After the landlord has delivered the Notice to Quit, and the tenant still has not complied with the demand or moved out, the landlord needs to go to court and file a Complaint for Eviction (an eviction lawsuit). The landlord needs to go to the clerks office at the District Court for the jurisdiction where the property sits. Most District Court Clerk’s Offices have Eviction Complaint forms that the landlord can simply fill out. Once filed, the Court will issue a "Summons" and deliver it to the tenant. The Summons will tell the tenant why the landlord is evicting, and when the eviction hearing will be held.

Hearing

The Court will tell the landlord and tenant the time and place of the eviction hearing. The landlord must be there in order to win the eviction case. At the hearing, the landlord should bring a copy of the Notice to Quit, the lease (if there is one), and any evidence or witnesses need to prove the case.

Judgment

If the court rules in favor of the landlord, the court will issue a Judgment. This will give the tenant a certain number of days to vacate the property, usually 10 days.

Writ of Restitution

If the tenant still has not vacated the property after the 10 days has expired, then the court will issue a "Writ of Restitution" which will direct the sheriff to physically remove the tenant from the property.

General Eviction Process Tips

When you are beginning the Eviction Process, it is important to remember that this is a legal procedure. Act professional and keep good records at all times. For example, be sure to keep multiple copies of all letters and documents you deliver to your tenant. If your tenant does not leave after receiving your eviction notice, you may need to prove to a judge later that you in fact properly delivered that eviction notice.

If you end up having to file an eviction case, always make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website. When you go to file your eviction case, the clerk's office will tell you if you are in the right place, and if you are not, they are usually very helpful. Always treat court clerks kindly and with respect, and they will go the extra mile for you.

If you end up having to go to court, there are a few simple rules to follow. Show up early for your court date and politely ask the court clerk where to go. Always dress professionally or they might not let you in the courtroom. DO NOT allow your cell phone to ring in the Courtroom! Many judges impose $500.00 fines or confiscate your phone for over a week! Most of the time you will sit in the Courtroom and the judge will come out and give everyone instructions. He will then begin calling cases. Address the Judge as "Your Honor" or "Judge." Make sure to bring a copy of your Eviction Notice, your Lease, and any evidence you need, such as witnesses, lease violations, pictures, etc. Always be honest, even if it is to your disadvantage. A perjury conviction is worse than losing an Eviction case.