What is the eviction process in Michigan?
1. Statutory Framework. Michigan eviction is a Summary Proceeding under MCL 600.5701-600.5759, with Michigan Court Rules 4.201 governing procedure.
2. Pre-Filing Notice. Nonpayment requires a 7-day Demand for Possession under MCL 554.134(2). Material lease breach or "just cause" requires a 30-day Notice to Quit (MCL 554.134(1)). Tenancy at will or month-to-month termination requires 30 days. Mobile home tenancies require 30 days for nonpayment under MCL 600.5775.
3. Filing the Complaint. File the Complaint to Recover Possession (Form DC 102) in the district court for the district where the property sits. Filing fee is approximately $45 plus service.
4. Tenant Answer / Default. Tenant must answer at or before the first hearing date (set within 10 days of filing under MCR 4.201(D)). No written answer required at first hearing.
5. Hearing. Court holds a pretrial and may set trial. Defenses include statutory warranty of habitability (MCL 554.139), retaliatory eviction (MCL 600.5720), and federal Fair Housing Act discrimination. Tenant may pay the full judgment within 10 days to stay eviction (MCL 600.5744).
6. Writ of Possession. Order of eviction may issue 10 days after judgment (MCL 600.5744). Court officer or sheriff executes the eviction.
7. Self-Help Prohibition. MCL 600.2918 makes self-help eviction (lockout, utility shutoff, removal of belongings) actionable for the greater of actual damages or $200 per occurrence plus injunctive relief. Anti-Lockout Act bars all extrajudicial dispossession.
8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 prior to nonpayment filing.
9. Just-Cause. No statewide just-cause; Michigan's preemption statute (MCL 123.411) bars local rent control. Ann Arbor and other cities have limited tenant protections in subsidized housing.
This is legal information, not legal advice.
- Tenant has applied for MSHDA rental assistance still pending
- Mobile home park eviction (MCL 600.5775)
- Subsidized housing or HUD project-based eviction
- MCL 600.5701-5759
- MCL 600.2918
- MCL 554.134
- 15 U.S.C. § 9058
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.