Do you understand the process of evicting a nonpaying tenant?

Evicting a tenant who fails to pay rent can be frustrating, especially when you rely on rental income to maintain the property or cover expenses. Michigan law provides a legal framework for removing a nonpaying tenant, but it must be followed carefully to avoid delays or setbacks. 

Whether you are managing a single-family home or multiple rental units, it is important to understand how the eviction process works before taking any action. Michigan requires landlords to complete several steps in order, starting with notice and possibly ending with a court-ordered eviction. Knowing what to expect at each stage can help protect your rights as a property owner.

Eviction proceedings in Michigan

The eviction process begins before anything is filed in court and includes both informal and formal steps. Each stage plays a role in lawfully regaining possession of your rental unit.

• Consider sending a warning letter: A warning letter is not required but can be helpful in encouraging a tenant to pay rent without involving the courts. This step often preserves a better relationship and may lead to a resolution.
• Serve the proper notice: To start the legal process, landlords must serve an official notice to the tenant. This could be a seven-day notice to quit for nonpayment or another form depending on the lease violation.
• File a complaint with the district court: If the tenant does not comply with the notice, you can file a complaint in district court. This step requires documentation such as a copy of the lease, the notice served and proof of service.
• Attend the eviction hearing: A judge will review the case at a scheduled court hearing. If the tenant does not appear or if the court rules in your favor, you will receive a judgment that allows the eviction to proceed.
• Carry out the eviction with court approval: After the judgment, the court may issue an order of eviction. A court officer or sheriff will schedule the physical removal of the tenant and their belongings. The landlord must be present during this step.

Obtaining legal guidance can be helpful if you are unsure how to proceed or want to avoid mistakes during the eviction process.