Understanding Eviction Laws in Michigan: A Guide for Tenants and Landlords in the Post-Pandemic Era

With major COVID-19 pandemic housing protections drawing to a close, and the rate of evictions escalating, understanding the specifics of Michigan law concerning tenant and landlord rights becomes crucial. Eviction is a process, laid down by law, that enables landlords to legally evict renters from their premises. According to Michigan Legal Help, a Michigan Supreme Court-funded program, landlords cannot force tenants out of a rental property without first obtaining an eviction order from the court. The law prohibits landlords from altering locks or discontinuing utilities to prevent tenant access.

An eviction order empowers a court officer to remove a tenant and their possessions from a property. Disputes can be resolved at various stages, with some reaching a settlement before court involvement, while others require legal adjudication. Michigan law provides a detailed roadmap for the eviction process.

Evictions can result from various situations, including non-payment of rent, lease violations, excessive property damage, creating a health hazard, or engaging in illegal drug activity. Other factors could include a landlord’s belief that there’s “just cause” for eviction, particularly in federally subsidized housing or mobile home parks.

The eviction process starts with a notice, also known as a “notice to quit” or “demand for possession,” which explains why the landlord wants the tenant to move and how much time the tenant has before court action is initiated. This notice must be written and contain specific details like the tenant’s name, property address, eviction reason, timeframe for resolution, date, and the landlord’s signature.

Depending on the reason for eviction, tenants are given varying amounts of time, from 24 hours to 30 days, to rectify the problem. For example, they are allowed 24 hours to address illegal drug activity, 7 days for non-payment of rent or health hazards, and 30 days for lease violations like smoking or pet possession.

According to the MSU College of Law guide for landlords and tenants, an eviction notice is different from an eviction order; tenants do not have to move immediately after the notice period expires. Some issues, such as unpaid rent, can be resolved. However, more serious offenses like lease violations or illegal activities may lead to legal suits if the tenant does not vacate the property.

Following the notice period, landlords may file a lawsuit to take the matter to court. In certain circumstances, such as squatting or trespassing, landlords may not be required to provide a notice. However, landlords must avoid preventing property access without court approval, such as through property destruction or refusal of repairs.

The eviction process, as outlined in the MSU guide, can take between 21 to 57 days and involves several steps:

1. The landlord must serve a notice to the tenant.
2. If non-compliant, the landlord can initiate eviction by filing a civil lawsuit, following which the tenant will receive a summons.
3. If unresolved, a judge makes the final decision on eviction.
4. If the judge rules in favor of the landlord, the tenant can be evicted.
5. A court officer, hired by the plaintiff, can execute the eviction order once signed by a judge.

For assistance and more information about evictions, visit Michigan Legal Help and the Michigan Attorney General’s website for landlords and tenants. For an extensive overview of eviction proceedings, refer to the resources provided by the Michigan Legislature. Additional help is available through the United Way for Southeastern Michigan’s 2-1-1 helpline.