Being Evicted
MCL 600.5714 — a demand, a court, and a writ; never a lock
In Michigan a landlord recovers possession through a court, in what the statute calls summary proceedings. For unpaid rent the process starts with a written demand, and the tenant who has not paid within 7 days from service of that demand is the one the court may remove. Rent due does not include accelerated debt from a breach of the lease.
| The ground | The notice the statute sets |
|---|---|
| The groundRent not paid | The notice the statute setsA written 7 day notice to quit, or demand for possession |
| The groundA month to month or other tenancy at will, ended by either side | The notice the statute sets1 month's notice, or where rent is paid at intervals under 3 months, notice equal to the interval between payments |
| The groundA lease clause on controlled substances, with a formal police report filed | The notice the statute setsA written 24 hour notice |
After a judgment for possession, the court issues a writ of restitution, and it is carried out by a court officer or bailiff of that court, the sheriff or a deputy, or an officer of the local police, who restores possession by removing the occupants and their property.
A lockout is not an eviction. It carries its own damages. A tenant whose possession is unlawfully interfered with by the owner may recover actual damages or $200, whichever is greater, for each occurrence, and possession if it was lost. The statute lists what counts: force or the threat of it, removing or keeping the tenant's belongings, changing the locks without immediately handing over keys, boarding the premises, removing doors, windows or locks, cutting off an essential service such as heat, running water, hot water, electric or gas, and bringing in noise, odor or another nuisance.
A person forcibly and unlawfully put out of a home, or kept out by force, may recover 3 times actual damages or $200, whichever is greater, as well as possession. The section lists when an owner's acts are not unlawful interference, among them acting under a court order and a temporary interruption only as needed for repairs or inspection as the law provides.
How quickly a writ may issue after a judgment, the defenses a tenant may raise in the proceeding, and local court rules are not set out here. Legal aid offices across Michigan handle eviction cases.
Sources for this section (4)
- MCL 600.5714 — Summary proceedings to recover possession of premises
- MCL 554.134 — Termination of a tenancy at will, and notices to quit
- MCL 600.2918 — Unlawful interference with a tenant's possession
- MCL 600.5744 — Writ of restitution
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.