What is the eviction process in Michigan?

Michigan eviction (summary proceedings to recover possession) is governed by MCL 600.5701 et seq. and Michigan Court Rules 4.201.

1. Notice

Nonpayment of rent: 7-day demand for possession (MCL 600.5714(1)(a)). Tenant cures by paying within 7 days.

Health hazard or extensive damage: 7-day notice (MCL 600.5714(1)(d)).

Drug-related or serious violent activity: 24-hour notice (MCL 600.5714(1)(b)).

Termination of estate: 30-day notice to quit for month-to-month tenancies (MCL 554.134).

Just cause for mobile home parks: Specific statutory grounds required.

2. Filing Summary Proceedings

Landlord files SCAO Form DC 102 (Complaint to Recover Possession) in the District Court of the district where the property sits. Filing fee is approximately $45 plus $26 service per defendant.

3. Service and Hearing

Summons must give tenant at least 10 days notice of the hearing (MCR 4.201(C)). Service may be personal, by certified mail, or by posting and mailing.

4. Trial

If tenant appears, court holds a hearing or pretrial. Either party may demand a jury. Tenant may pay all rent and costs at any time before judgment to dismiss a nonpayment case (MCL 600.5744(6)).

5. Judgment and Stay

If landlord wins, court enters a judgment of possession with a 10-day stay before a writ of restitution may issue (MCL 600.5744(3)). Tenant who pays the full amount during the 10 days may avoid eviction.

6. Writ of Restitution

After 10 days, court issues writ of restitution, which the court officer or sheriff executes. Court officer typically schedules the move-out within 7-21 days.

7. Tenant Defenses

Implied warranty of habitability (Rome v. Walker), tender of rent before judgment, retaliation (MCL 600.5720), security deposit offsets, anti-lockout law (MCL 600.2918 — actual damages or $200 plus three times damages), and fair housing.

This is legal information, not legal advice.