Michigan Eviction Process


When you are done reading about the Michigan Eviction Process below, we recommend you purchase the corresponding Michigan Eviction Notice to be delivered to your Tenant.

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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:

  1. 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.
  2. 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.
  3. 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.

 

Next Step: We recommend you purchase the corresponding Michigan Eviction Notice to be delivered to your Tenant.

This site strives to have the most current information on state eviction laws and forms, however, legislatures and judges’ rulings are always changing the laws. The information on this site is to be used as a guide, and is not to be used as legal advice, or as a substitute for the advice of an attorney. If you believe any information on this site is incorrect or needs to be updated, please Contact Us immediately.