Eviction is the legal process of making a tenant move out of a rental home. In Michigan, the eviction process goes faster than other types of lawsuits.
If your landlord gets an eviction order, only the sheriff or another court officer can physically remove you and your belongings from the home.
It’s illegal for a landlord to evict you without going to court and getting an eviction order first. Your landlord can’t do anything that prevents you from getting into or staying in your home without an eviction order. Your landlord must not:
If your landlord does anything to remove you from your home or keep you out of your home by force without an eviction order, you may be able sue your landlord. If the court rules in your favor, you could be able to stay in the home and recover up to three times the amount of your actual damages or $200 per day, whichever is more.
Here are reasons your landlord can start an eviction case:
In most cases, a landlord has to give you notice before they start an eviction case. There are two kinds of notice. Both kinds tell you why your landlord wants you to leave and how much time you have to act to avoid an eviction case being filed against you.
Your landlord must give you a demand for possession before starting an eviction for:
Your landlord must give you a notice to quit before starting an eviction when:
Your landlord might not be required to give you a notice to quit or demand for possession if you’re being evicted for staying after your lease ends.
If you forced your way into the home or kept it by force (sometimes called trespassing or squatting), you are not a tenant. The landlord does not have to go to court to evict you. The landlord can remove you from the property.
If a notice to quit or demand for possession is required, your landlord can serve it in one of these ways:
In order for your landlord to be able to serve you by e-mail all of these must happen:
If you change your e-mail address, you must let your landlord know about your new e-mail address in writing, or go through the process listed above for your new e-mail address.
The notice to quit or demand for possession must:
After getting a notice, you have a certain amount of time to fix the problem, pay rent or take some other action, or move out of the property. If you haven’t done what the landlord asked for by the time the notice expires, your landlord can go to court and start an eviction case. The amount of time you have between when your landlord gives you the notice and when they can file an eviction case depends on the reason for the eviction.
Time before Landlord can sue after serving notice or demand for possession
The time between rental payments (such as a month, a week, etc.)
The lease should say how much notice is required
No notice required
Notice of the time between rental payments (a month, a week, etc.) may be required
The time required varies. To learn more, read
The time between rental payments (such as a month, a week, etc.)
It is important to read the notice when you get it. If you and your landlord can resolve the problem, there may be no need for a court case.
For example, Larry Landlord gave Therese Tenant a demand for possession that said she owes $500 rent. He gives it to her on September 1st. Therese could:
If instead Larry gives Therese a notice to quit on May 1st because he thinks she has a dog when the lease says no pets and that having one will lead to eviction, she can: