Evictions in Michigan can be stressful for both landlords and tenants, especially when confusion arises about rights, timelines, and proper legal steps. Understanding how eviction proceedings work can help both sides protect their interests, avoid costly mistakes, and stay compliant with Michigan landlord-tenant laws.
This guide breaks down Michigan’s eviction process from start to finish, explaining notice types, timelines, and how a real estate lawyer can help.
Understanding the Legal Grounds for Eviction in Michigan
In Michigan, property owners cannot evict a tenant from a rental property without a valid legal reason. Common grounds for eviction include:
- Nonpayment of rent: The most frequent cause of eviction, unpaid rent typically leads to the 7 day eviction notice Michigan requires by law.
- Violation of lease terms: Examples include unauthorized occupants, pets, excessive property damage, or other breaches.
- Illegal activity: Criminal behavior, violence, or drug use on the property can result in immediate eviction.
- Expiration of lease: If a tenant stays after the lease ends without renewal, the landlord may proceed with a court-ordered eviction.
It’s important to remember that only a judge can legally remove a tenant. Lockouts, utility shutoffs, or removing belongings without a court ruling are illegal in Michigan.
Step 1: Serving the Eviction Notice
The eviction process begins with proper notice. The type and timing of the notice depend on the reason for eviction:
- 7 Day Notice (Demand for Possession): Used for nonpayment of rent or certain lease violations. Tenants have seven days to pay or move out before a court case can be filed.
- 30 Day Notice: Required when ending a month-to-month tenancy without cause.
- 24-Hour Notice for Immediate Eviction: In rare situations involving serious criminal activity or danger, landlords can request immediate court action.
Notices must be delivered correctly, either in person, by mail, or posted on the property. This is crucial, as any errors can delay or dismiss the eviction case.
Step 2: Filing the Eviction Case (Summary Proceedings)
If the tenant doesn’t comply with the notice, the landlord can file a Complaint for Possession in the local district court. This step officially begins the legal eviction case, known in Michigan as summary proceedings.
The court will schedule a hearing, typically within 7 to 14 days after filing. Both landlord and tenant should gather documents such as the lease agreement, payment records, and copies of notices to present as evidence.
Step 3: The Court Hearing
At the hearing, both sides can explain their case to the judge. If the landlord proves valid grounds and proper notice, the court will issue a Judgment of Possession.
- If the judgment is for the landlord, the tenant usually has 10 days to move out.
- If the tenant contests the eviction, they may request more time or file an appeal.
- Complex real estate disputes involving lease terms or damage claims often benefit from attorney representation.
Having a real estate litigation attorney or landlord-tenant dispute lawyer can help ensure that legal issues are clearly presented and all filing requirements are met.
Step 4: The Order of Eviction (Writ of Restitution)
If the tenant does not leave after the judgment period, the landlord can request a Writ of Restitution: a court order that authorizes the sheriff or court officer to remove the tenant.
Only law enforcement may carry out the physical eviction. Any form of “self-help eviction” risks serious penalties under Michigan law.
Tenant Rights and Defenses
Tenants also have rights during the eviction process. Common defenses include:
- The landlord did not give proper notice or filed paperwork incorrectly.
- The tenant paid rent, but the landlord refused to accept it.
- The property was not safe or maintained to code, violating landlord obligations.
- Retaliatory eviction for complaints or legal actions.
Tenants facing eviction should seek legal advice as soon as possible, especially if they believe the landlord acted unlawfully.
Special Situations: Commercial Property Evictions
Commercial cases often involve higher financial stakes and complex leases. Business-related disputes about possession, repairs, or contract terms require careful review. A commercial real estate attorney can help interpret contracts, negotiate settlements, and protect business interests throughout the process.
Frequently Asked Questions About the Eviction Process
How long does it take to evict someone in Michigan?
Typically, the process takes about two to four weeks if uncontested. Disputes or appeals can extend the timeline.
Can I evict a tenant without a lease?
Yes, but proper notice is still required—typically 30 days for a month-to-month tenant.
What are the grounds for immediate eviction in Michigan?
Serious criminal behavior, illegal drug activity, property destruction, or threats to safety can qualify for immediate removal through a court order.
Do landlords need an attorney to evict someone?
It’s not required, but a lawyer helps prevent delays and ensures compliance with Michigan’s rules for real estate transactions and rental-related disputes.
Protecting Your Rights Throughout the Eviction Process
Evictions move quickly in Michigan, and both landlords and tenants benefit from understanding their rights early in the process. Whether the issue involves unpaid rent, notice errors, maintenance disputes, or a contested judgment, having clear guidance can prevent costly delays and protect your long-term interests.
A knowledgeable attorney helps you navigate the legal steps, avoid missteps under Michigan landlord-tenant laws, and approach the situation with confidence.
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Talk to an Experienced Real Estate Lawyer in Detroit, Farmington Hills, & Beyond
If you’re facing an eviction or dealing with a landlord-tenant dispute, The Rubinstein Law Firm can help you understand your rights and navigate Michigan’s eviction laws with confidence.
Our experienced real estate attorneys offer reliable legal services and dedicated representation for both landlords and tenants. Contact us today for a real estate attorney free consultation and protect your property, your rights, and your peace of mind.
