Michigan Eviction Law

Note: I am not a lawyer, and this does not constitute legal advice.

What constitutes grounds for eviction?

A landlord may evict a tenant for the following reasons:

• For failing to pay due rent.
• For using the property in a way that causes serious injury to the property, or for using the property to further illegal activities.
• For failing to move out after a lease has terminated.

In no case may a landlord seek to evict a tenant in retaliation for the tenant requesting that the landlord fulfill his obligations under the lease.  There must be a separate legitimate reason for the landlord to terminate before the lease ends.

What is the process for evicting a tenant?

The landlord must first give the tenant a notice to quit.  In the case of non-payment of rent or damage to the property, this must be seven days in advance; or, if the termination is for no specific reason, at least 30 days notice is required.

If the tenant still refuses to leave after being notified, the landlord may take the next step, and bring the case to court.  He will file a complaint with the court, who will then serve a summons on the tenant, requesting him to be present at the hearing on a given date.

Obviously, if the tenant wins the case, he will be allowed to remain.  If, on the other hand, the court decides in favor of the landlord, the tenant will be given 10 days to pay back rent and vacate the premises.  After this, the court will give the landlord a writ of restitution which will allow the landlord to have the local sheriff forcibly remove the tenant.

FAQ

Can a tenant be evicted for the actions of a roommate or guest they let into their rental unit?

Yes, if they fail to repair the damage or make restitution to the landlord.  Otherwise, a tenant could lay all the blame on his visitors when it is he who is legally responsible to keep the premises in good condition.

Can a tenant be evicted in the winter?

Yes.  There is no law against it.

Can a tenant be evicted without a hearing?

No, the only legal method for forcing a tenant to move is the court process.  Any other means a landlord might employ, such as harassing his tenant through utility shut-offs, is illegal.

Can a tenant be served a pay or quit notice because of unpaid late fees?

Only if the late fees are reasonable, and a tenant may dispute this fact in court.

Do tenants have a right to be informed of the reason that they are being evicted?

In the notice the landlord gives a tenant to leave the premises, he should clearly state his reason for doing so, as well as if the tenant can do anything to prevent the eviction proceedings.

Resources

1. Michigan landlord/tenant act
2. Guidelines for Michigan Evictions