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Eviction: What is it and How Does it Start?

Contents

    Eviction is the legal process of making a tenant move out of a rental home. In Michigan, the law allows for faster access to court and a quicker resolution in an eviction case than a lawsuit would usually take.

    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 having access to your home without an eviction order. Your landlord must not:

    • Use force or threaten to use force to make you leave or keep you out of your home

    • Enter your home without your permission, unless it’s an emergency

    • Remove, withhold, or destroy your property

    • Change, alter, or add locks or security devices to the home without your permission

    • Board up the premises to prevent entry or make it more difficult

    • Cause an interruption or shut-off of water, electric, or gas service

    • Cause loud noises, bad odors, or other nuisances

    • Put your belongings out on the street

    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 can 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. If your landlord gets an eviction order, only the sheriff or court bailiff can physically remove you and your belongings from the home.

    If you moved into the home without permission or some other legal right to be there, the landlord can probably legally remove you and your belongings. The landlord does not have to go to court to do this. The landlord does not need to have the sheriff or a court officer remove you from the home. This only applies if you moved in without permission or by using force.

    Reasons for Eviction

    There are eight reasons your landlord can start eviction proceedings:

    • You haven’t paid rent;

    • You didn’t move when your lease ended;

    • You violated a lease term that the lease says will lead to eviction;

    • You caused extensive and continuing physical damage to the home;

    • You created a serious and continuing health hazard in or to the home;

    • You were involved in illegal drug activity on the property; or

    • Your landlord believes there is “just cause” or “good cause” to evict you from a mobile home park or from federally subsidized housing.These types of evictions have special rules. See the Eviction from Subsidized Housing toolkit or the I'm Being Evicted From a Mobile Home Park toolkit to learn more.

    Notice Requirements

    You are probably entitled to notice before your landlord can evict you. 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 a lawsuit.

    Your landlord must give you a demand for possession before starting an eviction for:

    • Nonpayment of rent

    • Illegal drug activity on the property

    • Physical damage to the property or creating a health hazard

    • Just cause for mobile home or subsidized housing tenants

    Your landlord must give you a notice to quit before starting an eviction for:

    • Violating a lease provision where the lease allows for termination

    • There’s no written lease or it’s a month-to-month lease, and your landlord wants you to move

    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, you are not entitled to notice. This is sometimes called trespassing or squatting. If you are 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 three ways:

    • By giving it to you in person, OR

    • By leaving it at your home with a member of your family who is old enough and responsible enough to give it to you, with a request that it be given to you, OR

    • By mailing it to you.

    The notice must:

    • Be in writing

    • Be addressed to the tenant

    • Describe the rental property, usually by giving the address

    • Give the reason for the eviction

    • State how much time the tenant has to fix the problem, if there is one

    • Include the landlord’s address and the date of the notice

    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 requires by the time the notice expires, your landlord can go to court and begin the process to evict you. The amount of time you have to act depends on the reason for the eviction.

    Reason for Eviction

    Time before Landlord can sue after serving notice or demand for possession

    Tenant hasn’t paid rent

    7 days

    Tenant has injured the home

    7 days

    Tenant has created a health hazard

    7 days

    Illegal drug activity on the property

    24 hours

    Violating a lease provision

    30 days

    Forceful entry/forceful stay/trespass

    No notice required

    Tenant has stayed after lease ended

    30 days notice is required if it’s been more than 30 days since the lease ended. Notice may not be required if it’s been less than 30 days.

    Just cause for mobile home owners or subsidized housing

    The time required varies. Read the article Mobile Home Evictions - Special Rules to learn more. 

    Tenant doesn’t have a written lease or it’s a month-to-month lease

    One rental period

    Read the Notice to Quit or Demand for Possession when you get it. If you want to continue living on the property, you may be able to take steps to fix the problem. 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:

    • Pay the money by September 8th, and stay in the home

    • Move out by September 8th, (Larry could still sue Therese for the amount of rent she owes)

    • Talk to Larry to see if they can work something out by September 8th (maybe she doesn’t think she owes the amount of rent he says she owes)

    • Do nothing and wait for Larry to sue (if she chooses to do this, Therese should also get ready for the court case)

    If instead Larry gives Therese a notice to quit on May 1st because he thinks she’s gotten a dog when the lease specifically says no pets and the lease states violating it will lead to eviction, she can:

    • Move out by June 1st

    • Talk to Larry to see if they can work something out

    • Wait for Larry to sue (if she chooses to do this, Therese should also get ready for a court case)

    For information about eviction cases in court, read the article Going to Court in an Eviction Case.