Landlords often face challenging situations when residents stop paying rent, damage property, or break other lease terms. The only way to resolve these issues legally is through the eviction process. However, landlords don’t have the right to evict residents without a valid reason.
In Michigan, strict rules must be followed to legally evict someone. It includes giving proper notices, filing complaints in court, and sometimes waiting for a court hearing. The process can be complicated, so it’s essential to understand the steps and follow the law carefully.
Keep reading our article to learn how to evict someone renting a room in your house in Michigan and how to handle it correctly.
How To Evict Someone From Renting A Room In Your House In Michigan?
Evicting someone renting a space in your house can be stressful and confusing, especially if you’re unfamiliar with Michigan’s laws. For your convenience, AmeriHome has listed all the legal procedures involved in evicting a resident in Michigan. It helps you navigate the process more quickly and confidently.
1. Review Your Lease Agreement
The first step in evicting someone is to review your lease agreement. This document shows the rules, terms, and conditions of the rental arrangement. It’s essential to understand what’s written in the agreement.
You must look for the rental payment amount when payments are due and any rules about ending the rental agreement. The lease also lists reasons you can evict someone, which you will use to set the grounds for eviction, and adds to the notice.
If the resident breaks any of these terms, the lease agreement will serve as a document explaining why you have the right to ask them to leave.
2. Establish Valid Grounds
Before you can evict someone, make sure you have a valid reason. There are a few common grounds for eviction that you should consider:
- Non-Payment of Rent: If your resident isn’t paying their share of the rent, it breaks the lease agreement. Failing to pay rent on time is a strong reason for eviction, especially if the lease has consequences for this.
- Breach of Lease Terms: Residents must follow house rules, such as no loud noises, no pets, and keeping the place clean. If they keep breaking these rules, it can be grounds for eviction.
- Unsafe or Illegal Behavior: Any actions that threaten your safety or others’ safety, like violence or illegal activities, should not be tolerated. In such cases, eviction is necessary to protect everyone in the house.
- Damage to Property: If your resident damages the house or your belongings, this is a valid reason for eviction. Examples include breaking furniture or leaving walls scratched and dirty.
- Failure to Follow Agreements: If your renter isn’t following the rules you both agreed on, like not cleaning up or misusing shared spaces, it can lead to eviction. If these issues continue, eviction may be necessary.
3. Issue a Written Notice
Once you’ve confirmed a valid reason for eviction, the next step is to give your resident a written “notice to quit.” This notice must be delivered to them in person, posted at the rental unit’s entrance, or left with a family member.
Here are common rules for eviction notices in Michigan:
- 7-Day Rent Payment Notice: According to MCL § 554.134(2), if rent isn’t paid on time, you must give a 7-day notice to the resident. The notice should include the unpaid rent amount and specify that the lease will end if the payment isn’t made within the next seven days. This notice allows the resident a final chance to pay or move out.
- 30-Day Lease Violation Notice: If a resident breaks any lease terms, such as keeping unauthorized pets or extra people in the unit, under MCL § 554.134(1), you must issue a 30-day notice. This notice will explain the violation and give the resident 30 days to fix the problem or vacate the property.
- 7-Day Notice for Health or Safety Hazards: As per MCL § 600.5714(1)(d), if a resident causes severe damage or health risks, you must issue a 7-day notice. It gives the resident time to fix the issue, but the lease will terminate if they fail.
- 7-Day Notice for Violence or Threats: Under MCL § 600.5714(1)(d), if a resident or their guest causes harm or threatens someone on the property, you can give a 7-day notice to quit. This notice does not allow the resident a chance to fix the problem because the safety of others comes first.
- 24-Hour Notice for Illegal Drug Activity: If a resident or their household member is caught dealing or using illegal drugs on the property, as per MCL § 554.134(4), you can issue a 24-hour notice to quit. It is an immediate action to ensure safety, especially after a police report is filed.
5. Considering Mediation
Before going to court, consider mediation. A neutral person helps you and your resident discuss the problem and find a solution. This third party doesn’t take sides but guides you to an agreement.
Mediation can save time, money, and stress compared to a court case. It also allows both parties to speak openly and try to solve the issue without fighting. If you and your resident are willing to work together, mediation can help you find a fair resolution that benefits both sides.
6. Landlord Files an Eviction Lawsuit with the Court
If the resident doesn’t fix the issue after the notice period ends, the landlord can move forward by filing an eviction lawsuit in court. The landlord must file a Complaint to Recover Possession of Property in the Michigan District Court where the property is located.
This complaint includes essential details, such as the case number, court address, landlord’s contact info, and the resident’s name and address. It will also explain why the eviction is happening, confirm that the property is in good condition, and request a judgment for possession.
The filing fee for the complaint is usually $45. Processing time can take anywhere from two weeks to two months. The landlord must also attach the original notice sent to the resident with the complaint. If the resident doesn’t respond to the notice, this step is necessary to proceed with a formal eviction.
7. Wait to Hear from the Resident
After the landlord files the eviction lawsuit, they must wait for the resident to respond. The notice given to the resident will state a certain number of days, which gives them time to fix the issue or pay overdue rent. During this time, it’s a good idea for the landlord and resident to try to work out a solution without going to court.
It can mean the resident pays the rent or makes repairs. If a compromise is reached, the eviction process may not need to continue. However, if the resident doesn’t respond or fix the issue, the landlord can proceed to the next step in the eviction process.
8. Set A Hearing Date
After the landlord files the eviction lawsuit, the court will schedule a hearing date. The court will issue a summons, which is a legal notice that tells the resident when and where the hearing will be.
The summons must be served to the resident by an officer or someone authorized to deliver court documents. In Michigan, the hearing must be held within ten days of the summons being issued. The resident must be given at least three days’ notice before the hearing date.
According to the MCL § 600.5735, if the summons is not served on time, the hearing will be delayed, and a new summons will be issued. Although residents don’t have to file a written response to go to court, they can choose to do so if they want to defend the eviction.
9. Appearing in the Court
On the day of the eviction hearing, the landlord should bring important documents. This includes the lease agreement, eviction notice with proof it was delivered, the complaint, and any evidence of the lease violation.
The landlord and the resident will present their side of the case to the judge. After hearing everything, the judge will make a decision. If the judge sides with the landlord, they will issue a judgment for possession that allows the landlord to remove the tenant using a writ of restitution.
According to the MCL § 600.5744(5), a writ cannot be issued until at least 10 days after the judgment unless the resident is unlawfully holding the property or causing serious damage.
8. Resident Moves Out or Sheriff Enforces Eviction
If the resident doesn’t move out within the specified time, the sheriff will enforce the eviction. They will post a copy of the writ on the resident’s unit and then return later to remove the resident if they haven’t left.
Michigan law doesn’t say exactly how long the final notice period is or how fast the sheriff will return. The timing often depends on how many other eviction cases the sheriff is handling.
If you’re unsure about the process or find it complex, it’s a good idea to seek legal help. A lawyer can guide you through the process and make sure everything is done correctly.
How Much Does It Cost to Evict Someone Renting a Room in Michigan?
Evicting someone in Michigan can come with various costs, depending on the situation. It’s important to note that while estimates can be made, actual costs can vary greatly depending on the details of the case, such as legal fees and other factors.
We have provided a chart to give a general idea of what you may pay throughout the eviction process.
| Action | Approximate Cost |
| Filing fee | $45, plus $25 to $150 if claiming a monetary judgment |
| Service of court summons and complaint | $26 |
| Issuance of writ of restitution | $15 |
| Service of the writ of restitution | $26 |
| Issuance of writ of execution | $15 |
| Legal fees | $500 – $10,000 |
| Average locksmith fees | $160 |
| Storage fees for abandoned property | Varies |
| resident turnover costs | Varies |
How Long Does It Take to Evict a Resident in Michigan?
The timeline for eviction cases in Michigan can vary greatly depending on several factors. It includes how complicated the case is, how many cases the court is handling, and if the resident challenges the eviction or appeals the decision.
Here’s an estimate of how long each step in the process may take:
| Action | Duration |
| Eviction notice period | 24 hours to 30 days |
| Service of summons to resident | At least 3 days before the hearing |
| Eviction hearing | Within 10 days after service of summons |
| Issuance of writ of restitution | 10 days (may be immediate or delayed up to 6 months) |
| Transference of writ to sheriff’s office | Within 7 days |
| Execution of writ of restitution | No later than 56 days after issuance |
| Total | 2 weeks to 2 months |
In Closing
Evicting a resident can be difficult and time-consuming, but it’s important to follow the proper steps to ensure everything is done legally.
You should never try to force someone out without following the law, as this can lead to serious consequences. If you’re unsure about any part of the eviction process, reach out for professional assistance. If you need detailed help with property management in Michigan, contact our experts today for guidance and support.
Frequently Asked Questions
Can I remove a resident immediately after the eviction hearing?
No, you must wait for the court’s judgment and a writ of restitution to be issued. This process typically takes a few days to weeks after the hearing.
What happens if a resident appeals to eviction in Michigan?
If a resident appeals, the eviction process may be delayed. The court will review the case, and the resident will stay until a decision is made.
Can I change the locks to evict a resident in Michigan?
No, you cannot change the locks to evict a resident. You must go through the legal eviction process, and only the sheriff can physically remove the resident.
