The legal framework behind eviction notices in Michigan is straightforward yet vast. It’s important to understand this part of the law, particularly because it eliminates the possibility of one’s right being violated or bypassed.
It is also essential between landlords and tenants who are seeking to put an end to their legal relationship.
In such a case, it helps them to stay aware of their rights and obligations under Michigan laws. It also provides acceptable grounds for eviction, eviction timelines, etc.
In this article, we’ve covered the various types of eviction notices in Michigan and the legal procedures associated with them.
Eviction Laws in the State of Michigan
The primary legislation that governs the Michigan eviction process is the Michigan Compiled Laws (2022). It provides for the landlord-tenant relationship, rental agreements, grounds for termination, and others.Â
Regardless of whether an individual owns or rents a property in Michigan, each party needs to follow the provisions of the law on eviction processes.Â
MI Comp L § 554 (2022) examines the landlord and tenant relationship while highlighting their rights and obligations towards each other, such as the termination of leases, notice of damages, security deposits, etc.
On the other hand, MI Comp L § 600 (2022) provides various grounds for a landlord to begin recovering possession of property from the tenant.Â
There have yet been some minor changes to the Michigan eviction laws. The new provisions aim to foster fair and equitable tenant treatment throughout the eviction process. It seeks to promote transparent and timely communications between both parties.
Additionally, it makes provisions for mediation processes and prohibits retaliatory and discriminatory evictions. This focuses on improving a fair and balanced relationship between landlords and tenants.
Types of Rental Agreements in Michigan
Rental agreements are contractual agreements. They allow a property owner to rent his house for use and occupation for a specified period. There are various types of rental agreements in Michigan, and these are:
- Standard Residential LeaseÂ
This rental agreement specifies the usual details required in a lease agreement. They include the name of the parties, duration, rent price, security details, and many more. A standard residential lease agreement is typically fixed for a year, more or less. They also contain other required restrictions, such as the pet and smoking policy, parking access, etc.Â
- Month-to-Month Lease
There’s no need for a written agreement in this type of rental agreement. It happens when a tenant is given the right to possess the landlord’s property without any specific end date. Thus, rent is made month after month. A month-to-month lease can last for many years and a few months, depending on the tenant’s relationship with the landlord. In this case, ample notice from both parties is sufficient to terminate the agreement.Â
- Sublease Agreement
This is when an existing tenant legally transfers his right to possess the rental unit to another tenant, which is referred to as the sub-lessee. This transaction usually involves three parties. These are the landlord (property owner), the sublessor (original tenant), and the sublessee. However, the landlord must give his consent before any subletting arrangement is made.
- Roommate Agreement
A roommate agreement is a written contract between roommates. It outlines a defined house rule and the rights and obligations of both parties while living together. They usually contain rules on behavioral conduct, maintenance duties, rent payments, etc.Â
This agreement is binding only if each party agrees to it. Landlords do not need to consent to it.Â
- Commercial Leases
This type of rental agreement is used for commercial business properties. When renting an office space or business property, a commercial lease agreement is often drafted to guide the conduct of both parties. A commercial lease agreement usually lasts for five to twenty years.
- Rent-to-Own Agreement
This typically includes a standard lease agreement and an option to buy the property later. In other words, it allows a person to rent the property for a specific period but with the option of purchasing it when the lease runs out.Â
In most cases, such a person will rent the property at a rate above fair market value. However, that extra would be a down payment to purchase the property.Â
- Association of Realtors Lease Agreement
This is a contractual agreement drafted by a realtor (estate agent). They are used to guide rental property management and maintenance for the landlord or tenant. These realtors show prospective clients the property, run credit card checks, negotiate prices, etc.Â
Once the landlord and prospective client have agreed, the parties concerned will write and sign a lease.
Grounds for Eviction
There are numerous reasons within the landlord’s competence to evict his or her tenant.Â
These reasons range from a breach of the lease agreement to intolerable conduct. However, the law prohibits frivolous and discriminatory evictions.Â
On this note, here are a few reasons to grant eviction notices in Michigan:
- Failure to Pay Rent
Rent is considered due a day after the due date stipulated in the agreement. However, some rental agreements usually include a grace period.Â
Under Michigan eviction laws, the landlord must serve a 7-day eviction notice to the tenant. This notice is to implore him or her to pay the overdue rent within seven (7) days (excluding weekends and holidays), or legal actions will be taken.Â
The defaulting tenant can stop this eviction process by tendering the full overdue rent money.Â
- Violation of Lease Terms
Violating any essential lease terms may be grounds for commencing an eviction process against the tenant. However, these lease terms may vary from party to party. It could be creating a nuisance, keeping unwanted pets, smoking on the property, etc.
If a tenant violates any lease term, under Michigan legislation, the landlord can issue a 30 day eviction notice for the tenant. However, if the tenant fixes the issues on time, the landlord has no reason to continue the eviction process.Â
- Illegal Activities
Where a tenant engages in any illegal activities on the landlord’s property, for instance, theft, violence, assault, etc.Â
Under the Michigan eviction law, the landlord can issue a 7-day eviction notice against the tenant. If it involves drugs, the landlord is required to serve a 24-hour eviction notice to the tenant.
Where it involves fraudulent drug intake, possession, or sale, the landlords must obtain an official police report on the issue.
- Holdover Tenancy
Holdover tenancy occurs when a tenant continues to reside in the landlord’s property after the lease agreement has expired or there is no lease agreement.
Under Michigan law, the landlord can issue a 30 day eviction notice against the tenant (if he pays month-to-month).Â
The tenant is to leave the property within the notice period. Otherwise, further legal actions will be taken to restrain him or her from accessing the property.Â
It’s important to note that landlords are not mandated to serve a notice with no lease agreement or where it has expired within the first 6 months.Â
- Property Damage
The landlord can serve an eviction notice where the tenant causes substantial damage to the property.Â
For instance, making holes in the wall, destroying door handles, breaking furniture, etc.Â
In such a case, the tenant will be liable for such damage.Â
Landlords are not legally required to allow the tenant to fix the damage. Therefore, they are at the discretion to issue a 30 day eviction notice in Michigan.Â
The tenant can either choose to fix the damage or move out of the premises before the timeframe elapses.Â
- Health or Safety Hazards
A tenant can be evicted where they cause serious health hazards or continuous physical damage to the premises. The landlord can evict such a tenant by serving a 7-day eviction notice.Â
Examples of these health hazards include improper waste disposal, electrical wire damage, etc.
Types of Eviction Notices in Michigan
It’s a common principle that a landlord can not enforce or drive his tenant out without an eviction notice in Michigan.Â
An eviction notice is the process of taking a tenant out of a rented property legally.Â
The eviction laws in Michigan allow faster access to court and quicker dispute resolution than regular litigation. Â
The process can take two weeks to two months, depending on whether or not the party appeals the case.Â
On this note, it’s important to note that there are numerous types of eviction notices. These would help one to be aware of his or her rights, responsibilities, and the proper legal procedures.
Here are the following types of eviction notices in Michigan:
Eviction Notices with Cause
In Michigan, a landlord can not evict his tenant without any just cause. He can although do it for non-payment of rent, lease violation, holding over property, engaging in illegal activities, and many more. However, proper notice is still required.
- Â 7-Day Notice to Pay or Quit
When the payment for the house rent falls in arrears, a 7-day eviction notice in Michigan is usually given to the tenant. He’s to make such a payment within seven days or quit. Otherwise, the landlord can continue the eviction process in court or the tenant can choose to vacate on his own.Â
- 7-Day Notice to Quit
Where the tenant has caused substantial health hazards to the property, the landlord can serve a 7-day eviction notice to the tenant.Â
Except where the tenant fixes the issue before the notice is filed or before the 7-day timeframe elapses.
It’s, however, important to note that the landlord is not obligated to allow the tenant to finish the repairs within the 7-day notice. He can continue the eviction process if the damage is still there.
- 24-Hour Notice to Quit
Where the landlord suspects a tenant to or has been manufacturing, delivering, possessing, or possessing with intent to sell illegal substances, he is obligated by law to obtain a police report. Also, he should serve the tenant a 24-hour eviction notice in Michigan, asking him to vacate the premises.Â
- 30-Day Notice to Quit
A landlord can issue a 30 day eviction notice in Michigan where the tenant has violated an agreed lease term. Examples are smoking, where it is prohibited, using prohibited appliances or machines, etc.Â
These are usually expressly agreed upon in the lease agreement or impliedly agreed between the parties. However, the 30 day eviction notice mainly applies to tenants that pay rent every month or without a lease.Â
Eviction Notices Without Cause
Every landlord must undergo the legal eviction process before a tenant can vacate the premises or fulfill an obligation.Â
However, there are certain instances where the landlord is not obligated to issue eviction notices in Michigan. These are:
- Where the tenant remains in the property after the lease agreement has ended.
- Where a person forcefully or unwantedly forces his or her way onto the property and decides to live in it. In other words, squatting or trespassing.
In these two instances, the landlord is not mandated to give an eviction notice to the tenant in Michigan. He can employ any legal means to remove such a person from his property.Â
Eviction Process in Michigan
Issuance of Eviction Notice
The first step to commencing an eviction process in Michigan is to serve the tenant a notice detailing the reason for the eviction. It could be because of nonpayment of rent, illegal activities, etc.Â
The landlord must serve the right eviction notice to the tenant. In Michigan, the eviction notice can be served to the tenant in person, by mail, electronically (email), or through a member of the tenant’s family.Â
Landlords are also advised to keep a copy of the eviction notice, as it can be used as proof that the landlord has fulfilled his part of the process.Â
Filing an Eviction Lawsuit
Where the tenant refuses to vacate the premises or perform a certain act, the landlord can file and serve a summons for eviction.Â
The Michigan eviction notice may also include a cause of action in damages, alongside any rent due. The district court typically handles eviction procedures in the county where the property is situated.
In line with Michigan eviction laws, the cost of filing a complaint is $45. But where it involves monetary judgment, it would cost an additional $25 to $150, depending on the circumstances of the case.
The summon, complaint, copy of the original notice, and lease agreement must be served to the tenant. By a court official or anyone authorized by the court at least three days before the court’s first hearing under MI Comp L § 600.5735 (2022).Â
Serving the Eviction Notice and Summons
Under MI Comp L § 600.5718 (2022), the summon is considered to be served on the tenant where it is by:
- Personal Service: Where it is delivered to the tenant personally.
- Substituted Services: The summon can be delivered to a close family, household, or relative of the tenant. It must be a person of suitable age and discretion that the summon be delivered to the tenant.Â
- First-Class Mail: It could also be via mail with a certified return receipt.
- Electronic Communication: The summons can be served by email. However, this must be with the tenant’s agreement. They are preferably used when it is included in the rental agreement. Â
The proper eviction documents must be served to the tenant, at least three days before the court hearing, or it could affect the root of the case. In such a case, the landlord may be unable to plead his case.
Tenants have the inherent right to receive and respond to eviction notices and summons in Michigan. This is a legal process that every landlord must undertake to vacate a legible tenant from his premises.Â
He has no right to repossess the property illegally or dispose of the tenant’s property without a right, aside from where the tenant is holding over or trespassing.Â
Court Hearing and Judgment
Both parties must appear at the court and prove their ground and defense, respectively.
Under MI Comp L § 600.5735 (2022), the eviction hearing shall commence 10 days after the date the court issued the summons. It can also be within 5 days when the local court deems it fit.Â
Although tenants are not required to file a formal written address in response to the summon or eviction notice, they can also choose to do so.Â
Under MI Rules of Civil Procedure, Rule 4.201. 5(a) (2020), it provides that where the defendant (tenant) fails to make an appearance, the court may, on the motion of the plaintiff (landlord), enter a default judgment based on the landlord’s argument and evidence. However, where both parties are absent before the court, the judge may choose to adjourn the case for seven days.Â
Since the onus of proof lies on the plaintiff, the landlord is responsible for proving his ground(s) of eviction. Whether it is nonpayment of house rent or constituting a nuisance, the landlord has to prove it in court. Documentary evidence, witnesses, and recordings may be used for this purpose.Â
In rebuttal, the defendant may present other evidence. This may include the rent receipts, communication with the landlord, or other documents disputing the ground(s) of eviction. Both parties are expected to provide legal arguments based on Michigan landlord-tenant laws.
The judge is to evaluate the credibility and relevance of the presented evidence and arguments.Â
If the court rules in favor of the landlord, a writ of restitution will be issued. However, if the court favors the tenant’s argument, the case will be dismissed, and the tenant will be allowed to remain on the premises.Â
However, there are occasions where the court would issue a conditional ruling. This allows the tenant to remedy the cause, e.g., pay house rent, fix the damage, etc.Â
Tenant Defenses
The defendant can rely on the following defenses against the plaintiff’s argument in an eviction process in Michigan:
- Self-Help Eviction: The tenant can argue that the landlord had engaged in some self-help remedies without recourse to the court. Examples include deactivating utility systems, restricting access, removing property, etc.Â
- Retaliation: The tenants can claim that the eviction notice is in response to the exercise of their legal action, e.g., joining a tenant’s union, reporting illegal activity, etc.Â
- Lease or Legal Violations by Landlord: The tenant can claim that the landlord has violated a term in the lease or breached a legal obligation.Â
- Repair and Deduct Situations: In Michigan, tenants can deduct some money if the landlord fails to address an essential property affair. For example, fixing the plumbing pipe, etc. In such a case, the tenant can raise this as a defense where the Michigan eviction notice stems from exercising such right.Â
- Improper Eviction Notice: Tenants can challenge the eviction process. They may claim that the landlord failed to give proper notice or deliver the eviction notice according to Michigan eviction laws.
Discrimination: The tenant may claim that the eviction notice is due to discriminatory reasons, for example, race, gender, religion, or disability.
Writ of Restitution
As deduced in MI Comp L § 600.5744 (2022), a writ of restitution is issued 10 days after the date of judgment in favor of the landlord. This gives the tenant ample time to appeal, as the case may be. The writ is given to the landlord.
However, there are occasions where the writ of restitution is issued immediately after the judgment is given. These are evictions related to illegal drug activity or environmental health violations or where there’s an entry without any title or interest in the property.
There are times when the writ of restitution will not be issued. This is when the eviction process is based on nonpayment of money, and the defendant has made all necessary payments.Â
The writ of restitution is aimed by the court to restore the plaintiff in full. It also allows for peaceful possession of the property by removing unwanted occupants and their properties.Â
Once the writ is issued, it must be given to the appropriate law enforcement agencies for enforcement within 7 days from when it is issued.Â
Executing the Eviction
Michigan laws do not provide a specific timeframe for the agencies to execute the eviction.Â
MI Comp L § 600.5744 (2022) allows the tenant’s personal property to be removed by an officer, bailiff, sheriff, or deputy sheriff authorized by the court. Also, such property can be left in a public space or delivered to the sheriff in an area he determines.Â
Where the tenant abandons the premises with his personal property in it, his property will be managed in a manner determined by the officer.Â
Tenants, however, have the right to vacate the rental premises within 7 days after the writ has been issued. Otherwise, the enforcement agencies have the right to vacate such a tenant forcefully.Â
However, eviction laws in Michigan do not allow landlords to engage in any form of illegal eviction methods even after a writ of restitution has been issued. It should be left instead for the appropriate authorities.
However, the landlord is not obligated to store the tenant’s personal property. He can leave it outside the premises for 24 – 48 hours before disposing of it.Â
Eviction Notice by States
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FAQs
An eviction process in Michigan may take 2 weeks to 2 months. This, however, depends on the circumstances of the case and whether such a case is appealed or not.
Eviction notices in Michigan can be served in several ways. These include personal delivery, certified mail with a return receipt requested, a close and responsible relative, or electronic mail.
An immediate order of eviction in Michigan is a court-issued order. This requires the tenant to vacate the premises without the required eviction notice process. This is common when the tenant has broken many lease terms or is an imminent danger to the landlord or society.
The cost of undertaking an eviction notice in Michigan may vary depending on the case’s particular circumstances. For example, the cost of obtaining legal services, monetary judgment, etc. However, the total cost may range from $120 to over $1,000.
If a party fails to appear in court, a default judgment would be granted against such party. In other words, absence in court is more like an admission to the cause.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
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