By Type
Pay or Quit – Used when rent is late or unpaid. It warns the tenant that eviction may follow if payment is not made.
Cure or Quit – Addresses lease violations other than rent. The tenant is told what needs to be corrected to remain in the unit.
Termination of Month-to-Month Tenancy (30-Day Notice) – Provides notice that a month-to-month rental is ending. No violation is necessary to issue this notice.
Notice to Quit for Illegal Activity – Issued when illegal behavior occurs at the property. Eviction may proceed without an opportunity to fix the issue.
Eviction Laws
Michigan law does not provide a statutory rent grace period unless one is written into the lease agreement.
- Rent Grace Period: No statute.
- Non-Payment of Rent: 7 days.[1]
- Non-Compliance: 30 days.[2]
- Illegal Activity: 24 hours.[3]
- Substantial Damage to Property: 7 days.[4]
- Termination of Month-to-Month Lease: 1 month.[2]
- Eviction Lawsuit Type: Summary Proceedings to Recover Possession of Premises.[5]
If the tenant fails to comply within the applicable notice period, the landlord may file an eviction case in district court.
Prohibited Landlord Actions in Michigan
- Utility Shutoff – Landlords may not intentionally shut off or interrupt essential services such as heat, running water, hot water, electricity, or gas. Doing so is considered an illegal self-help eviction.[6]
- Changing the Locks – Landlords may not change, alter, or add locks to exclude a tenant unless keys or unlocking devices are immediately provided. Lockouts without court approval are prohibited.[7]
Violating these rules can result in damages owed to the tenant.
How to Evict a Tenant in Michigan (Step-by-Step)
Step 1: Serve the Proper Eviction Notice
Before filing in court, the landlord must give written notice based on the reason for eviction:
- 24-Hour Notice to Quit – Illegal drug-related activity
- 7-Day Notice to Quit – Non-payment of rent
- 7-Day Notice to Quit – Substantial damage to property
- 30-Day Notice to Quit – Lease violations or month-to-month termination
Proof of notice should be kept for the court.
Step 2: File a Summons and Complaint
If the tenant does not comply, the landlord files the following with district court:
- Complaint (DC 102c)
- Summons (DC 104)
- Copy of the eviction notice
- Copy of the lease (if applicable)
The base filing fee is $45, with additional fees depending on the claim amount:.[8]
- $25 for claims up to $600
- $45 for claims between $600 and $1,750
- $65 for claims between $1,750 and $10,000
- $150 for claims over $10,000
Step 3: Tenant Is Served and May Respond
The court issues the summons, and the tenant must appear within 10 days. If the tenant wishes to contest the eviction, they must file the appropriate Answer form before the hearing.
Step 4: Judgment and Eviction Enforcement
If the tenant does not appear or the judge rules in favor of the landlord, the tenant is given 10 days to move out. If the tenant remains, the landlord must file an Application and Order of Eviction (DC 107). Once approved, the sheriff will schedule and carry out the physical eviction.
Court Forms & Resources
- Complaint (DC 102c) – Filed by the landlord to officially begin the eviction case
- Summons (DC 104) – Served on the tenant after the complaint is filed, notifying them of the lawsuit.
- Application and Order of Eviction (DC 107) – Used after judgment if the tenant does not move out voluntarily. This authorizes the sheriff to remove the tenant.
- Answer for Non-Payment of Rent (DC 111a) – Filed by tenants contesting an eviction based on unpaid rent.
- Answer for Health/Hazard to Property (DC 111b) – Used when eviction is based on property damage or safety concerns.
- Answer to Complaint to Recover Possession of Property (DC 111c) – Filed for all other lease violations.
Sources
- Mich. Comp. Laws § 600.5714(1)(a)
- Mich. Comp. Laws § 554.134(1)
- Mich. Comp. Laws § 554.134(4)
- Mich. Comp. Laws § 600.5714(1)(d)
- Chapter 57 (Summary Proceedings to Recover Possession of Premises)
- Mich. Comp. Laws § 600.2918(f)
- Mich. Comp. Laws § 600.2918(c)
- Michigan District Court Fee and Assessments Table (October 2023)