In Michigan, a landlord usually must start a summary proceeding to recover possession when a tenant holds over after rent is due or after a valid termination of the lease. For nonpayment, the statute describes a written demand for possession and a short waiting period before the landlord may file for eviction. Courts in Michigan also recognize certain defenses and limits on landlords’ self-help eviction tactics, and a tenant may be able to raise those defenses in court. If a landlord fails to properly pursue the eviction, the tenant may be awarded costs. Decisions in Michigan cases have discussed when repair or habitability issues can be asserted as part of a tenant’s response and have reinforced protections against unlawful lockouts or other interference with possession.
Current Michigan law
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The deadline that matters
For nonpayment, a written demand for possession is effective if the tenant fails or refuses to pay rent within 7 days after service of that demand.
What Michigan law says
For nonpayment evictions, the law generally allows a landlord to recover possession when a tenant continues in possession after failing or refusing to pay rent within 7 days from service of a written demand for possession for nonpayment of rent due under the lease, under Mich. Comp. Laws § 600.5714. If a landlord fails to prosecute or is found not entitled to possession, judgment may be rendered for the tenant for costs, under Mich. Comp. Laws § 600.5747. Michigan law also provides remedies if a tenant is forcibly or unlawfully dispossessed or the owner unlawfully interferes with possession; a displaced person may recover damages, under Mich. Comp. Laws § 600.2918. Michigan appellate and Supreme Court decisions discuss that tenants may raise defenses in summary proceedings and that landlords may not use self-help to evict, supporting the protections referenced above (see, for example, Rome v. Walker, 38 Mich. App. 458 and Grant v. Detroit Ass'n of Women's Clubs, 443 Mich. 596).
What to do
A common first step is to read the landlord’s notice carefully and note when the notice was served and any stated reason.
A common next step is to consider raising defenses in the summary proceeding, such as improper notice, landlord’s failure to follow the lease, or unlawful interference with possession.
A common option is to appear in court on the eviction date and present evidence; if the landlord fails to prosecute, the tenant may be entitled to costs under Mich. Comp. Laws § 600.5747.
Some people document any landlord actions that interfere with possession, since Mich. Comp. Laws § 600.2918 describes remedies for unlawful interference or forcible dispossession.
A common option when safety or criminal activity is alleged is to review whether the landlord followed the specific statutory requirements for termination in those circumstances under Mich. Comp. Laws § 600.5714.
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Common questions
Can a landlord evict quickly for nonpayment of rent?
For nonpayment, the statute generally requires a written demand for possession and allows the landlord to recover possession if rent is not paid within 7 days after that demand, under Mich. Comp. Laws § 600.5714.
What if the landlord changes locks or cuts utilities?
Michigan law recognizes unlawful interference with a tenant’s possessory interest and provides that a tenant may recover damages if the owner unlawfully interferes, under Mich. Comp. Laws § 600.2918.
If the landlord sues and then drops the case, can the tenant recover costs?
Yes, if the plaintiff fails to prosecute or is found not entitled to possession, judgment may be rendered for the defendant for costs under Mich. Comp. Laws § 600.5747.
Are there cases showing tenants can raise defenses?
Michigan appellate decisions have explained that tenants may raise defenses in summary possession proceedings and that courts must decide the merits, see Rome v. Walker, 38 Mich. App. 458.
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This page provides legal information about Michigan law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
