Michigan Eviction Notice Laws: The Landlord and Tenant Guide
7-Day Demand for Nonpayment · 30-Day Notice to Quit · 7-Day Health-Hazard Demand · 24-Hour Drug Notice · Service Rules
In Michigan, the written demand or notice is step one, and a defective demand sends the case back to the start. Before a landlord can set foot in district court, the law requires the right written demand for possession or notice to quit, served the right way, for the right number of days. Choose the wrong notice, demand the wrong amount, miscount the days, or serve it improperly, and a tenant can have the whole summary proceeding dismissed and force the landlord to begin again from a fresh demand. This guide walks the framework end to end — every notice type, how many days each needs, when a full rental period is required, how to serve, what makes a demand valid, and what happens after — in plain English, with every rule tied to a concrete action.
The stakes are practical. Michigan uses a fast, statutory summary proceeding to recover possession, and to earn that speed a landlord has to follow the notice and demand rules precisely. Michigan courts and the district-court forms require the exact statutory demand for nonpayment, and an amount that overstates the rent, a demand served the wrong way, or a proceeding filed before the notice period has run all give the tenant a real defense. Because day-counts, local ordinances, and program rules change, treat every figure in this guide as a starting point and verify the current statute before you serve or file anything.
Below, an overview video summarizes the Michigan framework; the sections that follow break down each piece — the notice types and their day-counts, how a no-fault termination works, service methods, what makes a demand valid, the summary proceeding and the writ of restitution, retaliation and tenant defenses, local rules, a landlord playbook, and defensible-versus-fatal scenarios — plus a Michigan-specific FAQ.
Michigan Eviction Notices at a Glance
Nonpayment
7-day demand for possession
No-Fault
Notice to quit, full rent period (30 days monthly)
Health Hazard
7-day demand
Drug Activity
24-hour demand
The Demand Is Step One — and It Can Sink the Case
Every Michigan eviction begins with a written demand for possession or a notice to quit, and that document is the single most common point of failure. To use the fast summary proceeding in district court, a landlord has to earn it by following the notice rules exactly. A demand that names the wrong amount, gives the wrong number of days, is served the wrong way, or is filed on too early gives the tenant a clean defense — the judge can dismiss the case, and the landlord has to start over from a fresh demand, losing weeks.
This is why the demand deserves more care than any other step. The rest of the process — filing the complaint, the hearing, the writ — is largely mechanical once the demand is right. Get the demand wrong and none of it matters. Throughout this guide, the theme repeats: the exactness of the demand decides the case long before a judge ever reads the complaint. Michigan even prescribes a specific demand-for-possession form for nonpayment cases, and using a homemade substitute is a frequent, avoidable error.
Overstating the rent undermines a nonpayment demand
A common fatal error is demanding more than the rent actually owed. A 7-day demand for possession for nonpayment should state the rent due; if it overstates the amount — by adding late fees the lease does not authorize, tacking on charges that are not rent, or a simple arithmetic error — the tenant can dispute the demand and defeat the proceeding, because the tenant is entitled to know the precise sum needed to keep the home. Demand only past-due rent, and get the number right.
Takeaway
In Michigan the demand is step one and the whole case rides on it. To earn the fast summary proceeding, the right demand, the right amount, the right days, and proper service matter more than anything that happens in court. A defective demand is a defense that forces the landlord to start over.
The Michigan Eviction Notice Types
Michigan recognizes several distinct demands and notices, and using the wrong one is itself a defect. Which one applies depends entirely on why the landlord wants the tenant out. The nonpayment demand and the no-fault notice to quit come from Michigan Compiled Laws section 554.134; the health-hazard and drug demands come from the summary-proceedings statute, section 600.5714.
7-Day Demand for Possession (Nonpayment of Rent)
When a tenant is behind on rent, the landlord serves a 7-day demand for possession under Michigan Compiled Laws section 554.134(2). It gives the tenant a choice: pay the past-due rent within seven days and stay, or move out. The seven days are calendar days, counted from the day after service. If the tenant pays in full within the period, the tenancy continues and the landlord cannot proceed. Michigan requires the statutory demand-for-possession form for this ground, and the demand should state the amount of rent due so the tenant knows exactly what to pay.
Notice to Quit — No-Fault Termination of a Tenancy at Will
When the landlord simply wants to end a tenancy at will or a month-to-month tenancy and the tenant has done nothing wrong, the vehicle is a notice to quit under Michigan Compiled Laws section 554.134(1). The length is tied to the rent interval: the notice must be equal to the interval between the times of payment and, for a monthly tenancy, that means at least 30 days. A weekly tenancy needs a notice equal to one week. The statute makes clear the notice is not void merely because the stated termination date does not line up exactly with the end of a rental period — it simply terminates the tenancy at the end of a period equal in length to the interval between rent payments.
7-Day Demand — Serious and Continuing Health Hazard or Damage
When a tenant willfully or negligently causes a serious and continuing health hazard or does extensive and continuing physical injury to the premises and does not begin to fix it, the landlord may serve a 7-day demand for possession under Michigan Compiled Laws section 600.5714(1)(d). This is a possession demand tied to the condition of the unit, not a routine curable-breach notice. Because the ground is specific, the demand must describe the hazard or damage with enough detail that the tenant knows what is alleged.
24-Hour Demand — Controlled-Substance Activity
For the most serious conduct, Michigan allows a 24-hour demand for possession under Michigan Compiled Laws section 600.5714(1)(b), read together with section 554.134(4). It applies when a tenant, a member of the tenant’s household, or a person under the tenant’s control has manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises, the lease contains a clause allowing termination for that reason, and a formal police report has been filed. Given how drastic this 24-hour timeline is, the underlying facts must genuinely fit the statute.
Michigan generally has no statutory cure period for an ordinary lease breach
Unlike some states, Michigan does not impose a general statutory “cure or quit” period for an ordinary lease-covenant breach. Whether a breach can be cured, and how, is governed by the lease’s own language — the lease must state that a breach of a specific provision (or of any provision) is a ground for termination. For a no-fault end of a month-to-month tenancy the landlord uses the full-rental-period notice to quit; for a serious health hazard or drug activity the statute supplies the 7-day and 24-hour demands. Do not assume a statutory cure window exists; read the lease and the statute together.
A longer notice for subsidized and mobile-home tenancies
Some federally subsidized tenancies, such as Housing Choice Voucher households, and mobile-home park tenancies require longer notice periods and additional good-cause grounds before a termination. If the tenancy involves a housing voucher, public housing, or a mobile-home lot, confirm the specific program’s notice requirement, because it can be longer than the state minimum.
Takeaway
The notice type follows the reason: 7-day demand for nonpayment, a notice to quit for a full rental period (at least 30 days monthly) for a no-fault termination, a 7-day demand for a serious health hazard or damage, and a 24-hour demand for drug activity. Michigan has no general statutory cure period for an ordinary breach — the lease governs.
How Many Days Each Notice Requires
The day-count is where landlords most often trip. The nonpayment and health-hazard demands run 7 calendar days, the drug demand runs 24 hours, and the no-fault notice to quit turns on the rent interval. Use this table as the quick reference, then read the notes below it.
| Notice | Days required | Statute and grounds |
|---|---|---|
| Demand for possession (nonpayment) | 7 calendar days | Michigan Compiled Laws section 554.134(2) — nonpayment of rent |
| Notice to quit (no-fault, monthly) | At least 30 calendar days (a full rent interval) | Michigan Compiled Laws section 554.134(1) — termination of a tenancy at will |
| Notice to quit (no-fault, weekly) | Equal to one week (the rent interval) | Michigan Compiled Laws section 554.134(1) — interval between payments |
| Demand for possession (health hazard/damage) | 7 calendar days | Michigan Compiled Laws section 600.5714(1)(d) — serious and continuing health hazard |
| Demand for possession (drug activity) | 24 hours | Michigan Compiled Laws section 600.5714(1)(b) — controlled-substance activity |
| Subsidized / mobile-home tenancy | Often longer — verify program | Program rules layer on top of state law |
Count calendar days and never file early
Michigan’s 7-day nonpayment and health-hazard demands are counted in calendar days, beginning the day after service; weekends and holidays are not excluded from the count. A landlord who files the summary proceeding in district court even one day early — before the seventh day has fully passed — has filed prematurely, and the tenant can have the case dismissed. Count carefully, and when in doubt, wait an extra day.
Add time when you serve by mail
Service by first-class mail is allowed, but a mailed demand is not effective until it is actually delivered, so a landlord should build in extra time for the mail before treating the notice period as running. For a no-fault notice to quit, remember the period must equal a full rent interval — at least 30 days for a monthly tenancy — not merely seven days. Build in that cushion so the period is unquestionably satisfied before you file.
Takeaway
The nonpayment and health-hazard demands are 7 calendar days, the drug demand is 24 hours, and a no-fault notice to quit must equal a full rent interval — at least 30 days monthly. Never file the summary proceeding before the last day of the notice period has actually passed, and add time for mailing.
Grounds and “Just Cause” in Michigan
Michigan does not have a statewide just-cause eviction statute the way some states do. A landlord may end a month-to-month tenancy without fault by serving a proper full-period notice to quit. But that freedom is not unlimited: the landlord still needs a lawful ground to invoke the fast summary-proceeding remedy, cannot terminate for a retaliatory or discriminatory reason, and must honor any good-cause rules that come from a subsidy program, a mobile-home statute, or a local ordinance.
At-Fault Versus No-Fault Grounds
It helps to sort Michigan’s grounds into two families. At-fault grounds turn on the tenant’s own conduct — nonpayment of rent, a serious and continuing health hazard or extensive damage to the unit, controlled-substance activity, causing or threatening serious physical injury to another tenant or the landlord on the property, or a lease breach the lease itself makes a basis for termination. These run through the matching 7-day, 24-hour, or lease-based notice. No-fault grounds cover the simple end of a tenancy at will, and these run through the full-period notice to quit under section 554.134(1).
What Michigan Does Not Require
Because there is no statewide just-cause law, an ordinary Michigan landlord ending a month-to-month tenancy does not have to prove a reason, pay relocation assistance, or file the notice with a rent board — obligations that exist in some other states. The rules for ending a tenancy without fault sit alongside the state’s lease termination laws, and the landlord’s duty is to give the correct full-period notice and, if the tenant holds over, to proceed through the court. The important caveats are the program and local rules discussed below and the flat bar on retaliation and self-help.
Holdover after a fixed-term lease
When a fixed-term lease simply expires and the tenant stays, the landlord may recover possession through a summary proceeding for holding over after the term has ended. The lease and the circumstances determine what notice, if any, is required before filing, so review the lease’s holdover and renewal language rather than assuming no notice is needed.
Takeaway
Michigan has no statewide just-cause eviction statute: a landlord may end a month-to-month tenancy without fault using a full-period notice to quit. But a lawful ground is still needed for the summary proceeding, retaliation and discrimination are barred, and subsidy, mobile-home, and local rules can add good-cause requirements.
How to Serve a Demand or Notice in Michigan
A demand that is written perfectly still fails if it is served the wrong way. Michigan allows a demand for possession or notice to quit to be delivered by a handful of recognized methods. A landlord must use one of them; there is no valid “just text it” option for a legal demand.
| Method | How it works | When to use it |
|---|---|---|
| Personal delivery | Hand the demand directly to the tenant | Always preferred; the cleanest proof |
| Delivery to a household member | Leave it with a member of the tenant’s family or household of suitable age and discretion, asked to deliver it to the tenant | When the tenant is not personally available but someone responsible is |
| First-class mail | Send the demand to the tenant by first-class mail to the leased premises | When personal delivery is not practical; add time for the mail |
For a mailed demand, service is generally treated as complete when the demand is actually delivered, so a careful landlord adds time for the mail before counting the notice period as satisfied. Simply taping a demand to an exterior door, with no personal delivery, no delivery to a household member, and no mailing, is a weak record that can be challenged. Whatever the method, the safest practice is to document exactly how and when the demand went out.
Keep a proof of service
Whoever serves the demand should record who was served, how, when, and where. Without it, the landlord may be unable to prove the notice period ever started — and an unprovable service is a losing one in a summary proceeding. Personal delivery, or delivery to a household member, backed by a dated record, is the strongest proof that the clock began.
Takeaway
Serve a Michigan demand by personal delivery, delivery to a household member, or first-class mail. A mailed demand is not effective until it is delivered, so add time for the mail. A text or a bare door-tape is a weak record. Always keep a dated proof of service so you can prove the clock started.
What Makes a Demand Valid
Beyond picking the right notice and serving it correctly, the demand’s content has to be right. A valid Michigan demand for possession is a written document — never oral — and, depending on type, generally includes the following.
| Required element | Why it matters |
|---|---|
| Tenant name(s) and property address | Identifies who is being noticed and which unit; a wrong name or address can undermine the demand |
| The exact ground | Nonpayment, the specific health hazard or damage, the drug activity, or the no-fault termination — stated with enough detail to respond |
| Amount due (nonpayment) | The precise past-due rent, so the tenant knows the exact sum needed to keep the home; use the statutory demand form |
| The deadline | The correct number of days or hours for the notice type, counted correctly from the day after service |
| Date and signature | The date of the demand and the signature of the landlord or authorized agent |
For a nonpayment demand, Michigan supplies a statutory demand-for-possession form, and using it is the safest course — a homemade substitute that omits required content invites a challenge. For a health-hazard demand, the condition must be described specifically enough that the tenant knows what is alleged and, where the ground allows, what to correct. An oral demand is never sufficient for any of these grounds.
Takeaway
A valid demand is written, names the tenant and address, states the exact ground, and — for nonpayment — demands the precise rent due on the statutory form. Vague grounds, an overstated amount, or an oral demand each put the proceeding at risk.
After the Demand: The Summary Proceeding
If the demand or notice period expires and the tenant has not paid, corrected, or moved out, the landlord’s next — and only — lawful step is to file a summary proceeding to recover possession, Michigan’s fast eviction lawsuit under Michigan Compiled Laws section 600.5701 and following. A landlord cannot skip this step, and cannot substitute self-help for it. The case is filed in the district court for the area where the property is located.
File the complaint
After the notice period runs, the landlord files a complaint to recover possession in the district court, attaching the demand or notice and proof of service. A summons issues.
Serve the summons and complaint
The tenant is served with the summons and complaint, which set a hearing date. Proper service is required before the court can proceed.
Tenant appears at the hearing
Michigan summary proceedings move quickly; the tenant appears at the scheduled hearing rather than filing a written answer within a fixed day-count. If the tenant does not appear, the landlord may seek a default judgment for possession.
Judgment for possession
If the landlord proves the ground, the court enters a judgment for possession. In a nonpayment case the judgment states the amount owed that the tenant may pay to stay.
Writ of restitution
Generally no writ of restitution issues until 10 days after the judgment. Once it issues, a court officer — not the landlord — posts it and then physically restores possession.
Only a court officer can remove a tenant
A judgment for possession does not let the landlord change the locks personally. The court issues a writ of restitution to a court officer or bailiff, who posts it and then, if necessary, removes the tenant and restores possession to the landlord. The landlord takes possession only after the writ is executed. Any shortcut around this is an illegal self-help eviction under Michigan Compiled Laws section 600.2918.
The 10-day writ and pay-to-stay redemption
Under Michigan Compiled Laws section 600.5744, a writ of restitution generally may not be issued until 10 days after the judgment for possession. In a nonpayment case, that window is also a redemption right: if the tenant pays the amount stated in the judgment plus taxed costs within the 10 days, the writ does not issue and the tenant may stay. Certain emergencies, such as a genuine health hazard or forcible entry, can allow an expedited writ. Verify the current timeline before you calendar anything.
Takeaway
After the demand expires, the only lawful path is a summary proceeding in district court under section 600.5701 and following. The tenant appears at a scheduled hearing, and if the landlord wins the court enters a judgment for possession. A writ of restitution generally waits 10 days, and in nonpayment cases the tenant can pay to stay in that window; a court officer, never the landlord, executes the writ.
Retaliation and Tenant Defenses
Even a landlord with a real ground can lose if the eviction runs into a tenant defense. Two categories matter most: retaliation, and the notice and procedural defects this guide has stressed throughout.
Retaliation Is Presumed Within 90 Days
Under Michigan Compiled Laws section 600.5720, a landlord may not terminate a tenancy or bring a summary proceeding because a tenant exercised a legal right — trying to secure or enforce rights under the lease or the law, complaining to a governmental authority about a housing-code or health-and-safety violation, or taking a lawful act arising out of the tenancy such as joining a tenant organization. If the tenant took a protected action within 90 days before the proceeding and it has not been dismissed, the law raises a presumption of retaliation, and the landlord must prove by a preponderance of the evidence that the termination was not retaliatory. Timing an eviction right after a tenant complaint is one of the easiest ways to lose an otherwise valid case.
The Common Tenant Defenses
- Defective demand. Wrong notice type, wrong days, overstated rent, a missing tenant name or address, an oral demand, or the wrong form — each can defeat the case.
- Improper service. Service that does not follow a recognized method, or that cannot be proven, undermines the proceeding.
- Payment or correction in time. If the tenant paid the full rent within the 7-day demand or corrected the condition where the ground allows, the grounds evaporate; receipts and records win.
- Warranty of habitability. A landlord’s failure to keep the unit fit and in reasonable repair, addressed in Michigan’s habitability laws, can be raised in a nonpayment case and may reduce what is owed.
- Retaliation. A proceeding within 90 days of protected tenant activity is presumed retaliatory under Michigan Compiled Laws section 600.5720.
- Discrimination. An eviction motivated by a protected class under fair-housing law is unlawful.
- Filed too early. Filing the summary proceeding before the notice period fully expired is grounds for dismissal.
Showing up is the tenant’s biggest lever
The fastest path to a landlord judgment is a tenant who never appears — a default. A tenant who comes to the scheduled hearing forces the landlord to prove every element and opens the door to all of these defenses. For landlords, the lesson is the mirror image: assume the tenant will appear and contest, and make sure the demand and service are flawless.
Takeaway
A proceeding within 90 days of protected tenant activity is presumed retaliatory under Michigan Compiled Laws section 600.5720, and a defective demand, bad service, timely payment or correction, breach of the habitability duty, and discrimination are all live defenses. The landlord’s best protection is a flawless demand and provable service.
Local Rules: City Ordinances and Program Overlays
State law is the floor, not the ceiling. Michigan eviction procedure is largely statewide, but some cities and programs layer additional protections on top, and when a local ordinance or program rule is more protective, it applies. If the property sits in one of these jurisdictions, those rules govern in addition to state law, and skipping them can be its own defect.
Jurisdictions and programs with added protections include, among others, Detroit, which has adopted right-to-counsel and related tenant protections, and university-area cities such as Ann Arbor and East Lansing, which maintain their own rental-housing and notice rules. Separately, mobile-home park tenancies and federally subsidized housing carry good-cause grounds and longer notice periods that go beyond the plain state minimums. Some programs also require specific notice language or a longer termination period before a landlord may file.
Check the ordinance and program for the exact unit
Local and program coverage can vary by city and by the type of tenancy, and a demand that satisfies the state statute can still fall short of a city ordinance or a subsidy program’s rules. Before serving any demand on a unit in a city with added protections, or on a subsidized or mobile-home tenancy, confirm the specific requirements — the allowable grounds, the notice period, any required language, and any filing step.
Takeaway
Cities such as Detroit, Ann Arbor, and East Lansing, along with mobile-home and subsidized tenancies, add tenant protections, longer notice periods, or good-cause grounds on top of state law — and the more protective rule controls. Verify the ordinance and any program rule for the property before serving.
No Self-Help: Lockouts Are Illegal
One rule admits no exceptions: in Michigan, a landlord may never remove a tenant by self-help, no matter how far behind the rent is or how egregious the conduct. Under Michigan Compiled Laws section 600.2918, the anti-lockout statute, a landlord may not change, alter, or add to the locks without immediately giving the tenant a key, shut off heat, running water, hot water, electric, or gas service, remove doors or windows, or take a tenant’s belongings in order to force a move.
The penalties are steep and personal to the landlord. A tenant whose possessory interest is unlawfully interfered with may recover actual damages or two hundred dollars per occurrence, whichever is greater, and, if possession was lost, recover possession. A tenant who is forcibly put out and kept out may recover three times actual damages or two hundred dollars, whichever is greater, plus possession. These protections cannot be waived. A self-help lockout can turn a routine, winnable eviction into a lawsuit the landlord loses — and pays for. The only lawful way to remove a tenant is the court process ending in a court-officer-executed writ of restitution.
Takeaway
Self-help eviction is illegal under Michigan Compiled Laws section 600.2918: no lock changes without a key, no utility shutoffs, no removing belongings. A tenant may recover actual damages or two hundred dollars, whichever is greater — treble for a forcible ouster — and these rights cannot be waived. The only lawful removal is a court-officer-executed writ after a judgment.
The Michigan Landlord Playbook
Put the whole framework into a repeatable sequence and an eviction becomes a disciplined, winnable process instead of a gamble. Follow these steps every time.
Pin down the ground and the right notice
Decide whether this is nonpayment, a serious health hazard or damage, drug activity, or a no-fault termination — then choose the matching document (7-day demand, 24-hour demand, or full-period notice to quit). Using the wrong notice is a defect.
Check for program or local rules
If the unit is subsidized, a mobile-home lot, or in a city with added protections such as Detroit, Ann Arbor, or East Lansing, apply the longer notice or good-cause requirement before you serve.
Get the content exact
State the tenant name, address, and precise ground. For nonpayment, use the statutory demand-for-possession form and demand only the rent actually due. Date and sign it.
Count the days correctly
Count 7 calendar days for a nonpayment or health-hazard demand, 24 hours for a drug demand, and a full rent interval — at least 30 days — for a no-fault notice to quit, adding time for mailing. Never file before the last day passes.
Serve, keep proof, then file
Serve by personal delivery, delivery to a household member, or first-class mail, and keep a dated proof of service. Then, if the tenant does not comply, file the summary proceeding in district court — and let a court officer execute any writ.
Need the notice itself?
A ready-to-fill notice keeps the required fields in place. See our free Michigan 7-day notice to pay rent or quit form, the Michigan notice to cure or quit, and the Michigan tenant notice to vacate. Always tailor the details to your unit, use the statutory demand form for nonpayment, and verify current law.
Defensible Versus Fatal: Common Scenarios
✓ Usually Defensible
- Exact nonpayment demand. A 7-day demand on the statutory form demanding only the past-due rent, counted in calendar days and served personally.
- Full-period notice to quit. A 30-day notice to a monthly tenant to end the tenancy without fault, giving a complete rent interval.
- Documented health-hazard demand. A 7-day demand describing a serious, continuing hazard the tenant caused and did not begin to correct.
- Court-officer-executed writ. Waiting for the judgment and the 10-day period and letting a court officer post and remove — never a personal lockout.
✕ Likely Fatal
- Overstated rent. A nonpayment demand for more than the rent actually owed, or adding unauthorized fees.
- Filed too early. Filing the summary proceeding before the 7-day or full-period notice has fully run.
- Bad service. Taping the demand to a door with no personal delivery, household delivery, or mailing.
- Self-help lockout. Changing the locks or shutting off utilities — illegal under Michigan Compiled Laws section 600.2918, with per-occurrence damages.
The Best Eviction Is the One You Never File
Most eviction disputes trace back to a tenant who showed red flags before move-in. Comprehensive credit, income, and eviction-history reports catch prior evictions and payment problems before you ever sign a lease.
Frequently Asked Questions
How many days is a Michigan eviction notice?
It depends on the reason. For nonpayment of rent, a landlord serves a 7-day demand for possession under Michigan Compiled Laws section 554.134(2), giving the tenant 7 days to pay or move. To end a tenancy at will or a month-to-month tenancy without fault, the landlord serves a notice to quit equal to the interval between rent payments and never less than one full rental period, which for a monthly tenancy means at least 30 days under section 554.134(1). A serious and continuing health hazard or extensive damage to the unit uses a 7-day demand under Michigan Compiled Laws section 600.5714(1)(d), and controlled-substance activity uses a 24-hour demand under section 600.5714(1)(b). Always verify current law before serving.
Are the 7 days in a Michigan demand for possession calendar days or business days?
Calendar days. The Michigan 7-day demand for possession for nonpayment of rent is counted in calendar days, with the count beginning the day after the demand is served. Unlike some states, Michigan does not exclude weekends or holidays from the 7-day nonpayment count. A landlord who files the summary proceeding in district court before the seventh day has fully passed has filed too early, and the tenant can have the case dismissed. When in doubt, wait an extra day and add time for service by mail.
Does Michigan require just cause to evict?
Not as a general statewide rule. Michigan does not have a statewide just-cause eviction statute like some states. A landlord may end a month-to-month tenancy without fault by serving a notice to quit for at least a full rental period, generally 30 days. That said, the landlord still needs a lawful ground to use the fast summary-proceeding remedy, and federally subsidized tenancies, mobile-home park tenancies, and certain local ordinances impose good-cause or additional requirements. A termination that is actually retaliatory is barred under Michigan Compiled Laws section 600.5720. Confirm any program or local rule before you act.
What makes a Michigan demand for possession defective?
Common fatal defects include an oral demand instead of a written one, the wrong number of days for the ground, an amount demanded that is more than the rent actually due, a missing or wrong tenant name or property address, using the wrong form for the ground, improper service, and filing the summary proceeding before the notice period has fully run. For a nonpayment demand especially, overstating the rent can undermine the demand, because the tenant is entitled to know the exact sum needed to keep the home. Michigan also requires the statutory demand-for-possession form for nonpayment cases.
How do you serve an eviction notice in Michigan?
A Michigan demand for possession or notice to quit may be served by personally delivering it to the tenant, by leaving it with a member of the tenant’s household or family of suitable age and discretion who is asked to deliver it, or by sending it by first-class mail to the tenant. When the demand is mailed, service is generally treated as complete when it is delivered, so a landlord should add time for the mail before counting the notice period as satisfied. Keep proof of how and when the demand was served, because an unprovable service is a losing one in court.
Can a Michigan landlord change the locks or shut off utilities to force a tenant out?
No. Self-help eviction is illegal under Michigan Compiled Laws section 600.2918, the anti-lockout statute. A landlord may not change or add locks without immediately giving the tenant a key, shut off heat, running water, hot water, electric, or gas service, remove doors or windows, or remove a tenant’s belongings to force a move. A tenant whose possession is unlawfully interfered with may recover actual damages or two hundred dollars per occurrence, whichever is greater, and a tenant forcibly put out may recover three times actual damages or two hundred dollars, whichever is greater, plus possession. The only lawful removal is a court-ordered writ of restitution executed by a court officer.
How long does a Michigan tenant have to respond to an eviction lawsuit?
Michigan uses summary proceedings, which move quickly. After the landlord files the complaint in district court, the tenant is served with a summons that sets a first hearing date, and the tenant appears at that hearing rather than filing a written answer within a fixed number of days as in ordinary lawsuits. The summons is generally served at least a few days before the hearing. If the tenant does not appear, the landlord may seek a default judgment for possession, so appearing at the scheduled hearing is critical for the tenant.
Can a Michigan landlord evict in retaliation?
No. Under Michigan Compiled Laws section 600.5720, a landlord may not terminate a tenancy or bring a summary proceeding in retaliation because the tenant tried to enforce rights under the lease or the law, complained to a governmental authority about a housing-code or health-and-safety violation, or took a lawful act arising out of the tenancy such as joining a tenant organization. If the tenant took a protected action within 90 days before the proceeding, a presumption of retaliation arises and the landlord must prove by a preponderance of the evidence that the termination was not retaliatory. Retaliation is one of the strongest tenant defenses.
Can a landlord evict during a fixed-term lease in Michigan?
Only for a ground. During a fixed-term lease a landlord cannot use a bare 30-day notice to quit to end the tenancy early. The landlord must have a ground such as nonpayment, a lease violation the lease makes a basis for termination, a serious health hazard, or drug activity, and serve the matching demand or notice. When the fixed term simply expires and the tenant holds over, the landlord may recover possession through a summary proceeding for holding over after the lease has ended, subject to any notice the lease or law requires.
Do local rules change Michigan eviction notices?
Sometimes. Michigan eviction procedure is largely statewide, but some cities layer additional protections. Detroit has adopted right-to-counsel and related tenant protections, and Ann Arbor and East Lansing have their own rental-housing and notice rules. Mobile-home park tenancies and federally subsidized housing follow additional notice and good-cause requirements. When a local ordinance or program rule is more protective, it applies on top of state law, so check the rules for the property’s specific city and program before serving a notice.
What is a summary proceeding in Michigan?
A summary proceeding is the fast eviction lawsuit a Michigan landlord must file in district court to recover possession after a demand or notice period expires without the tenant paying, curing, or leaving. It is governed by Michigan Compiled Laws section 600.5701 and following. The tenant is served with a summons and complaint and appears at a scheduled hearing. If the landlord wins, the court enters a judgment for possession and later issues a writ of restitution, which a court officer, not the landlord, executes. There is no lawful eviction in Michigan without this court process.
How long after a Michigan judgment before a tenant is removed?
After a judgment for possession, the writ of restitution generally may not be issued until 10 days have passed under Michigan Compiled Laws section 600.5744. In a nonpayment case, if the tenant pays the amount stated in the judgment plus taxed costs within that 10-day period, the writ does not issue and the tenant may stay, a pay-to-stay redemption right. Once the writ issues, a court officer posts and then executes it and removes the tenant if necessary. A landlord may never carry out the removal personally.
What is the safest way for a Michigan landlord to serve an eviction notice?
Pick the correct demand or notice for the ground and use the statutory demand-for-possession form for nonpayment. State the exact facts and, for nonpayment, demand only the rent actually due. Count 7 calendar days for a nonpayment or health-hazard demand, 24 hours for a drug demand, and a full rental period, at least 30 days, for a no-fault termination, adding time for service by mail. Serve by personal delivery, delivery to a household member, or first-class mail, and keep proof of service. Never resort to a lockout. A clean demand is the foundation of a winning summary proceeding.
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