What You Need To Know About Eviction in Michigan

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Michigan requires that landlords give tenants either seven or thirty days' notice of eviction depending on the reason being cited. Your landlord must file for eviction with the court to make it official.
Whether you’re living paycheck to paycheck, or you’ve got some savings stashed away, eviction is a major hassle. That’s why you should be aware of your legal rights if your landlord serves you with an eviction notice. 
Jerry, the super app for car and renters insurance app has compiled a list of everything you need to know about eviction in Michigan. Read on to learn about the eviction process, requirements landlords must follow, and other helpful tips that’ll help you avoid a wrongful eviction. 
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Michigan eviction 101: the eight ways you can be evicted

According to Michigan law, there are eight ways that your landlord can legally evict you. These categories are divided by how much notice a landlord must provide a tenant. 
Your landlord is legally required to provide you with a seven day written notice of eviction for the following:
  • You are not paying rent: To avoid eviction, you must pay the rent owed to your landlord within seven days from the notice date. If you have not paid your rent by that time, your landlord can continue the eviction suit and officially file with the court. 
  • Major structural damage to the property: If you repair the damage caused, your landlord may choose not to pursue an eviction. 
  • Health hazards: If you have created a situation where your health is at risk (ex. Failing to throw out your garbage for an extended period of time, which attracts rodents and bugs, damaging the plumbing or electrical system of the property, etc.), your landlord can evict you. They are not legally required to allow you to fix the issue within 7 days and can pursue an eviction suit if you remain on the property. 
  • Drug or illegal activity: This must be accompanied by an official police report and your lease must allow for termination of the lease.
A thirty-day written notice is required for the following as they are considered lesser infractions:
  • Violation of a term of the lease
  • Forceful entry OR peaceful entry, but forceful stay OR trespass
  • Failure to vacate the premises after the end of your lease
  • ‘Just cause’ as defined by MCL 125.694a 
Keep in mind that your landlord must cite one of the above reasons when filing for eviction and cannot file for eviction without cause. However, simply wish to end your tenancy, they can choose not to renew your lease after the term expires. 
Key Takeaway Landlords in Michigan must give either 7 or 30 days written notice of eviction depending on the reason. 
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A timeline of eviction in Michigan

Being evicted can be confusing and stressful, especially if you don’t know what to expect. Here’s a timeline of how long the eviction process typically takes in Michigan:
StepHow long it typically takesWhat to expect
Written notice7-30 days
Filing for evictionAs soon as possibleDepending on your landlord’s priorities, they can choose to file for eviction as soon as the notice period is up.
Court summonsShould be served to the tenant at least 3 days before the trial dateThis is a notice that you’ve been summoned to appear before the court.
Eviction hearingWithin 10 days after the complaint was filedYour landlord must provide evidence backing up their claim for eviction. Here, you can bring up any evidence that may help your case as well.
Writ of RestitutionImmediately or 10 days after the judgmentIf you have not appealed the judgment, you must move out of the property within 10 days of the judgment.
This process can vary depending on your landlord’s priorities. Sometimes, the issue may be resolved before your landlord resorts to filing with the court. 

How to resist eviction in Michigan

While an eviction is tough to deal with, Michigan’s Fair Housing Act offers you some protections to avoid one: 
  • Repair the issue: Many evictions are hinged on things like property damage, and simply hiring someone to fix the damage caused will often make the eviction go away. 
  • Failure to follow the eviction process: There are reasons why there is an eviction process landlords must follow. If your landlord has not given you written notice or has attempted to lock you out of your unit before receiving a judgment, you can get the suit tossed out. 
  • Maintenance issues: Since landlords are legally obligated to keep a rental unit up to code, if you raise maintenance concerns and they refuse to address them, you can avoid eviction. 
  • Discriminatory purposes: If you think your landlord is discriminating against you on the basis of race, gender, sexual orientation, national origin, and more by filing for eviction, a court might rule in your favor. 
If you can provide proof to back up any of the claims listed above, the court may award you with monetary damages in addition to tossing out the eviction suit. 

How to save money on Michigan car and renters insurance

Whether it's a disgruntled landlord or the inability to make rent, many people are threatened with eviction every day. To make sure you’re able to respond to an eviction notice, saving on your everyday expenses can make a huge difference. 
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