Michigan Eviction Process & Laws: A Comprehensive Guide for Landlords

Evictions aren’t easy for anyone, but it’s a reality of property ownership that Michigan landlords must equip themselves to handle. With recent changes to Michigan eviction laws, landlords must understand the latest and most accurate information. Some of those recent changes include the following:

• Longer Notice Period: Before landlords can start the eviction process in Michigan, they must now provide tenants more time to address issues or seek alternative housing than was allotted before the new law took effect.
• Health & Safety Compliance: Michigan landlords must verify that their properties comply with all applicable local and state health and safety laws when submitting a complaint to the court.
• Additional “Pretrial” Hearing: Before most trials, an initial court hearing will take place, during which tenants will be notified of their rights, such as their ability to seek counsel.

While understanding and staying up to date with the law can be a challenge for those without legal backgrounds, following the correct course of action to ensure compliance with Michigan eviction laws and avoid potentially costly repercussions is possible.

This detailed article will run through each step of the eviction process in Michigan, providing clear and actionable advice to help landlords confidently navigate eviction proceedings.

Let’s get started.

Valid Grounds for Eviction: Understanding Landlord Rights

Michigan landlords have several legal justifications for evicting a tenant. Here are some of the most common reasons:

• Non-Payment of Rent: If a tenant doesn’t pay rent on schedule, the landlord can issue a 7-day notice to either pay or move out. If the tenant does not pay within this period, the landlord can proceed with filing an eviction complaint.
• Lease Violations: Tenants who violate the terms of their lease agreement, which could include provisions regarding property damage and illegal activity, are subject to eviction. However, a landlord must give the tenant a 30-day notice to vacate.
• Illegal Drug Activity: Tenants who are conducting illegal drug activity on the premises can be served with a 24 hour notice to vacate.
• Health and Safety Violations: Tenants must maintain the property to avoid violating health and safety standards. Unsanitary conditions, which include extreme filth, hoarding, or egregiously improper garbage disposal, can justify eviction proceedings. That said, the landlord must still provide the tenant with a detailed notice of the violation and a practicable amount of time to correct it.
• Holding Over: If a tenant stays in the property without the landlord’s consent after the lease has expired, the landlord is within their right to file for eviction.

Initiating the Eviction Process in Michigan: Filing a Complaint

Before bringing an eviction case to court, a landlord must establish cause for eviction and follow a well-defined process, which can be broken down into the following steps:

1. Issue an eviction notice: Before filing a complaint, a landlord must present the tenant with a written notice clearly stating the reason for eviction and detailing the timeline for said tenant to vacate the property.
2. File a complaint: If a tenant doesn’t comply with the eviction notice, the landlord can file a complaint with the district court having jurisdiction over the property. This complaint must contain specific necessary documentation, including the reason for eviction, the amount of rent owed (if applicable), and a copy of the original lease agreement.
3. Pay filing fees: Landlords must pay to submit an eviction complaint. The cost will vary depending on the court and the specific details of the case.
4. Schedule a Hearing: Once the complaint is filed, the court will schedule a court date, most likely within 10 to 14 days from the filing date. At such a hearing, both the landlord and tenant(s) can present their case to a judge.

Pro Tip: Let EZ Evict USA handle all the paperwork so you won’t have to go through the hassle of evictions alone.

The Correct Way to Serve an Eviction Notice in Michigan

To ensure a straightforward eviction process in Michigan, landlords must serve an eviction notice correctly according to the guidelines set out by the law. Here are some of the ways that landlords can correctly serve a summons:

• Personally: The notice is delivered directly to the tenant.
• In-Lieu-of Service: If the tenant is unavailable for whatever reason, Michigan eviction laws allow landlords to leave the notice with a family member, another household member, or an adult at the tenant’s current residence, with the accompanying request that they hand it to the tenant.
• First-Class Mail: Landlords can send the notice to the tenant via first-class mail.
• Electronic Email: If the tenant consents to receive notifications in writing, landlords can send the notice to the tenant’s email.

Once a landlord has fulfilled their legal obligations for delivering a summons, they should wait to hear back from the court in which they filed their complaint, preparing for the hearing by gathering evidence to present in the interim.

Securing a Judgment for Possession

Regaining possession of a property requires a judgment from the court. That process necessitates the following actions:

• Filing a Motion for Possession: If the tenant neither complies with the eviction notice nor contests the complaint, the landlord can file a motion for possession. This motion requests that the court grant the landlord legal, rightful possession of the property.
• Attending a Court Hearing: If the tenant disputes an eviction, a hearing will be held where both parties can present evidence. The landlord should arrive prepared with all necessary documentation, including the original lease agreement, all payment records, and proof of service of an eviction notice to the tenant.
• Securing a Judgment: If the court rules in favor of the landlord, the court will issue a judgment for possession. This judgment legally authorizes the landlord to take back possession of the property.

Taking Back Your Property: Post-Judgment Procedures

After winning a court-ordered judgment for possession, the landlord must adhere to the following procedures to reclaim the property legally:

• Requesting a Writ: The landlord must request a writ of restitution from the court, authorizing local law enforcement to remove the tenant.
• Executing the Writ: After presenting the Writ to the Sheriff, authorized law enforcement agents will visit the property to serve the writ and remove the tenant. The landlord can then change the locks and reclaim the property.
• Handling Personal Belongings: If the tenant leaves any belongings behind, the landlord must follow Michigan law regarding the disposal of personal property. This law requires landlords to store the items for a set period before they can be discarded or sold at the landlord’s discretion.

Landlords should exercise due diligence throughout the Michigan eviction process to ensure compliance with Michigan eviction laws and avoid adverse consequences.

Eviction Process Timeline for Landlords

Here’s a quick walkthrough of the eviction process in Michigan:

1. Notice to Quit: 7 to 30 days, depending on the reason for eviction
2. Filing a Complaint: 1 to 2 days
3. Court Hearing: 10 to 14 days after filing the complaint
4. Judgment for Possession: Within a few days after the hearing
5. Requesting a Writ of Restitution: Another one to two days
6. Execution of the Writ: Typically, 7 to 10 days
7. Regaining Possession: Within two weeks after a judgment has been secured

Evidence Management: Best Practices for Landlords

It’s critical for landlords to maintain accurate records and evidence throughout the Michigan eviction process. Below we list a few best practices to follow:

• Keep all correspondence: Maintain a log of all communications with the tenant. Such communication can include phone calls, text messages, emails, and letters, to name the most popular.
• Document lease violations: Shoot photos or videos and/or write statements that make plain any lease violations.
• Track payment history: Keep an accurate account of rent payments, including dates and amounts paid.
• Retain copies of notices: Keep copies of all eviction notices and proof of service.

How TurboTenant Can Help with the Eviction Process in Michigan

Dealing with evictions? Let TurboTenant help simplify the process. We’ve got you covered, from serving notices correctly via our Landlord Forms Pack to keeping impeccable records.

Plus, our partnership with EZ Evict USA will take the stress out of evictions because they do all the administrative work for you.

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Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

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