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Michigan Eviction Process: A Guide for Residential Landlords

Types of Eviction Notices in Michigan

Michigan law requires landlords to serve written notice before filing an eviction (also called a summary proceeding) for most situations. The type and length of notice depend on the reason for eviction.

 

  • 7-Day Demand for Possession

Used for serious breaches that can be remedied quickly. This 7-day notice applies to nonpayment of rent, extensive damage to the property, serious health/safety hazards, or violence/threats on the premises.  It gives the tenant 7 days to pay overdue rent or correct the issue (if curable) or vacate. If the tenant pays the rent owed within the 7 days, the eviction process must stop.

 

  • 30-Day Notice to Quit

Used for other lease violations or to terminate the tenancy when allowed by law. A 30-day notice is required for situations such as violating a lease term (when the lease allows termination for that violation), a tenant holding over after a lease’s natural expiration (month-to-month or no lease), or other “just cause” evictions (e.g. certain cases in mobile home parks or subsidized housing).  It gives the tenant 7 days to pay overdue rent or correct the issue (if curable) or vacate. If the tenant pays the rent owed within the 7 days, the eviction process must stop.

 

  • 24-Hour Notice

Used only in extreme cases of illegal drug activity on the premises, if the lease has a clause allowing termination for drug activity. The landlord must also file a police report for the misconduct. In this scenario, only 24 hours notice is required before filing for eviction (This is uncommon and should be used only when statutorily allowed).

 

Each notice must state the reason for eviction and the timeframe before further action. For example, a nonpayment notice should state the rent amount due and give 7 full days to pay or quit. A termination notice for a month-to-month tenancy should typically give at least one month’s notice. Using the proper type of notice is critical – Michigan law mandates specific minimum notice periods for each eviction ground, and serving the wrong notice (or no notice) can result in dismissal of the eviction lawsuit.

 

Legal Steps and Notice Delivery Requirements

Before a landlord can file an eviction in court, they must follow certain legal steps:

 

 

1. Prepare a Proper Written Notice

The notice (often titled “Demand for Possession” or “Notice to Quit”) must meet content requirements set by law. Under MCL 600.5716, an eviction notice must include: the tenant’s name, the address or rental unit description, the specific reason for eviction, the time allowed to remedy the issue (or vacate), the date, and the landlord’s signature. Using an official Michigan form can help ensure all required information is present. An oral or text message notice is not valid – the demand must be in writing to be recognized by the court.

 

2. Serve the Notice Properly

Michigan law (MCL 600.5718) specifies how the notice must be delivered to the tenant. Acceptable delivery methods include: hand-delivering the notice to the tenant in person; leaving it with a household member of suitable age at the tenant’s residence (with a request to give it to the tenant); mailing it first-class to the tenant’s address; or electronic service (e-mail) only if the tenant has given written consent to receive legal notices electronically.

Example: You can hand the notice directly to the tenant, or post it by mail. You may only use email if the tenant specifically agreed to e-service in writing (such as in the lease), and even then you must follow the consent procedure (confirmation of the email address, etc.). It’s wise to also keep proof of service (e.g. a mailing receipt or a signed certificate) in case the tenant later claims they never received the notice.

 

3. Wait the Required Time

The “clock” on the notice starts the day after the tenant receives it (or the next business day after mailing). The landlord must wait until the full notice period has elapsed before filing an eviction suit. For example, after serving a 7-day demand for nonpayment, you can only file on day 8 or later (and if you mailed the notice, add an extra mailing day). Filing even a day too early is a procedural error that will likely result in your case being thrown out. During the notice period, the tenant has the chance to cure the issue (e.g. pay rent or remedy the lease violation) if the situation allows. If they do so, the matter is resolved and no eviction filing is allowed.

 

Following these steps and timelines is mandatory. Improper notice or service is a common reason landlords lose eviction cases. Always use the correct notice form and method of delivery to avoid delays. Remember, the eviction notice only grants the tenant time to comply or move; it is not an eviction order. Even after the notice expires, the tenant is not required to leave unless you go to court and obtain a judgment and writ of eviction.

 

Timeline of the Eviction Process in Michigan

Evictions in Michigan are handled as summary proceedings, meaning the court process moves relatively quickly. Here is a typical timeline for a residential eviction:

 

 

1.  Notice Period

This is the initial waiting period after serving the notice, before a lawsuit can be started. Depending on the notice type, the landlord must wait 24 hours, 7 days, or 30 days (or one rental period) as required by law. (For example, after a 7-day demand for nonpayment, if rent isn’t paid by the end of the 7th day, the landlord may proceed to file on the 8th day.) If the tenant cures the default or moves out during this time, the process ends without court. If not, the landlord can prepare to file in court once the notice time has fully run.

 

2. Filing the Complaint

After the notice expires, the landlord may file an eviction lawsuit (called a Complaint for Possession) in the district court for the county or district where the rental property is located. This starts the formal legal process. The filing generally includes a Summons (issued by the court with a hearing date) and a Complaint stating the grounds for eviction, along with copies of the notice that was served (and a copy of the lease, if there is a written lease) attached to the Complaint.

 A filing fee is required (around $45, with additional fees if you’re also requesting money damages). Once filed, the court will schedule an eviction hearing – often within a week or two. Michigan law sets a short timeframe; the hearing is usually scheduled within 3 to 10 days from the date the Summons is issued, making the process faster than ordinary civil cases. You will receive a court date on the Summons, often just about a week after filing (This quick turnaround is why it’s important to have all your paperwork ready and your proof of service in order when you file).

 

3. Serving the Summons and Complaint

After filing, the tenant must be served with the court papers. Michigan requires a two-step service: the court will mail a copy of the Summons and Complaint to the tenant, and the landlord (or a process server) must also deliver the papers by one of several methods. Specifically, the Summons/Complaint must be served by first-class mail AND one of the following: personal delivery to the tenant, delivery to a competent household member at the rental with a request to forward to tenant, or posting at the main entrance after diligent attempts at personal service.

(In practice, many courts mail one copy and require the landlord to post another on the premises if personal service fails.) The law mandates that the tenant receive the papers at least 3 days before the hearing in most cases【16†L187-195】【16†L211-218】. Proper service of the court summons is critical – if the tenant isn’t served per the rules, the court may reschedule the hearing or dismiss the case. Note: Only an uninvolved adult (process server, court officer, etc.) should serve the summons; the landlord or their attorney should not personally serve these papers【16†L189-198】【16†L201-204】.

 

4. Court Hearing (Trial)

On the hearing date, both parties have the opportunity to appear in court and present their case. Eviction hearings in district court are typically informal and fast. As the landlord (plaintiff), you must prove a lawful reason to evict – e.g. unpaid rent or lease violation – with evidence such as the lease agreement, ledgers, notices, photos of damage, etc.

The tenant (defendant) will have a chance to respond and can raise defenses or counterclaims (such as alleging the landlord failed to repair the property or that the eviction is retaliatory). Many cases are resolved on the hearing date either by default or by agreement. Common outcomes at the hearing include:

 

  • Default Judgment

If the tenant fails to appear at the hearing, you can ask the court for a default judgment in your favor. In a default, the judge will typically grant you a Judgment for Possession (and possibly a money judgment for unpaid rent or damages) since the tenant did not show up to contest. By Michigan law, even after a default judgment, you must wait at least 10 days before eviction (see below). If the landlord fails to appear but the tenant does show up, the case may be dismissed or a judgment entered for the tenant, so it’s important for the landlord to attend.

 

  • Mediation or Settlement

If both parties appear, the court may encourage you to talk and see if you can reach a compromise. Often, last-minute agreements are made right before trial. For example, you and the tenant might agree to a payment plan or move-out date, which can be recorded in a consent judgment or a conditional dismissal (an agreement that the case will be dismissed if the tenant meets certain conditions by a deadline). These agreements are common and can save time – but be sure any deal is put in writing or on the court record.

 

  • Contested Trial

If no agreement is reached, the case proceeds to a brief trial before the judge (or a jury, if demanded – though jury trials in eviction cases are rare). Each side can present evidence and witnesses. The judge will decide whether the landlord proved a legal ground for eviction and, if so, whether the tenant’s defenses (if any) defeat the claim.

For example, if the issue is nonpayment of rent, the landlord proves the rent wasn’t paid, and the tenant might try to prove rent was withheld lawfully due to serious repair problems. After hearing both sides, the court will issue a decision, either granting judgment to the landlord (ordering eviction) or dismissing the case (allowing the tenant to stay).

 

5. Judgment and Waiting Period

If the judge rules in your favor and grants a Judgment for Possession, you do not get immediate possession that same day. By statute, the court cannot issue the final eviction order (writ of eviction) for at least 10 days after judgment in most cases, This is essentially a built-in waiting period. Those 10 days give the tenant a last chance to fix the issue or appeal: for instance, if the eviction was for unpaid rent and the tenant pays all rent and costs within that 10-day window, the court may allow them to stay (this is sometimes called the “right to cure” or redemption period for rent cases).

The 10 days also allow time for the tenant to appeal or seek relief from the judgment by paying an appeal bond. Important: In a few extraordinary situations, the law permits an immediate eviction order without waiting 10 days. These are cases involving severe ongoing dangers or illegal activity – for example, illegal drug activity, a tenant causing serious and continuing damage or health hazards, unlawful forceful entry or holdover by force, or certain code compliance orders in subsidized housing.

In such cases (MCL 600.5744(3)), a judge can order the eviction to proceed at once. Outside of those scenarios, however, the standard 10-day stay applies to all eviction judgments. During this period, as the landlord you should monitor whether the tenant moves out voluntarily or not, but you cannot remove them yet.

 

6. Writ of Eviction (Order of Eviction)

If the tenant remains past the 10-day post-judgment period (and no appeal or agreement is in place), the landlord must take the final step of requesting a writ of eviction from the court. This is typically done by filing an Application for Order of Eviction (Form DC 107) with the court after the waiting period expires.

The Order of Eviction (also called a writ of restitution or possession) is the legal document that authorizes a public officer to remove the tenant. Once the court issues the writ, it is usually given to a court officer or the county sheriff’s department for enforcement. Only a court-appointed officer (e.g. a sheriff’s deputy or court bailiff) can execute the eviction – landlords are not allowed to enforce it themselves.

The officer will typically contact the landlord to schedule the physical eviction. The timeline for enforcement can vary by county workload, but by court rule the writ must be executed within 56 days of issuance or it expires.

On the scheduled eviction date, the officer will arrive at the property, remove the tenant (and any other occupants), and oversee the removal of the tenant’s personal belongings. After the officer has executed the writ, the landlord regains possession and may change the locks. If the tenant left belongings behind, follow Michigan’s laws on abandoned property or any court instructions (some locales require you to store items for a short period; others allow you to consider them abandoned – check your local court rules).

 

 

In summary, a straightforward eviction for nonpayment of rent in Michigan (with no delays or complications) often takes around 3 to 4 weeks from notice to removal: ~7 days for the notice, ~7-10 days to get a court hearing, 10 days after judgment for the writ, and a few days for the sheriff to schedule the eviction. Contested cases or those with delays (e.g. adjournments, appeals, or conditional payment agreements) will take longer. Always adhere to the required waiting periods and procedures at each phase, since trying to rush the process can backfire legally.

 

Filing an Eviction Lawsuit and What to Expect in Court

 

 

Starting the Lawsuit

To initiate an eviction in court (after the notice period), you will file a Summons and Complaint for Possession with the appropriate district court. Michigan uses standardized forms for these documents (see the Forms section below). You must use the district court (or municipal court, in some cities) that has jurisdiction over the location of the rental property. When filing, include: the completed Complaint form (stating your grounds for eviction and any rent/damages sought), a Summons form (the court clerk will issue this, setting the hearing date), and copies of your prior notice (the demand or notice to quit) attached to the complaint.

If there’s a written lease, attach a copy of that as well to help prove the tenancy terms.

 Failing to attach the notice or required documents can result in a delay or dismissal. Once filed, the clerk will stamp a hearing date on the summons – as noted, usually within about 1 week to 10 days. You will then arrange service of the summons/complaint on the tenant as described in the timeline above.

 

Court Fees

Expect to pay a filing fee when you file the complaint. The fee in Michigan is roughly $45 for possession-only cases. If you are also requesting a money judgment (unpaid rent or damages), additional fees typically apply (usually $25–$150 extra, depending on the amount claimed)【16†L161-169】. These costs can later be added to the judgment against the tenant if you win.

 

Preparing for the Hearing

Because eviction hearings happen quickly, prepare your case file in advance. Bring all relevant documents: the lease, rent ledgers or payment records, copies of the notice you served (and the proof of service), photographs of any property damage or violation, inspection reports, and so on. It’s the landlord’s responsibility to prove the case by a preponderance of evidence (i.e. more likely than not). 

If you have witnesses (e.g. a property manager who served the notice or a neighbor who can attest to a lease violation), make sure they know the hearing date and attend. The court will ask you to present your side first as the plaintiff. Then the tenant can respond.

 

What to Expect in the Courtroom

Eviction cases in Michigan are typically heard by a district court judge or sometimes an attorney magistrate. They are usually short, often scheduled in blocks with many cases at once. When your case is called, be prepared to succinctly state the reason for eviction and the evidence. The judge will verify that proper notice was given and that a lawful ground for eviction exists.

If the tenant is present, the judge will also hear the tenant’s side. Tenants may simply deny the allegations, or they might raise specific defenses (covered in the next section). Commonly, tenants will talk about conditions of the property or disputes about the amount of rent due. The judge might ask questions or encourage a settlement in the hallway if it seems possible. If the tenant has a legal defense or counterclaim, the judge could schedule a separate trial date, but often, even contested eviction cases are decided at the initial hearing if the facts are straightforward.

 

Possible Outcomes

After both sides speak or after a default (if the tenant no-shows), the judge will issue a ruling, usually immediately. Outcomes include:

 

  • Judgment for Possession

If the landlord wins, the court enters a judgment granting you possession of the property (and possibly a money judgment for unpaid rent or damages). The judgment will note when an eviction order (writ) can issue – typically 10 days from judgment as described earlier. You’ll use this judgment to request the writ after the wait period. The tenant will be informed of the judgment and the 10-day period to comply or appeal.

 

  • Dismissal of Case

If the tenant wins (for example, the court finds you didn’t meet a requirement, or a valid tenant defense applies), the case will be dismissed and the tenant retains possession. Sometimes dismissals are “without prejudice,” meaning you can correct an error (such as re-serving a notice properly) and refile if needed. A dismissal might also occur if you and the tenant reach an agreement to resolve the matter and you choose to dismiss the case (or the tenant moves out before the hearing and you no longer need the court order).

 

  • Consent Judgment / Conditional Dismissal

If you and the tenant reached an agreement (either before the hearing or with the help of a court mediator or the judge), the terms may be entered as a consent judgment or a conditional dismissal. For example, a consent judgment might state that a judgment for possession will enter but will not be enforced (no writ) if the tenant pays a certain amount by a certain date – effectively giving the tenant one last chance to comply. A conditional dismissal might state the case is dismissed now, but can be reopened or a judgment entered if the tenant fails to move out or pay as agreed. These arrangements are often used to avoid immediate eviction while protecting the landlord’s rights if the tenant defaults on the agreement.

It’s important as a landlord to clearly understand the terms and ensure they are put in writing or on the record. If the tenant violates a consent/conditional order, you will likely need to file a proof of non-compliance and request the eviction order (Form DC107a is used for post-judgment eviction after conditional dismissal.

 

 

During the hearing, remain calm and factual. Address the judge (not the tenant) and stick to the relevant facts of the case (payment history, lease clauses violated, etc.). Michigan courtrooms often have a mediation program or housing counselor present – landlords and tenants can attempt mediation to reach a mutually agreeable move-out or payment plan at any time before the judge issues a decision. If the tenant requests a jury trial or an adjournment, the case might be delayed (tenants have a right to jury trial if demanded at the first hearing and they pay a jury fee), but this is rare in eviction cases.

In most instances, the eviction case will be concluded at that initial hearing with either a judgment or an agreement. If you win a judgment, remember that you cannot immediately evict – you must go through the process of obtaining a writ and having it executed by the sheriff, as detailed above. If you lose, consider the reason (e.g. a notice defect or a credible tenant defense) and whether it can be remedied or if an appeal is possible. Landlords can appeal an adverse decision to the circuit court, but appeals are costly and the tenant may be allowed to stay during the appeal if they pay an appeal bond, so it’s usually better to correct any errors and refile if appropriate.

 

Tenant Defenses and How They Can Affect the Eviction

 

 

Tenants have the right to contest an eviction and may raise legal defenses that, if proven, can defeat the landlord’s claim and allow the tenant to remain in the property. As a landlord, it’s important to be aware of these potential defenses, both to avoid giving a tenant valid grounds to fight the eviction and to be prepared to address them in court. Common tenant defenses in Michigan include:

 

  • Retaliatory Eviction

Michigan law (MCL 600.5720) protects tenants from retaliatory evictions. If you move to evict a tenant within 90 days after the tenant has engaged in certain protected activities, the eviction may be presumed retaliatory.

Protected activities include the tenant complaining to a government agency or code enforcement about health or safety violations, exercising legal rights under the lease or law, joining a tenant organization, or asserting other housing rights. For example, if a tenant called the city about a mold problem or withheld rent lawfully for repairs, and you served an eviction notice shortly after, the court will likely suspect retaliation. In Michigan, if the tenant shows they engaged in a protected activity within the last 90 days, the burden is on the landlord to prove the eviction is for a legitimate reason and not in retaliation. A successful retaliation defense will result in the eviction being denied (the tenant stays).

How to avoid it: Always document legitimate reasons for eviction (like nonpayment) and timing. If a tenant has recently complained or exercised rights, be extra sure that any eviction action is for independent, valid reasons and, if possible, wait beyond the 90-day window or address the complaint issue first.

 

  • Payment or Redemption

If the eviction is for nonpayment of rent, a tenant can often block the eviction by paying all rent due (plus allowable costs) even after the case is filed. Michigan’s summary proceeding doesn’t explicitly give a pay-and-stay right beyond the statutory 7-day notice period, but practically, if the tenant pays all the rent owed before or at the court hearing, many judges will consider the matter resolved.

The tenant can present proof of payment to the court. As a landlord, you can choose to accept payment and dismiss the case (or convert it to a money judgment only). If full payment is made and you refuse it, the judge may be reluctant to evict.

Note: After a judgment, the tenant’s ability to redeem is limited (they would have to pay everything before the 10-day period ends to avoid the writ). Still, expect that a tenant who can come up with the money last-minute will use it as a defense.

Tip: If you receive full payment, Michigan law generally requires you to dismiss or not proceed with a nonpayment eviction.

If you want to both collect rent and regain possession (for example, tenant chronically pays late), consult an attorney – accepting rent can waive the default. It’s often better to accept the rent and stop the eviction, or if you truly want possession, refuse payment after the deadline so the case can proceed (but never refuse rent unreasonably if it could jeopardize your case).

 

  • Landlord’s Breach of Warranty of Habitability / Repair Issues

Tenants may defend an eviction by arguing that the landlord failed to maintain the property and that any rent withholding or lease noncompliance on their part was justified by the landlord’s violations. Michigan landlords have a duty to keep rental units fit for habitation (e.g. working heat, water, no serious hazards). If a tenant properly withholds rent or makes repairs and deducts due to serious issues, the court may consider this a defense to nonpayment. To use this defense, the tenant generally must prove: (1) the landlord was notified of the problem and failed to fix it in a reasonable time, (2) the problem was substantial (affecting health or safety or essential services), (3) the tenant either deposited the withheld rent into an escrow account or spent an appropriate amount on repairs, and (4) the amount withheld was proportionate to the problem.

The tenant should also show they were ready and willing to pay the rent but for the issues. If the tenant meets this high bar, the court might reduce the rent owed or even dismiss a nonpayment eviction, ordering the landlord to make repairs. Landlord response: document that you address repair requests promptly. If a tenant is withholding rent improperly (without escrow or notice), you can counter that they did not follow the legal requirements. However, if there are serious habitability problems, it’s often best to fix them before or during the case – judges may be sympathetic to tenants living in substandard conditions.

 

  • Improper Notice or Procedure

A very common “defense” (or more accurately, a procedural challenge) is the tenant claiming the landlord did not follow the required steps. For instance, the tenant might argue that they never received a proper written notice, or that the notice was deficient or served incorrectly. They might point out that the lawsuit was filed too soon (before the notice period expired), or that the complaint didn’t have the notice attached, etc. These issues can result in a case being dismissed or delayed even if the underlying reason (like nonpayment) is true, because courts enforce the notice requirements strictly.

For example, if you served a 30-day notice but only waited 20 days to file, the case will be thrown out for premature filing. Or if you gave a “Notice to Quit” for a nonpayment situation (instead of the required 7-day demand), the court may find the notice improper. Likewise, if the tenant was served only by posting on the door without the required mailing, that can be a defense. Prevention: as discussed, use the correct notice form, method, and timing. If a tenant raises this, the usual result is dismissal without prejudice – you can correct the error and start over with a new notice. It’s frustrating, so it’s better to get it right the first time.

 

  • Discrimination or Violation of Other Laws

A tenant might claim the eviction is based on unlawful discrimination (race, religion, disability, etc.) or that the landlord is violating other laws (e.g. attempting to evict after an illegal utility shutoff or as punishment for the tenant asserting Fair Housing rights). These defenses are less common in the summary proceeding itself (since discrimination can be hard to prove and is usually handled via separate legal action), but be mindful.

For example, if a tenant with a disability claims you refused to accommodate them and are evicting them for behavior related to their disability, the court will take note. Another example is if you evict shortly after the tenant complained about lead paint or joined a tenant union – this overlaps with retaliation defense as well. Bottom line: always ensure you have a legitimate business reason for an eviction and are in compliance with anti-discrimination and other housing laws to avoid these issues.

 

 

If a tenant successfully proves a valid defense, the eviction will not be granted and the tenant will generally be allowed to remain. Often, even raising a defense can slow down the process – the court might adjourn the hearing to allow the tenant to deposit rent in escrow or give the landlord time to fix something. From a landlord’s perspective, the best strategy is prevention: maintain your property, follow the law, and keep good documentation, so that if you do have to evict, the tenant has no technical or substantive grounds to fight the case.

If a tenant does raise defenses, listen carefully and be prepared to rebut them with evidence (e.g., repair logs, photographs, proof of notice, etc.). In some cases, it may be worth negotiating a move-out agreement rather than litigating a complicated defense – for example, a cash-for-keys deal where you pay the tenant to move out rather than spending time and money in court (ensure any such agreement is in writing and preferably entered in court as a consent order).

 

Obtaining and Enforcing a Writ of Eviction (Restitution)

Winning an eviction judgment is not the end of the process – enforcement is the final step. As noted, after winning in court you must wait for the judgment to “mature” (usually 10 days). If the tenant has not moved out or complied by the end of that period, you must obtain a writ of eviction (also called an Order of Eviction or writ of restitution) to have them forcibly removed.

 

 

  • Applying for the Writ

In Michigan, the landlord typically needs to file an application with the court for issuance of the writ. This is often a simple one-page form (Form DC 107, Application and Order of Eviction) that you fill out and submit to the clerk after the 10 days have passed.

The application will reference your case, the judgment date, and assert that the tenant has not satisfied the judgment (e.g. they haven’t moved or paid up in time). Once you file the application (and pay any fee, if required – some courts have a small fee for the writ), the judge or clerk will review it and, if everything is in order, sign the Order of Eviction. It’s wise to check the local court’s process: in some courts, the order might be issued automatically on request; in others, you might need to appear or at least ensure the 10 days have indeed elapsed as stated in the judgment.

 

  • Coordination with Sheriff/Court Officer

After you have the signed eviction order, you must contact the court officer authorized to execute it. Many Michigan district courts employ court bailiffs or have arrangements with the county sheriff’s civil division to handle evictions. The **Order of Eviction will typically state the timeframe for execution (e.g., “must be executed within 56 days”) and is directed to any court officer or sheriff in the county.

You should call the number provided by the court for scheduling evictions. The officer will usually schedule a date and time with you when they will meet at the property. This could be a few days out depending on how busy they are and any local rules (some places require a 24-hour notice to be posted on the property by the officer before the actual eviction, for example).

 

  • Day of Eviction

On the scheduled date, the sheriff’s deputy or court officer will arrive at the rental unit. Only these officials are legally empowered to remove the tenant or padlock the property – a landlord must never personally remove the tenant or their possessions without the officer. The officer will typically knock and inform any occupants of the eviction order. If the tenant is present, they will be ordered to leave immediately. If the tenant refuses, the officers can physically escort them out. The officers will also oversee removal of the tenant’s personal property from the unit. In many Michigan jurisdictions, the practice is to place the tenant’s belongings to the curb or roadside.

As a landlord, you may be required to provide some labor to move items (or hire movers) – check local practice. The writ gives you the legal right to remove the tenant’s goods to the curb or another storage area. The presence of law enforcement ensures this is done peacefully. Once the premises are cleared, the officer will turn possession over to you. You should then change the locks immediately to secure the property. The officer might ask you to sign a form acknowledging execution of the writ.

At this point, the eviction is complete and the tenancy is terminated. If the tenant later tries to re-enter, it would be trespassing. In the rare event a tenant remains or returns after the sheriff’s eviction, contact law enforcement – do not take matters into your own hands.

 

  • Storage of Tenant’s Property

Michigan law does not provide a specific statute for post-eviction storage of belongings; practice varies. Generally, because the eviction was carried out by court order, any property left behind can be treated as abandoned. Some courts or local ordinances require a short holding period or a notice to the tenant. It’s a good idea to document what was removed (photos/video) to protect yourself from claims of missing property. If the tenant contacts you later about belongings, you can decide whether to allow retrieval or not, but legally after eviction you typically have no obligation to safely store items (again, verify local rules or any condition in the writ).

 

  • Writ Expiration

Note that the Order of Eviction is time-limited. If you do not execute (use) it within 56 days, it expires and you would need to get a new order. So don’t delay once you have the writ; coordinate with the officer promptly. 

Throughout the writ process, maintain professionalism. The presence of the sheriff means you should not engage in any arguments with the tenant. In some cases, a tenant might vacate before the sheriff arrives – if so, you should still have the officer come and do a walkthrough, just to verify the unit is vacant and enforce the order (preventing any further occupancy). After regaining possession, you can assess damages and make any necessary repairs. If you obtained a money judgment for unpaid rent or damages, you can then proceed with collection efforts (such as wage garnishment or small claims actions) separately, but those are post-eviction matters.

 

  • Remember

Under Michigan law, self-help evictions are illegal. You must use the court process and sheriff for removal. Any attempt to remove the tenant yourself or shut off utilities, even after the notice period or even after getting a judgment but before the sheriff comes, is unlawful and can subject you to penalties. The writ of eviction is your legal ticket to repossess the property, and the sheriff is your enforcement agent.

 

Official Michigan Forms and Legal Resources for Landlords

 

 

Navigating an eviction is easier with the right forms and guidance. Michigan’s State Court Administrative Office (SCAO) publishes official forms for every step of the eviction process, and there are statutes and guides that can help you comply with the law. Below is a list of key forms and resources:

  • Demand for Possession – Nonpayment of Rent (Form DC 100a): This is the 7-day notice form for nonpayment of rent. It cites MCL 600.5714(1)(a) and provides blanks to fill in the rent owed, etc. Serving this form is the proper way to start a nonpayment eviction.
  • Demand for Possession – Damage/Health Hazard (Form DC 100b): This is a 7-day notice form for evictions based on substantial damage to the property or a serious health hazard caused by the tenant (It is similar in format to the 100a, with the appropriate reason cited).
  • Notice to Quit – Termination of Tenancy (Form DC 100c): This is the general Notice to Quit form, often used for 30-day notices. It’s used to terminate a tenancy for reasons other than nonpayment – for example, a month-to-month tenancy termination or a lease violation where the lease allows eviction. It covers the 30-day notice requirements under MCL 600.5714(1)(c).
  • Complaint, Nonpayment of Rent (Form DC 102a): This is the court Complaint form for cases of unpaid rent. It is filed in court after the 7-day notice if the tenant hasn’t paid. The form lets you itemize rent owed and any late fees or costs allowable.
  • Complaint, Termination of Tenancy / Other Grounds (Form DC 102c and others): Form DC 102c is a general Complaint to Recover Possession of Property for reasons like holdover or other lease breaches. There is also a DC 102b (for damage/health hazard cases). Use the complaint form that matches your reason for eviction so that the allegations line up with the notice you gave.
  • Summons, Landlord-Tenant (Form DC 104): This is the Summons issued by the court when you file your complaint. It informs the tenant of the court date and their rights (e.g. right to jury trial, right to counsel). The court clerk usually completes this, but you can download it to see what information is required.
  • Judgment, Landlord-Tenant (Form DC 105): If the case is resolved in court, the judge will sign a Judgment of Possession on this form. It notes who wins, any money awarded, and the earliest date an eviction order can issue. Landlords generally don’t need to fill this out themselves (the court prepares it), but it’s good to know what it contains.
  • Application and Order of Eviction (Form DC 107): This form is used after you win to request the writ of eviction. The top part is the application you fill out; the bottom is the order the judge signs. It specifies the case, judgment date, and orders the sheriff/court officer to evict after the given date.
  • Request and Order for Eviction after Conditional Dismissal (Form DC 107a): If you reached a conditional dismissal (e.g. tenant agreed to pay by a certain date and the case was dismissed conditioned on that), and the tenant fails the condition, this form is used to revive the case and get an eviction order. Essentially, it tells the court the tenant didn’t comply and asks for the previously agreed eviction order to be entered.
  • Advice of Rights (Form DC 538): This is an informational sheet often served with the summons, detailing tenants’ rights and resources (like legal aid or rental assistance). As a landlord, you don’t fill this, but know that tenants must receive it. Ensuring the court provides this (or attaching it if required by local practice) is important as some courts won’t proceed without proof the tenant got this notice.

 

All of these forms are available for free on the official Michigan Courts website. The SCAO maintains a page for Landlord-Tenant & Land Contract Forms where you can download the latest versions of each form (as PDFs that you can fill out). Local district courts often have these forms available at the courthouse and sometimes on their own websites as well. It’s highly recommended to use the most current forms (check the revision date on the bottom – e.g., DC 100a was Rev. 5/22. Using official forms helps ensure you comply with Michigan court rules and statutory requirements.

 

Michigan Legal Resources:

In addition to forms, here are some helpful legal resources for Michigan landlords:

  • Michigan Compiled Laws (MCL) – Summary Proceedings Act

The primary statutes governing evictions are found in the Revised Judicature Act of 1961, Chapter 57 (MCL 600.5701 through 600.5759). Key sections include MCL 600.5714 (grounds for eviction and required notice periods). MCL 600.5716 (written notice content requirements). MCL 600.5718 (methods of serving notices), MCL 600.5720 (retaliatory eviction defense),  MCL 600.5735 (filing of complaint and summons issuance), MCL 600.5741-5744 (judgments and writs of restitution). You can read these laws on the Michigan Legislature’s website or find summaries of them in various guides. Knowing the law will help you understand your rights and obligations throughout the process.

  • Michigan Court Rules – Rule 4.201

Court rule 4.201 specifically covers landlord-tenant summary proceedings and outlines procedures (e.g. how soon the hearing must be set, how service must be done, etc.). This is more technical but is the authority on procedural points not explicitly in the statutes.

  • Michigan Tenants and Landlords: A Practical Guide

This is an official guide published by the Michigan Legislature (often updated by legislative services). It provides a comprehensive overview of landlord-tenant law in Michigan, including a chapter on evictions from both landlord and tenant perspectives. It’s written in Q&A format and is very informative on notice requirements, court process, and rights. This guide is available as a PDF on the Michigan Legislature’s site and is highly recommended reading for landlords managing properties statewide.

  • Michigan Legal Help

The Michigan Legal Help website (michiganlegalhelp.org) is a reputable resource (though aimed primarily at tenants and self-represented individuals). It has articles explaining evictions, timelines, and even a tool to help tenants draft an answer to an eviction. While it’s from the tenant’s point of view, landlords can benefit from seeing the information tenants are receiving. It clearly lists valid reasons for eviction and required notices, and outlines illegal eviction tactics (so you know what not to do). Being familiar with this content can help you avoid missteps that tenants will be informed about.

  • Local Court Websites

Many district courts in Michigan have sections on their websites for landlord-tenant cases. They often provide local instructions, schedules, and sometimes even online filing systems (for example, Detroit’s 36th District Court allows online filing of eviction cases). Check your local court’s website for a landlord-tenant FAQ or packet.

  • Landlord Associations

Consider resources from Michigan landlord associations or property management groups. They often publish guides or hold seminars on evictions and legal compliance. While not “official” law, these can provide practical tips and keep you updated on any changes (for instance, eviction moratoriums or new regulations).

 

Always ensure that any form you use or advice you follow is specific to Michigan – landlord-tenant law is state-specific, and Michigan’s requirements (like the 7-day notice for nonpayment, etc.) will differ from other states.

 

Common Mistakes Landlords Make (and How to Avoid Them)

Even well-meaning landlords can stumble on procedural requirements or legal pitfalls during an eviction. Here are some common mistakes in the Michigan eviction process and tips on how to avoid them:

 

 

  • Skipping the Notice or Using the Wrong Type of Notice

One of the biggest mistakes is failing to serve a proper notice before filing for eviction. Michigan law is very strict on this point – you must give the correct form of notice with the correct timeframe for the specific reason. For example, if the tenant hasn’t paid rent, you must serve a 7-Day Demand for Possession for nonpayment; giving a 30-day generic notice to quit in that scenario is improper. Conversely, if you simply want to end a month-to-month tenancy with no cause, you need to give a one-period (30-day) notice, not a 7-day. Serving no notice at all (or only a verbal “get out now” warning) will doom your case, as courts will not recognize an oral demand for possession.

Avoid this mistake: Always use a written notice and ensure it’s the correct one. Utilize the SCAO forms (DC 100a, 100c, etc.) which are tailored for the common situations. Double-check the notice timing – mark the date you served it and count out the days (remembering to exclude the day of service and add mailing time if mailed). If you’re unsure which notice to use, consult an attorney or refer to the statute (MCL 600.5714) which lists the reasons and required notice periods.

 

  • Improper Service of Notices or Court Papers

Another frequent mistake is not delivering the notice (or later, the court summons) in a legally acceptable way. Michigan law outlines specific methods to serve a notice to quit or demand for possession (in-person to tenant, leaving with adult household member, first-class mail, or in some cases email with consent). Simply taping the notice to the door or sliding it under the door is not a listed valid method for the initial notice – unless you also send it by mail, that could be invalid service. Similarly, when serving the Summons and Complaint, landlords sometimes attempt to hand-deliver them or fail to mail a copy, etc., which can violate court rules (service of summons generally must involve mailing by the court and either personal delivery or posting by an authorized person).

Avoid this: Follow the service rules exactly. If you deliver the notice in person, great – but also consider mailing a backup copy for documentation. If you mail the notice, do it by first-class mail (you can do certified for extra proof, but it’s not required by law for the initial notice – first-class is acceptable.

Keep evidence – a certificate of mailing from the post office or a signed affidavit of service. For the court papers, it’s often easiest to have a court officer handle service or at least carefully read MCR 4.201 on how service must be done. Never assume a tenant received something – make it virtually certain by using the prescribed methods. And remember, email or text service is only valid if the tenant agreed in writing ahead of time. Absent that, don’t rely on electronic notices.

 

  • Filing the Lawsuit Too Early

Timing is critical. If you file an eviction complaint before the notice period has fully run (including that extra day for mailing if applicable), the case is likely to be dismissed. For example, a 7-day notice served on January 1 means you can file on January 9 (if served in person) or Jan 10 (if served by mail, due to no mail on Sundays/holidays). Filing on Jan 8 would be one day short – a fatal error. Also, if you give a month’s notice that ends in the middle of a rental period, that might be ineffective (the notice typically should correspond to the rental period end date).

Avoid this: Triple-check your dates. Use a calendar or online calculator to add the days. When in doubt, err on the side of giving a bit more time. It’s better to file a couple of days late than a day too early. Also, ensure your notice is properly dated and that you count from the day after service. If serving by mail, remember the law says the clock starts on the next mail delivery day (and not on Sunday or a holiday), so effectively add at least one mailing day.

 

  • Not Including Required Attachments or Info in the Complaint

Michigan court rules require that a copy of the eviction notice (demand for possession or notice to quit) be attached to your Complaint when you file. If you forget to attach it, the tenant can argue the case should be dismissed for non-compliance (or at least you’ll face a stern judge and need to amend or produce it). Also, if there’s a written lease, it’s best practice (and in some courts required) to attach a copy of that to the complaint as well, so the judge can verify any lease terms that are relevant (like a specific lease clause that was violated, or that rent is indeed that amount).

Avoid this: Always attach a copy of the notice you served (keep a copy when you serve the original to the tenant). Attach the lease or rental agreement if one exists. When filling out the complaint, fill it completely and accurately – including the basic facts like the rental property address, the amount of rent due (if claiming rent), and the reason for eviction matching the notice. Any discrepancy (e.g. your notice was for nonpayment of December rent, but your complaint lists a different month or adds new reasons) can cause confusion or legal issues. The complaint should not introduce a brand new reason that wasn’t in the notice; you can only evict for the reasons that were stated in the notice.

 

  • Engaging in “Self-Help” Eviction Tactics

This is a major pitfall. No matter how frustrating a situation, a landlord must not resort to changing locks, shutting off utilities, removing doors, or physically removing a tenant without a court order. These self-help actions are illegal in Michigan. Even after you have a judgment, until the sheriff executes the writ, you cannot personally evict the tenant. Some landlords mistakenly think if the notice expires or even if the court date has passed and they won, they can just toss the tenant’s belongings or lock them out – absolutely not. Michigan law explicitly forbids acts like utility shut-offs, padlocking doors, or using force to make the tenant leave without a sheriff’s eviction order. Tenants can sue landlords for self-help evictions and may recover treble (triple) damages or statutory penalties (e.g. $200 per day of illegal lockout).

Avoid this: Be patient and follow the legal process to the letter. If the tenant is violating the lease or even committing illegal acts, you still must go through the court. Always wait for the court officer to perform the removal.  If you’re concerned about something urgent (like criminal activity), involve the police – but do not take eviction into your own hands. Not only can self-help cost you money in damages, it can completely derail an eviction case (judges do not look kindly on landlords who engage in such conduct).

 

  • Accepting Partial Rent Payments During the Eviction Process

Accepting money from a tenant after you’ve started an eviction can sometimes complicate or invalidate your case. The general principle is that if you accept rent covering a period of time beyond the date you claimed possession, you might inadvertently “reset” the tenancy. For example, if you issue a 7-day demand on March 1 for March’s rent and then, after filing, the tenant pays you for March or part of it, you could be viewed as waiving the default or creating a new agreement. Michigan’s court forms for judgments often have a warning that partial payment will not stop the writ once a judgment is entered, but prior to judgment, acceptance of rent can be tricky.

Best practice: If you receive a partial payment after the notice but before judgment, clarify in writing (with the tenant) how it will be applied and that you’re not waiving your right to continue the eviction. In some cases, it may be better to refuse a partial payment (or hold it but not cash it) until the court hearing, to avoid any argument that the eviction should be halted. Alternatively, if the tenant offers the full amount due plus costs, you might choose to discontinue the eviction. Just be careful – consult with a lawyer if unsure – because taking money for a period of time after the eviction date can nullify your notice. Many landlords make the mistake of accepting a bit of money to be nice, only to find the judge dismisses the case because now the rent due is different or the default is cured. If you do accept partial payment, you might have to adjust your complaint to reflect the new balance due by the time of the hearing and explain to the judge what the payment was for. In summary, during an eviction, it’s usually all or nothing – either require payment in full or proceed with eviction; don’t let the tenant string you along with partial payments unless it’s part of a formal settlement.

 

  • Poor Documentation and Record-Keeping

Some landlords lose cases or face challenges simply because they don’t have their paperwork in order. If you show up to court without a copy of the lease, or you don’t have a ledger proving how much rent is owed, it’s your word against the tenant’s. Similarly, not documenting incidents (like complaints about a tenant’s behavior, or repair requests) can hurt if the tenant raises an issue.

Avoid this: Maintain a paper trail. Keep copies of all notices served, all letters or emails to/from the tenant, and a detailed rent payment log. When receiving cash, always give receipts and keep duplicates. Photos and inspection reports are useful if property condition is an issue. If you have to present a case, being organized and having evidence impresses the court and undercuts any false statements by the tenant.

 

  • Not Being Familiar with (or Ignoring) Tenant Rights

A common mistake is forging ahead with an eviction without considering whether the tenant has any legal protections that you must respect. For instance, if the tenant is on a fixed-term lease, you generally cannot evict before the term ends without cause – trying to use a 30-day notice to break a lease early is not valid unless the lease has an early termination clause for that situation. Or, if the tenant has made use of a repair and deduct remedy properly, you need to account for that. Another example: active military service members have protections under federal law (Servicemembers Civil Relief Act) that can delay evictions.

Solution: do a quick check: Is the tenant in any special category (subsidized housing, military, etc.) that gives them extra time or defenses? Is this eviction in any gray area like during winter (Michigan doesn’t have a winter eviction prohibition, but some locales have rent assistance programs in winter)? Being aware of these things helps you avoid missteps like serving a notice that violates a subsidy “just cause” rule or failing to file required paperwork (some subsidized tenancies require sending a copy of the notice to a housing authority).

 

  • Retaliation or Improper Motive

We mentioned retaliatory eviction as a tenant defense. Landlords sometimes make the mistake of reacting in anger to a tenant’s complaint by rushing to evict. If the timeline suggests retaliation, not only could you lose the eviction, but you might expose yourself to legal action by the tenant. Similar for discrimination – even unintentional remarks or actions could be used against you.

Avoid this: Always base evictions on business reasons (nonpayment, lease violations) and keep documentation of those reasons. If a tenant is a thorn in your side for complaining, resist the urge to “get rid of them” unless you have independent grounds. Focus on solving the complaint (if it’s legitimate) or documenting lease breaches. If you do proceed with eviction within a short time of a tenant exercising rights, be prepared to show clear evidence that it was due to something like nonpayment, not their lawful complaint.

 

  • Mishandling the Eviction Day

Occasionally, landlords make mistakes during the actual eviction (writ execution) – for example, getting into a confrontation with the tenant or disposing of property improperly. Remember, on eviction day, the sheriff is in charge. If the tenant is aggressive or refuses to leave, let the officers handle it. Don’t touch the tenant or their family. Also, follow any instructions the officers give about the tenant’s belongings; if they say leave items by the curb, do that – don’t, for instance, decide to keep the tenant’s TV as “collateral” for unpaid rent (that could be considered conversion/theft).

Avoid this: Stay professional and hands-off during the physical eviction. Have changed locks ready to secure the unit once cleared. If the tenant is present and trying to negotiate a last-minute extension or to leave stuff, you can certainly be humane (e.g. allow them to take essential items), but you are not obligated to delay the eviction at that point – any leniency is at your discretion and risk. Many landlords err by either being too lenient (letting the tenant stay “just one more week” which may require starting over if not handled right) or too harsh (throwing belongings carelessly, which can lead to claims of property damage). Strive for a balanced, by-the-book approach.

 

By avoiding these common mistakes, you greatly increase the chances of a smooth and successful eviction. When in doubt about any step, consult an attorney or refer to the official guides and court rules. Eviction is a process where details matter, and as a landlord, taking the time to do it correctly is far better than doing it hastily and facing a setback in court. With the right preparation and adherence to Michigan’s laws, you can navigate the eviction process efficiently while protecting your rights and minimizing liability.

 

Sources

 

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