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Michigan – Stabilizing Eviction Filings and New Tenant Protection Initiatives

Michigan – Stabilizing Eviction Filings and New Tenant Protection Initiatives

Michigan’s eviction landscape in 2025 presents a contrast to Sun Belt states. Eviction filings in Michigan have returned to pre-pandemic norms but not dramatically exceeded them, and policymakers are pushing reforms to address housing instability and fairness in the eviction process. In 2023, Michigan recorded approximately 159,000 eviction case filings statewide, essentially back to the annual average of 170,000–190,000 seen in 2017–2019. Unlike states experiencing new peaks, Michigan’s filings have been holding around baseline levels rather than skyrocketing. That said, eviction is still a major concern: on any given day, dozens of cases move through Detroit’s 36th District Court (one of the nation’s busiest landlord-tenant courts), and certain cities like Detroit and Flint continue to have high eviction rates in poorer neighborhoods. Importantly for landlords, the legal rules and procedures around eviction in Michigan have evolved since COVID, with the state implementing court rule changes and considering new legislation that could impact the eviction process.  

 

Legal Developments: Right-to-Counsel, Record Sealing, and Legislative Action

Michigan’s political shift (with a new legislative majority as of 2023) has led to a flurry of tenant-focused legislative proposals. As of mid-2025, these are still pending and not yet law, but landlords should be aware of the direction things are heading:

 

 

Eviction Record Sealing and Expungement

Lawmakers have introduced bills to allow the sealing of eviction case records in certain circumstances. Senate Bill 801 and House Bill 5237 in the 2023-24 session aimed to permit tenants to expunge eviction records that are unjust or older, and seal ongoing cases where appropriate. The idea is to prevent a single eviction filing (even one that didn’t lead to an actual eviction) from blacklisting a tenant from future housing. As of the end of 2024, SB 801 had passed committee and awaited a full vote, but it did not reach final passage before the session ended.

These measures have strong support from housing advocates – the Michigan League for Public Policy notes that landlords commonly use any past eviction filing as a reason to reject applicants, “no matter the outcome of the case,” and that disproportionately harms families with children and renters of color. If a sealing law passes in 2025, it could mean landlords will no longer have automatic access to all eviction case histories on tenant screening reports (certain cases might be hidden if they meet the criteria for sealing/expungement). Landlords would need to adjust screening practices accordingly.

 

Statewide Right to Counsel for Evictions

Another initiative in Lansing would create a state-funded right to legal counsel for tenants in eviction proceedings. One bill proposes a statewide fund to provide every tenant facing eviction with an attorney, similar to programs adopted in cities like New York and San Francisco. Currently, in Michigan’s courts, it’s estimated 98% of tenants go unrepresented, while most landlords have lawyers. Housing advocates argue this imbalance leads to unfair outcomes.

The bills in play would level the field by funding legal aid. From a landlord perspective, this could mean more contested hearings and potentially longer case timelines, as tenants’ attorneys might raise defenses or request jury trials. Michigan’s Rental Property Owners Association has cautioned that while well-intentioned, these proposals could have “unintended consequences” such as higher costs or delay. As of early 2025, the right-to-counsel legislation had not been enacted; it remains a topic to watch, especially for landlords in larger cities where local officials are also considering right-to-counsel ordinances.

 

Pretrial Eviction Hearings (Codifying Court Rules)

In the Michigan House, HB 4021 (2025) was introduced to require a pretrial hearing in all eviction cases by statute. Michigan’s courts have already been doing this (as explained below in the court rule changes), but this bill would make it a permanent law. The pretrial hearing is essentially an initial conference (often via Zoom) where the judge informs parties of their rights (e.g. the tenant’s right to hire counsel, request a jury trial, apply for aid) and often encourages settlement or mediation. HB 4021 would ensure that even after emergency rules expire, every eviction case must go through a pretrial stage instead of jumping straight to trial. For landlords, if this becomes law, it means the first court date is an informational/prep session and the actual trial (if needed) will be at least 7 days later. In practice, this can slightly lengthen the process but also can lead to more default avoidances and payment agreements early on.

 

Local Ordinances and Rent Control

Michigan state law has long preempted rent control (since 1988, cities in Michigan cannot impose rent control on private properties). That remains unchanged – no Michigan jurisdiction has rent caps on private rentals. However, some cities have enacted “just cause” eviction ordinances for their rental registries (for instance, Ann Arbor and Ypsilanti have local laws requiring a valid reason to terminate certain tenancies). There is no statewide just-cause requirement yet. Landlords in Michigan can generally non-renew a lease without stating a cause (except in subsidized housing or local ordinance situations). Detroit considered a “right to renew” ordinance in 2023 but instead focused on implementing the right-to-counsel program. Thus, Michigan landlords should follow state law mainly, but be mindful if you own units in cities with additional tenant protections (local Rental Housing Commission rules, etc., though these mostly cover things like notice of eviction or requiring leases to be in writing). So far, the legislature has not moved to preempt or override those local just-cause ordinances, but if they conflict with state law, they could be challenged.

 

 

In summary, Michigan is moving toward a more tenant-balanced legal framework, but as of June 2025 no major new landlord obligations are in effect yet (aside from court rule changes discussed below). Landlords should plan for the possibility of sealed eviction records (which could complicate tenant screening) and potentially tenants having attorneys in court more often if the right-to-counsel funding comes through. It’s advisable to keep documentation very thorough (so an attorney can’t easily trip you up on a technicality) and to consider working out payment plans rather than immediate filings, since a more pro-tenant environment is on the horizon.

 

Court Procedure Changes: Michigan Supreme Court Rule Amendments

While legislative changes are pending, Michigan’s judiciary has already implemented significant changes to eviction proceedings through court rules. In late 2023, the Michigan Supreme Court adopted amendments to the Michigan Court Rules (MCR 4.201) that permanently adjust how eviction cases are handled statewide. Key changes that took effect November 6, 2023 include:

 

Mandatory Pretrial Hearings

In most eviction cases, the initial court date is now a pretrial hearing rather than the trial. At this pretrial (often held via Zoom), the judge or magistrate must inform tenants of their rights – for example, the right to seek legal counsel, to a jury trial, or to access any available rental assistance. The actual eviction trial must be scheduled at least 7 days after the pretrial. This rule ensures tenants have a chance to understand the process and seek help, and it gives time for mediation or settlement discussions. For landlords, it means you likely won’t get an immediate judgment at the first hearing; however, many cases get resolved at pretrial via consent agreements (e.g. payment plans or move-out dates), which can be a positive outcome.

 

14-Day Stay for Rental Assistance Applications

If an eviction case is for non-payment of rent, the court now must ask about rental aid. Tenants who have applied for rental assistance are entitled to a 14-day pause in the eviction case, to allow the application to process. If proof is shown that an application is pending or approved but funds not yet received, the tenant can get one additional 14-day extension (total up to 28 days) before the case proceeds. This rule was inspired by the COVID-era Eviction Diversion Program. Landlords should be prepared: if your tenant has sought help from, say, the Michigan State Emergency Rental Assistance Program (CERA, which was active through 2022) or other local aid, the court will likely adjourn the hearing for two weeks. Even though the big statewide program is over, some localities still have rental aid funds or ERAP leftovers, and tenants might apply to agencies for help. Keep good records of any communications about rental assistance, as you may need to inform the court if funds have been approved or denied. The upside is if payment comes through, you get your rent; the downside is an uncontested case could be delayed by a few weeks.

 

Default Judgment Rules

The court rules now make it a bit easier to set aside default judgments in certain eviction cases. For instance, if a tenant misses the first court date (perhaps not realizing the pretrial was not the actual trial), the new rules allow more leeway for them to show up later and still have a say. Judges are encouraged to be flexible in reopening cases if the tenant appears soon after a default. The emphasis is on giving tenants their “day in court”. Practically, landlords might experience a slight uptick in cases where a default judgment (for possession) gets vacated because the tenant belatedly engages. This prolongs the case but can also lead to payment (if tenant needed a few more days to gather money or realize the seriousness).

 

Landlord Code Compliance Affirmation

In cities that require rental properties to be registered or certified (e.g. Detroit, Grand Rapids, Ann Arbor, etc.), the new court rule requires landlords to state in the complaint whether the property is up to code and has a valid certificate of compliance (if such local laws apply). This was technically always a defense for tenants (an unlicensed rental might not be able to evict for non-payment), but now it’s upfront. If a landlord files an eviction in a city with such requirements and does not have a current rental certificate, the tenant can raise that at the pretrial and the case may be dismissed or delayed until compliance is achieved. This rule essentially forces landlords to bring their properties to code if they want to use the courts for eviction. Landlords should ensure all inspections, licenses, lead paint certifications, etc., are up-to-date before filing for eviction, to avoid a nasty surprise in court.

 

 

These court-driven changes have already influenced outcomes. Michigan’s State Court Administrator reported that during the pandemic pilot period, default judgment rates dropped from 35% pre-COVID to about 20% once pretrial hearings and diversion were instituted That 20% default rate has persisted through May 2023, meaning far more tenants are appearing in court than before. Dismissal rates have increased as well (often because tenants secured rental aid or worked out agreements). For landlords, this means you are more likely to face some participation or defense from tenants now, compared to the pre-2020 era when many tenants simply no-showed and got defaulted. It also means the outright eviction order on the first hearing is less common – cases might extend over a couple hearings if tenants engage. However, if a tenant truly has no defense and no payment, the end result is still a judgment for possession; the process just has a few more guardrails to ensure fairness.

In Detroit specifically, there’s a major local policy shift: a Right-to-Counsel program for evictions. Detroit passed a city ordinance establishing a Right to Counsel (RTC) for low-income tenants, and in 2022–2023 set up the Office of Eviction Defense to implement it. As of 2024, any Detroit tenant facing eviction who earns up to 200% of the federal poverty level is entitled to a free lawyer for their case. The city’s program stations attorneys at the 36th District Court to pick up cases and defend tenants from eviction. For landlords with Detroit properties: expect that your tenant may have legal representation provided at no cost to them. The attorney may negotiate on the tenant’s behalf or contest the eviction if there are grounds (e.g. poor conditions, improper notice, etc.). Early data from other RTC cities show evictions filed may not decrease immediately, but the percentage of cases resulting in displacement goes down when tenants have lawyers. Detroit’s RTC is funded by city and philanthropic dollars; landlords are not required to pay the tenant’s attorney fees (it’s not like losing a civil case where loser pays – in eviction, each side typically bears their own costs, and the tenant’s costs are covered by the program). The presence of counsel just means landlords need to ensure their case is airtight and be prepared for more negotiation. Other Michigan cities (e.g. Lansing, Grand Rapids) are watching Detroit’s program and could adopt similar measures locally if state funding doesn’t materialize.

 

Eviction Trends and Data in Michigan

Michigan’s eviction filing numbers have leveled off near pre-pandemic levels, after the dramatic swings of 2020–2021. State court data show that in calendar year 2023 there were about 159,600 new eviction cases filed, which is on par with the 2019 volume courts. In 2024, filings were similar (roughly 158,900). This suggests that, unlike some states where evictions have overshot to new records, Michigan’s overall filings are not significantly higher than before COVID. However, the nature of those eviction cases has shifted in some ways:

 

 

Geographic Concentration

A large share of Michigan’s evictions occur in a few population centers. Detroit (Wayne County) typically leads with tens of thousands of filings annually. Wayne County saw on the order of 50,000+ eviction filings per year in recent times (for example,  around 56,000 filings in 2018). Post-pandemic, Detroit’s eviction rate has remained high in certain neighborhoods, although eviction diversion efforts temporarily reduced executed evictions. Other hotspots include Flint (Genesee County) and parts of mid-Michigan with older rental housing stock. In contrast, some suburban and rural areas of Michigan have very low eviction rates. This uneven distribution means the statewide total can be flat even if Detroit ticks up but another area ticks down, etc. For instance, if Detroit’s economy improves, evictions drop there, balancing an increase maybe in Grand Rapids, etc.

 

Outcomes of Cases

Thanks to the interventions mentioned (pretrials, rental aid, etc.), fewer Michigan eviction filings are resulting in actual evictions (removals) than before. Pre-2020, about 35% of cases ended in a default judgment (tenant never appeared) which usually meant a quick eviction. Now that default rate is ~20%, meaning more cases either get resolved or go to trial. Many cases are getting dismissed – often because the tenant paid up or moved out voluntarily as part of an agreement. Michigan court statistics noted that dismissal rates remain higher than pre-pandemic levels through 2023.

Additionally, when tenants do appear, judges sometimes give conditional judgments (e.g. giving the tenant a period to pay rent or move out). If the tenant satisfies the condition (pays within 10 days, etc.), the case is closed without an eviction on record. This mechanism was used heavily during the pandemic and continues as a tool. The bottom line is that while filings are high, the conversion of filings into completed evictions has decreased somewhat.

Physical Evictions In Michigan, an eviction is only “executed” when a court officer (typically a sheriff’s deputy or bailiff) enforces the writ of restitution to remove the tenant. Interestingly, official data on executed evictions show very low numbers relative to filings – for example, in 2024 about 2,933 evictions were carried out by court officers (out of ~159k filings). That is only ~2% of cases. It likely indicates that in most cases, tenants leave before the sheriff is called, either through an agreement or because they move out when the court orders them to (so the landlord never needs to schedule the set-out). Florida, by contrast, had well over 50% of filings lead to removals. For Michigan landlords, this means many eviction cases end with an empty unit but not a forcible removal. Tenants often self-evict upon judgment. Those ~2% that do require a physical eviction are often situations where the tenant refuses to vacate even after the court order. Landlords should still follow through with obtaining the writ and scheduling the eviction if needed, but be aware that the threat of an eviction record or judgment is often enough to get compliance in Michigan.

 

 

Another positive trend: Eviction appeals have increased, but courts are addressing the backlog. In Harris County, Texas (Houston), appeals doubled and caused delays. Michigan’s structure is different (appeals from district court go to circuit court), and appeals are relatively rare (most tenants don’t appeal due to cost of appeal bond). Michigan did see some unique appeal cases, like whether CDC moratorium violations could be grounds to dismiss cases (those are past now). Generally, the initial trial court outcome is final in the majority of cases here.

To illustrate local trends: Detroit’s eviction filings dropped sharply in 2020 due to moratoriums, then climbed back in 2022 as courts reopened. In 2023, Detroit’s eviction numbers were still somewhat below the 2019 peak, partly thanks to the city’s eviction diversion programs and right-to-counsel rollout, which helped keep thousands of families housed. Meanwhile, mid-sized cities like Grand Rapids and Lansing have seen eviction filings rise closer to 2019 levels after the lapse of rental aid. College towns (Ann Arbor, East Lansing) typically have low eviction rates due to student renters (who often have parental co-signers or leave at lease end). The Upper Peninsula of Michigan sees very few evictions, though a recent look suggests even rural areas are not immune if poverty is present– for example, some UP counties had mini spikes as pandemic aid ended.

 

Market and Economic Factors in Michigan’s Eviction Climate

Michigan’s housing market dynamics in 2025 are quite different from Florida or Texas. Rent growth in Michigan has been more modest, but economic challenges persist for low-income renters:

 

 

Rent Levels and Affordability

Michigan’s rents did rise in the last two years, but not at the extreme rates of coastal or Sun Belt markets. In metro Detroit, median rents increased perhaps 5–10% annually in 2021–2023. In some smaller cities and suburbs, rents were flat or even declined in real terms. Housing is relatively affordable in Michigan (e.g. a two-bedroom in Detroit might rent for $1,100, which is much less than in Miami or Austin). However, Michigan also has a large population of low-wage workers and households on fixed incomes. So even a modest rent hike can push those on the edge into non-payment. Inflation in other expenses (energy, food, gas) hit Michigan hard in 2022, and winter heating bills in 2023 were notably high due to fuel costs – this may have diverted income from rent for some tenants, contributing to arrears. Overall, while Michigan hasn’t experienced a rent explosion, rent burden (the percentage of income spent on rent) remains very high for many households in cities like Detroit, Flint, and Pontiac. That underlying affordability issue is a driver of evictions.

 

End of Rental Assistance Programs:

Michigan was quite active in deploying federal rental aid. The COVID Emergency Rental Assistance (CERA) program in Michigan paid out over $1 billion to landlords from 2021 through mid-2022. CERA helped avert tens of thousands of evictions by covering back rent. By late 2022, those funds were nearly exhausted, and the program closed. Since then, no large-scale rent relief program has replaced it. Some counties continue smaller-scale aid with leftover funds, but for the most part, tenants no longer have a readily available pot of money to bail them out if they fall behind. The evaporation of rental assistance by 2023 corresponded with a rise in filings back to normal levels (which we’ve seen). Unlike a place like New York (which still has active rental voucher programs), Michigan’s safety net for renters is thinner now. Landlords should be aware that if a tenant can’t pay, there’s less likelihood of a third-party stepping in with funds today, compared to two years ago. This could mean more straightforward evictions (rather than the delays waiting for aid), but it also means a tighter rental market as those evicted may struggle to find new housing without assistance.

 

Economic Conditions

Michigan’s economy in 2025 is stable but with some pockets of struggle. Unemployment is around 4.1% (statewide), but certain cities have higher jobless rates. The end of the auto industry’s chip shortage has led to more stable auto production, and new EV battery plants are coming, which is positive. However, inflation in 2022–23 eroded real wages. Many renters used up their stimulus savings or caught up on debts, and now any new financial shock (car repair, medical bill) could leave them unable to pay rent. Eviction filings often track economic stress – for instance, when utility shutoff moratoriums ended in 2022, some families faced higher utility bills and fell behind on rent simultaneously. Michigan did institute water and energy assistance programs, which indirectly help renters by freeing up money for rent.

 

Landlord Business Climate

For property owners, Michigan remains relatively landlord-friendly in terms of ease of eviction (now slightly slower with pretrials, but still straightforward) and no rent control. However, landlords face their own cost pressures: property taxes in Michigan cities are quite high (Detroit’s property tax rate is among the highest effective rates in the nation), insurance costs are rising (especially for older multi-family buildings), and maintenance costs have increased due to labor and material price increases. Some small landlords have sold properties due to these costs, often to larger investors. Those new owners may be less willing to work with delinquent tenants, contributing to a churn in some neighborhoods. Vacancy rates in Michigan rentals are moderate (around 6–8%), meaning there isn’t the super tight market seen elsewhere, but decent units are still in demand. Landlords can usually replace a tenant within a month or two, which does reduce the incentive to retain a non-paying tenant for long.

 

 

In summary, Michigan in 2025 is not experiencing an eviction crisis so much as a return to a chronic, baseline level of evictions that was already high pre-COVID. The state is using policy tools (court rules, potential laws) to mitigate the harms of eviction and prevent unnecessary evictions (through legal aid, etc.). Landlords should prepare for a future where more tenants have attorneys or protections, but also recognize that truly delinquent or nuisance tenants can still be evicted under Michigan law.

It’s advisable to stay on top of local ordinances and state bills, and perhaps to engage with the new programs (for example, participating in eviction diversion mediation, if offered, rather than immediately insisting on removal – sometimes a mediated payment plan can keep rental income flowing). Michigan’s balance is gradually shifting to encourage more communication and resolution before eviction – a trend landlords can adapt to by being proactive and informed.

 

Sources

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