How to Evict a Tenant in Michigan

Are you a landlord in Michigan and faced with the challenging task of evicting a tenant?

If so, you’re in the right place. While we can’t manage the process for you, we can give you the guidance you need to get started. 

Michigan Eviction Steps

Here are the steps associated with evicting a tenant in Michigan. Following these steps in order will help protect you while minimizing friction with your tenant.

1. Determine Legal Grounds for Eviction

Before you can file for eviction in Michigan, you must have a legally valid reason. Michigan law allows evictions for the following reasons:

• Non-payment of rent: If a tenant has not paid rent on time, you can issue a 7-day notice to pay or quit.
• Lease violations: If a tenant violates lease terms (such as having unauthorized pets or subletting), they must be given a 30-day notice to quit before eviction proceedings begin.
• Illegal activity: If a tenant is involved in drug-related activities on the premises, Michigan law allows you to serve a 24-hour notice to quit, requiring immediate departure.
• Holdover tenants: If a tenant remains in the unit after their lease expires, you must provide a 30-day notice to vacate for month-to-month leases.

Michigan landlords cannot remove tenants without going through the proper legal process. Attempting to force a tenant out without notice, such as shutting off utilities or changing the locks, is illegal and can result in penalties. Understanding the specific legal grounds for eviction ensures a smooth process and avoids legal challenges.

2. Serve the Appropriate Eviction Notice

Once you have determined the legal grounds for eviction, the next step is to serve the correct written notice to the tenant. Michigan law has strict requirements for the type of notice you must give:

• 7-Day Notice to Pay or Quit: If a tenant is behind on rent, you must serve this notice, giving them seven days to pay in full or vacate before filing an eviction case.
• 30-Day Notice to Quit: If the tenant has violated their lease, you must give them 30 days to fix the issue or leave before filing in court. This applies to situations like unauthorized guests, excessive property damage, or violating noise restrictions.
• 24-Hour Notice to Quit: For drug-related offenses, Michigan law allows landlords to serve an immediate 24-hour notice requiring the tenant to leave the premises.

The notice must be delivered in person, left with another adult at the residence, or sent via certified mail. Failing to serve the notice properly can lead to delays or dismissal of your case in court.

3. Wait for the Tenant's Response

After serving the eviction notice, the tenant has the legal right to respond before any court action begins. Their response will determine your next steps:

• If they pay the rent (for a non-payment case), you must accept it, and eviction cannot proceed.
• If they fix the lease violation (such as removing an unauthorized pet), the case is resolved.
• If they request more time, you can negotiate or proceed with legal action.
• If they ignore the notice, you can file an eviction lawsuit.

Michigan law allows tenants to contest an eviction in court if they believe the notice was improper, the eviction is retaliatory, or the unit is uninhabitable. If they choose to challenge, be prepared to provide evidence that supports your case.

4. File an Eviction Lawsuit (Complaint for Possession)

If the tenant does not comply with the notice, you must file a Complaint for Possession in the Michigan District Court where the property is located. This officially starts the court eviction process.

Steps to file:

• Complete the court forms: The Complaint for Possession must state the reason for eviction and include a copy of the lease and eviction notice.
• Pay the filing fee: Michigan court filing fees vary by county but typically range from $50 to $150, depending on the claim.
• Receive a court date: The court will schedule a hearing within 10 to 14 days after the complaint is filed.

Once the lawsuit is filed, you must notify the tenant through official service of process before the hearing date.

5. Serve the Tenant with Summons and Complaint

After filing the Complaint for Possession, you must serve the Summons and Complaint to the tenant. Michigan law requires proper legal service, which must be done by:

• A court officer, process server, or sheriff’s deputy.
• Delivery in person to the tenant or another adult at the residence.
• Posting at the property followed by mailing a copy, if the tenant is unavailable.

The Summons provides the tenant with the date and location of the eviction hearing. They must attend court if they wish to fight the eviction. If they fail to appear, the judge may rule in your favor automatically. Proper service ensures the case proceeds without unnecessary delays.

6. Attend the Court Hearing

The eviction hearing is your opportunity to present evidence that supports your claim. In Michigan, eviction cases are typically heard in District Court within two weeks of filing.

Be prepared to provide:

• A copy of the lease agreement proving the terms of tenancy.
• The eviction notice and proof of service showing you followed proper procedures.
• Payment records proving unpaid rent (if applicable).
• Photos or documentation of lease violations, such as property damage or illegal activity.

The tenant may present defenses, such as improper notice, retaliation, or unsafe living conditions. If the judge rules in your favor, they will issue a Judgment for Possession, ordering the tenant to leave within 10 days. If they fail to vacate, you must proceed with a Writ of Eviction.

7. Obtain a Writ of Eviction

If the tenant does not move out after the judgment, you must request a Writ of Eviction from the court. This document authorizes a court officer or sheriff to physically remove the tenant from the property.

Steps to obtain a writ:

• File a request for a Writ of Eviction with the District Court.
• Pay the required fee (varies by county).
• Schedule the eviction date with the local sheriff’s department.

The tenant is given a final notice to leave within 24 hours. If they refuse, the sheriff will arrive at the property and oversee their removal. Landlords cannot remove tenants themselves or dispose of belongings without following legal procedures.

8. Repossess the Property

Once the tenant has vacated, you must secure the property and prepare it for new occupants. Michigan law does not require landlords to store abandoned belongings, so you may dispose of them immediately unless a local ordinance states otherwise.

Key steps after eviction:

• Change the locks to prevent unauthorized reentry.
• Inspect the unit for damages beyond normal wear and tear.
• Deduct repair costs from the security deposit (if applicable).
• Prepare the unit for new tenants by completing necessary maintenance.

By following Michigan’s legal eviction process, you can regain possession of your property while avoiding legal risks. If managing tenants becomes too stressful, you always have the option to sell your rental property and move on from the responsibilities of being a landlord.

Eviction Isn’t Your Only Choice

If your tenant is struggling to pay rent or is no longer a good fit for your property, offering a lease buyout may be a practical solution. A lease buyout involves paying the tenant an agreed-upon amount to vacate the property early, allowing you to regain control of the unit without the hassle of legal proceedings.

1. Offer a Lease Buyout

If your tenant is struggling to pay rent or is no longer a good fit for your property, offering a lease buyout may be a practical solution. A lease buyout involves paying the tenant an agreed-upon amount to vacate the property early, allowing you to regain control of the unit without the hassle of legal proceedings.

Key benefits of a lease buyout:

• Avoids court costs and attorney fees.
• Reduces the risk of a tenant damaging the property out of frustration.
• Speeds up the process of reclaiming the rental unit.

To make this work, negotiate a reasonable buyout amount, clearly outline the terms in a written agreement, and ensure the tenant fully vacates before making the final payment. This method can be especially useful for landlords who want to quickly prepare a unit for a new tenant or sell the property.

2. Mediation Through a Neutral Third Party

If you and your tenant are willing to talk things out, mediation can be a great alternative to eviction. Mediation is a structured negotiation process where a neutral third party helps both sides reach a fair resolution without going to court.

Mediation can help resolve:

• Disputes over unpaid rent.
• Lease violations (such as noise complaints or unauthorized occupants).
• Misunderstandings about maintenance responsibilities.

Many cities in Michigan, including Detroit and Grand Rapids, have tenant-landlord mediation programs that offer free or low-cost services. Mediation often leads to compromises, such as partial rent forgiveness in exchange for the tenant moving out within a set timeframe. If a resolution is reached, both parties sign an agreement, ensuring legal accountability.

3. Offer a Rental Assistance Referral

If your tenant is struggling financially but has a good rental history, helping them apply for rental assistance may be a better option than eviction. Michigan offers several programs that provide temporary financial relief to renters who have fallen behind on payments.

Programs include:

• Michigan State Housing Development Authority (MSHDA) programs for low-income tenants.
• Local nonprofit organizations that provide emergency rent assistance.
• County-based aid programs that help renters stay in their homes.

By directing your tenant to these resources, you increase the chance of receiving full or partial rent payments, helping you avoid a costly eviction. If your tenant secures rental assistance, you may also be able to set up a payment plan to recover the remaining balance over time.

4. Adjust the Lease Terms

Sometimes, eviction issues stem from inflexible lease agreements that don’t accommodate a tenant’s changing circumstances. Instead of forcing an eviction, consider modifying the lease to address the situation in a way that benefits both parties.

Possible lease adjustments:

• Switching to a month-to-month lease to allow the tenant to move out with proper notice.
• Allowing a sublet or roommate to help the tenant afford rent.
• Offering a temporary rent reduction in exchange for a commitment to move out by a set date.

In Michigan, lease amendments must be in writing and signed by both parties to be enforceable. Adjusting the lease can reduce vacancies, maintain a cooperative relationship, and prevent legal battles that waste time and money.

5. Voluntary Relocation Assistance

If your tenant is unwilling or unable to continue living in the rental unit, you might consider offering financial or logistical support to help them move. This method is sometimes referred to as "relocation assistance" and involves helping the tenant find a new home in exchange for vacating peacefully.

Ways to assist with relocation:

• Covering moving expenses or providing a security deposit for a new place.
• Connecting them with local housing resources or government programs.
• Offering a small cash incentive for moving out by a specific date.

While this option requires some upfront costs, it is often cheaper and faster than eviction. Plus, it helps maintain a positive reputation as a landlord and reduces the risk of the tenant damaging the property out of frustration.

Michigan Eviction Frequently Asked Questions

Here are answers to some of the most common questions landlords have about evictions in Michigan.

How much notice do I need to give a tenant before starting an eviction?

The required notice depends on the reason for eviction. Non-payment of rent requires a 7-day notice, while lease violations and no-cause terminations require a 30-day notice. Illegal drug activity allows for a 24-hour notice to quit.

Can I evict a tenant in Michigan during the winter?

Yes, Michigan law does not prohibit evictions during the winter months. However, some local courts may be more sympathetic to tenants during extreme weather conditions.

What if the tenant refuses to leave even after the court grants an eviction?

If the tenant does not leave after a Judgment for Possession, you must request a Writ of Eviction from the court. A court officer or sheriff will then physically remove the tenant if they still refuse to vacate.

Can a tenant stop an eviction by paying the past-due rent?

For non-payment of rent cases, a tenant can avoid eviction by paying the full balance within the 7-day notice period. However, once an eviction lawsuit has been filed, the landlord is not required to accept payment and can proceed with the case.

Do I need a lawyer to evict a tenant in Michigan?

While Michigan law does not require landlords to have a lawyer, legal representation is recommended for complex cases or if the tenant contests the eviction.

What happens if a tenant leaves personal belongings behind after an eviction?

Michigan law does not require landlords to store a tenant’s abandoned property. You may dispose of it immediately unless a local ordinance states otherwise.

Can I deny a tenant a lease renewal to avoid eviction?

Yes, for month-to-month leases, you can end the tenancy by giving a 30-day written notice without providing a specific reason. However, you cannot refuse a renewal for discriminatory or retaliatory reasons.

Final Word

Evicting a tenant in Michigan means following strict legal procedures, and the process can be costly and time-consuming. 

Exploring alternatives like mediation or lease buyouts can help avoid legal battles. If you're tired of dealing with tenant issues, selling your rental property is one of the best ways to move on.