A Guide to the Eviction Process in Grand Rapids, MI

Key Takeaways

• Use the correct eviction notice for the specific situation, as an incorrect notice can delay the process and require you to start over.
• Keep detailed lease records, payment histories, and written documentation to help support your case if an eviction reaches court.
• Plan ahead for court deadlines and sheriff scheduling, since the eviction process may take longer than expected even after a judgment is entered.
• Working with an experienced property management company can help you maintain compliant lease practices and reduce the risk of procedural errors during an eviction.

Michigan’s eviction process runs through the district court where the rental property sits, and while the overall sequence is fairly standard, nonpayment, notice, hearing, judgment, and writ, the notice period attached to each ground varies more here than in a lot of states. 

Real Property Management Partners handles this process regularly for owners across Grand Rapids, Wyoming, and the surrounding West Michigan communities. See how our residential property management services keep a lease compliant well before it ever reaches this point.

What’s the Eviction Process in Michigan? Here’s a Guide

Michigan’s eviction laws sit primarily in Chapter 600 of the Michigan Compiled Laws, specifically the summary proceedings statute at MCL 600.5701 through 600.5759, along with MCL 554.134 governing notices to quit. 

Landlords don’t need to prove just cause to let a fixed-term lease expire, but every other path to eviction, nonpayment, damage, lease violations, or illegal activity, requires the correct written notice before a case can be filed.

Notice for Lease Termination with Legal Cause

A Michigan landlord can pursue eviction for several legally recognized reasons, including:

• Nonpayment of rent.
• A serious and continuing health hazard or extensive property damage caused by the tenant.
• Violation of the lease terms.
• Remaining on the property after the lease or notice period ends.
• Illegal drug manufacturing, delivery, or possession on the premises.
• Causing or threatening physical injury to another person on the property.

7-Day Demand for Possession (Nonpayment)

For unpaid rent, landlords serve a written 7-Day Demand for Possession. If the tenant pays everything owed before the landlord files suit, the demand is generally considered satisfied.

30-Day Notice to Quit (Lease Violation)

For curable lease violations, landlords typically issue a 30-day notice, giving the tenant a chance to correct the issue or vacate before the landlord can file.

7-Day Notice to Quit (Health Hazard, Property Damage, or Violence)

If a tenant causes a serious and continuing health hazard, extensive property damage, or threatens physical injury to someone on the property, the landlord can serve a 7-day notice with no opportunity to cure the underlying issue, only to vacate.

Getting the notice type matched to the actual situation matters, since a mismatched notice period is a common reason cases get dismissed and restarted. 

Serving a Tenant with an Eviction Notice in Michigan

Ending a month-to-month tenancy without a specific violation requires at least one rental period’s written notice, generally 30 days, under MCL 554.134. 

Once the applicable notice period runs out without the tenant complying, the landlord files a summary proceedings complaint in the district court where the property is located, and the court is required to set an initial hearing within 10 days of the summons being served.

If the lease includes a clause permitting termination for controlled-substance conduct, and a tenant has possessed a controlled substance on the premises, with a formal police report already filed alleging that conduct, the landlord can serve a 24-hour notice to quit. 

Without both the lease clause and the police report on file, this accelerated notice isn’t available, and the standard notice requirements apply instead.

Tenant Eviction Defenses in Michigan

A tenant’s defense is a reason the court shouldn’t grant the landlord possession. Common defenses include claims that:

• The landlord waited too long to file after the notice period ran out.
• The landlord refused to accept rent that was properly offered.
• The amount claimed doesn’t match what the lease actually requires.
• The rent charged exceeded what was agreed upon.
• The property wasn’t kept in a habitable condition.
• The eviction is retaliatory, tied to a complaint or repair request.

Attending Court Hearing

Michigan law requires both the landlord and the tenant to attend the eviction hearing. If the tenant loses, they generally still have 10 days after judgment to pay any past-due rent and court costs to stop the eviction before the writ issues. 

If no payment or settlement is reached, the court proceeds toward removal. A tenant who wins the case remains on the property, while a tenant who simply doesn’t show up for the hearing typically loses by default.

Writ of Restitution

If the tenant hasn’t vacated after judgment, the court issues a Writ of Restitution, generally 10 days after judgment for most cases, though drug-related and serious health or safety cases can result in the writ issuing immediately. 

The writ has to be signed by a judge to be valid, and it’s then delivered to the sheriff or a court officer, generally within 7 days of issuance. 

From there, the landlord typically needs to coordinate with that office to schedule the actual eviction, and depending on the court’s caseload, that scheduling can take anywhere from a few days to a couple of weeks.

The Eviction

Once the Writ of Restitution has been served, the sheriff allows the landlord to enter the property and remove the tenant’s belongings, and the landlord should change the locks once possession is regained. 

Michigan doesn’t have a specific statute governing what happens to a tenant’s leftover property after this point, so practices can vary somewhat by local court and by landlord. 

Many owners follow the common local practice of leaving furniture and other items curbside for a short period, before disposing of it, though checking with the local court or an attorney on current local practice is worth doing before assuming this applies in every situation.

Final Thoughts

Michigan’s eviction process rewards precision, since the notice period attached to a case depends heavily on which ground applies. 

A mismatched notice or a documentation gap can add weeks to what should be a straightforward case. If a tenant situation has reached this point, reach out to Real Property Management Partners to see how we can help move it forward. 

If you have specific questions, consider retaining a qualified Michigan attorney for legal guidance. Alternatively, you may choose to work with an experienced property management company for assistance.

Frequently Asked Questions About the Eviction Process

How Long Does the Eviction Process Typically Take in Michigan?

The length of a Michigan eviction depends on the reason for the eviction, the required notice period, court scheduling, whether the tenant contests the case, and how quickly a Writ of Restitution can be executed. 

While some uncontested cases may move through the court system relatively quickly, others can take several weeks or longer if hearings are delayed or additional legal issues arise.

What Documentation Should Landlords Keep During an Eviction?

Property owners should retain copies of the signed lease agreement, rent payment records, written notices, correspondence with the tenant, inspection reports, photographs when applicable, and proof that required notices were properly served. 

Thorough documentation helps demonstrate that the appropriate procedures were followed and can make it easier to respond if questions arise during court proceedings. 

Can A Property Management Company Help With The Eviction Process?

Many property management companies assist landlords by preparing required notices, maintaining lease documentation, coordinating communication, and helping owners navigate the administrative steps involved in an eviction. 

While a property management company cannot replace legal counsel when legal advice is needed, experienced professionals can often help reduce procedural mistakes and keep the process organized. 

What Are Common Mistakes That Can Delay An Eviction?

Some of the most common issues include serving the wrong notice, using an incorrect notice period, failing to document lease violations, accepting rent in situations where it may affect the case, or submitting incomplete court paperwork. 

Taking time to verify documentation and follow Michigan’s required process can help landlords avoid unnecessary setbacks.

Should Landlords Attempt To Negotiate Before Filing For Eviction?

In some situations, discussing a payment arrangement or move-out agreement before filing may resolve the issue without court involvement. 

Any agreement should be documented in writing and should comply with applicable Michigan laws. Property owners may also benefit from consulting qualified legal counsel when evaluating available options.

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.