Eviction Timeline Landlord’s Duties Tenant’s Duties
Some incident gives rise for eviction. Provide proper notice of intent to evict. Read the notice. Certain reasons for
Michigan Statute 600.5714. Michigan Statutes 600.5716, 600.5718. eviction can be cured (e.g.,
Forms DC 100a, DC 100c (from the court). nonpayment of rent can be cured by
24-HOUR NOTICE is required for paying the rent). Certain other
the following reason: The notice MUST: reasons cannot be cured and Tenant
a) Illegal drug activity and formal a) Be in writing; must move out (e.g., breach of lease,
police report filed (lease b) Be addressed to the Tenant; illegal drug activity). Otherwise, you
provision must allow for c) Describe the rental property may be sued.
termination). (address is sufficient);
7-DAY NOTICE is required for the d) Give reason for eviction; Recommendation: Contact the
following reasons: e) State the time for Tenant to Landlord to peacefully discuss his or
a) Nonpayment of rent; take remedial action; her reasons for eviction. Try to work
b) Extensive and continuing f) Include Landlord’s signature; things out to remain in the rental
physical injury to property; and property.
c) Serious and continuing health g) Include date.
30-DAY NOTICE is required for the The notice MUST be delivered:
following reasons: a) In person to the Tenant, OR
a) Violation of a lease provision b) At the rental property, to a
and the lease allows for member of Tenant’s
termination; household—of suitable age—
b) Forceful entry OR peaceful requesting that it be delivered
entry, but forceful stay OR to the Tenant, OR
trespass; c) By sending it through first-
c) Holding over after natural class mail addressed to the
expiration of lease term; Tenant.
d) Just cause for terminating
tenant of mobile home park;
e) Just cause for terminating
tenant of government-
BEGIN THE LAWSUIT: After the The Summons. The Summons The Summons will have a date and
time period in the notice has commands the Tenant to appear at the time ordering the Tenant to appear in
expired—either 7 or 30 days—if court for trial. court. As the Summons commands,
things cannot be worked out: Michigan Court Rule 4.201(C). you MUST appear at the court for
Form DC 104 (from the court). this hearing.
File with the district court and serve on
the Tenant a Summons and Complaint. The Complaint The Complaint You MUST appear and answer the
Michigan Statute 600.5735. gives further notice of the cause of Complaint by the date on the
action, or grounds, for the eviction. Summons. You can do this either in
Landlord MUST attach the following: writing OR orally at the hearing.
a) A copy of the Lease; AND
b) A copy of the notice of intent Recommendation: It is best to contact
to evict—stating when and a lawyer to help you through this
how it was delivered. process.
Michigan Court Rule 4.201(B).
Forms DC 102a, DC 102C (from the court)
The Summons and Complaint
MUST be delivered (and proof of
how and when they were delivered
must be filed with the court) to the
Tenant BY MAIL AND ONE
a) Personally, OR
b) Sent by mail—certified,
c) At the rental property, to a
member of Tenant’s
household—of suitable age—
requesting that it be delivered
to the Tenant, OR
d) After diligent attempts at
personal service, by securely
attaching the papers to the
main entrance of the rental
Michigan Court Rule 4.201(D).
Eviction Timeline (cont.) Landlord’s Duties (cont.) Tenant’s Duties (cont.)
TRIAL: Within 10 days there will be You have a right to an attorney; you You must appear and answer the
a trial/hearing. may ask for time to retain one. Complaint. You have a right to an
Michigan Court Rule 4.201(F). Generally, the judge will adjourn for 7 attorney; you may ask for time to
days. You have a right to a jury retain one. Generally, the judge will
If either party appears without an trial; however, you must demand it in adjourn for 7 days. You have a right
attorney, but requests to retain one, the Complaint and pay the jury fee. to a jury trial; however, you must
the judge will generally adjourn the (The fee starts at $40 and goes up demand it in your first response—
trial hearing for 7 days. depending on the amount in written or oral—and pay the jury fee.
controversy.) (The fee starts at $40 and goes up
depending on the amount in
Provide testimony, documents, and controversy.)
other evidence that you are lawfully
entitled to recover possession of your Defending Landlord’s claim may
rental property. require you to testify and provide
documents and other evidence of why
Recommendation: Dress nicely, be you should be entitled to remain in
prepared, and be respectful of the possession of the rental property.
Recommendation: Dress nicely, be
prepared, and be respectful of the
JUDGMENT: After trial, the judge If judgment is for you, the Landlord, If judgment is for you, the Tenant,
will render a decision either in favor it may include an award for any you may remain in possession of the
of the: money due and for costs. You may rental property.
a) Landlord (evicting the Tenant), begin collections on the money Michigan Statute 600.5747.
OR judgment if Tenant does not otherwise
b) Tenant (allowing him or her to pay or appeal. You will have to wait If judgment is for the Landlord, you
remain in possession). to regain possession by requesting a must either:
Writ of Eviction. a) Make full payment (if the
A money award may also be entered Michigan Statute 600.5741. eviction can be cured by
for damages incurred by either party. payment), OR
Michigan Court Rule 4.201(K). If judgment is for the Tenant, he or b) Settle the dispute, OR
she may remain in possession of your c) Move out, OR
rental property. d) Appeal the judge’s decision.
APPEAL: Within 10 days after Decide quickly whether to appeal. Decide quickly whether to appeal.
judgment, either party may appeal the
judge’s decision. The party appealing
the judge’s decision must pay an appeal
bond, filing fees, and transcript fees to
preserve the appeal and stop the Writ of
Eviction from being issued.
Michigan Court Rule 4.201(N).
EVICTION: After 10 days—a Writ Once the sheriff executes the Writ, If the reason for the eviction was
of Eviction may be requested, issued, you regain possession of your rental nonpayment of rent, full payment of
and executed. property. the rent, plus fees and costs awarded,
Michigan Statute 600.5744(4); Michigan Court may stop the issuance of the Writ of
Rule 4.201(L). Eviction. Partial payment will not
Issuance: Issuance must occur within stop the issuance of the Writ.
56 days after judgment is entered and WARNING: Other reasons for
must be executed no later than 56 days eviction may not be cured by payment
after the writ is issued. and you must move out before the
Important: Certain situations may sheriff executes the Writ and moves
allow issuance of a Writ of Eviction things out for you.
Michigan Statute 600.5744(2).
FROM START TO FINISH—
IT CAN TAKE
AS FEW AS 27 DAYS OR AS MANY AS 57 DAYS
TO EVICT A TENANT!
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