Michigan Statewide Rule
Michigan Eviction Notice & Summary Proceedings (MCL 600.5714)
Key Facts
- Nonpayment of rent
- 7-day written demand (MCL 600.5714(a))
- Health hazard / serious damage
- 7-day demand (MCL 600.5714(d))
- Drug activity
- 24-hour notice (MCL 600.5714(b))
- 30-day for-cause notice
- None, not in the statute
- After notice
- Summary proceedings; ~10-day summons and post-judgment period
Summary
Before evicting, a Michigan landlord must serve the correct written demand: 7 days for nonpayment of rent, 7 days for serious health hazards, extensive damage, or physical violence, and 24 hours for unlawful drug activity. After notice expires the landlord files a summary proceedings action; there is no statutory 30-day for-cause eviction notice.
Sec. 5714. (1) A person entitled to possession of premises may recover possession by summary proceedings in the following circumstances: (a) When a person holds over premises after failing or refusing to pay rent due under the lease or agreement by which the person holds the premises within 7 days from the service of a written demand for possession for nonpayment of the rent due. For the purpose of this subdivision, rent due does not include any accelerated indebtedness because of a breach of the lease under which the premises are held.
Full Breakdown
MCL 600.5714 governs when a landlord may recover possession. For nonpayment, the tenant must hold over "within 7 days from the service of a written demand for possession for nonpayment of the rent due" (subsection (a)). A 7-day demand also applies where the occupant "willfully or negligently causes a serious and continuing health hazard" or extensive damage and fails to repair (subsection (d)), and where a household member causes or threatens physical injury (subsection (e)). Unlawful drug activity allows a 24-hour notice with a police report (subsection (b)). After notice expires, the landlord files a summary proceedings complaint in district court; the tenant is summoned within roughly 10 days, and a possession judgment is typically followed by a 10-day period before an eviction order issues.
Violations & Penalties
No statutory fine on the landlord, but self-help eviction is prohibited; an eviction filed without the proper demand is subject to dismissal, and a tenant unlawfully ousted may recover under MCL 600.2918.
Frequently Asked Questions
How many days' notice does a Michigan eviction require?
Can a Michigan landlord evict me without going to court?
Sources
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