The Eviction Process

Evictions are an unfortunate but sometimes necessary part of owning and managing rental property. When a tenant fails to meet the obligations of a lease or creates unsafe conditions, landlords in Michigan have a legal pathway to reclaim their property. This guide explains each step of that process and highlights why partnering with a professional management team like Zamzam Property Management can safeguard your investment.

Understanding Legal Grounds for Eviction

Under Michigan law, landlords may begin eviction proceedings for several reasons, but each requires a specific notice and waiting period. Common grounds include:

Non‑payment of rent – If rent is late, the landlord must issue a Demand for Possession/Non‑Payment of Rent (often called a 7‑day notice). The tenant has seven days to pay the overdue rent before an eviction case can proceed.

Lease violations – For breaches such as property damage, unauthorized occupants, or pets where prohibited, landlords must provide a Notice to Quit/Termination of Tenancy giving the tenant 30 days to remedy the violation or vacate.

Illegal activities – Tenants who engage in crimes such as theft or drug‑related offenses may receive a 7‑day or even 24‑hour notice, and landlords should file a police report when drugs are involved.

Health or safety violations – If a tenant creates a hazardous condition (e.g., failing to dispose of trash or damaging wiring), a 7‑day notice may be served.

Lease expiration or non‑renewal – When a lease ends and the tenant remains without renewal, landlords can issue a 30‑day notice to quit.

These notices must clearly state the reason for eviction, specify the time the tenant has to comply, and include “and all other occupants” to ensure all residents are covered. Serving the correct notice is crucial—without it, the court may dismiss the case.

Serve Proper Notice

The first step in the eviction process is delivering a written notice to the tenant. This notice must:

1. Specify the reason for eviction and cite relevant lease clauses or statutes.

2. Give the tenant a deadline to pay overdue rent, correct the violation, or move out.

3. Include key details such as the tenant’s full name, the property address, the date, and the landlord’s contact information.

4. Be served properly—either by hand delivery, leaving it with a responsible adult at the residence, sending it via first‑class mail, or by electronic means if the tenant has agreed to such communication.

Landlords should keep copies of the notice and proof of service. Attempting to evict a tenant without proper notice, or resorting to “self‑help” actions like changing locks or shutting off utilities, is illegal and can result in fines and liability.

File a Complaint in Court

If the tenant does not comply with the notice, the landlord or property manager must file a Summons and Complaint at the district court where the property is located. The filing package usually includes:

1. The written notice that was served on the tenant.

2. The summons form issued by the court.

3. A complaint that states the reason for eviction and the relief sought.

4. A copy of the lease agreement and any relevant documentation (e.g., rent ledger, photos, correspondence).

5. Payment of the appropriate filing fees.

Once filed, the court schedules a hearing and arranges for a process server or sheriff’s deputy to formally deliver the summons and complaint to the tenant.

Tenant Response and Court Hearing

Tenants have the right to respond to the complaint or appear in court to contest the eviction. They may claim improper notice, dispute the landlord’s evidence, or raise other defenses. Both parties should prepare by bringing relevant documents, witnesses, and any communications to support their positions.

If the tenant fails to appear, the court may issue a default judgment in favor of the landlord. If both parties attend, the judge will hear the case and make a ruling. In some situations, the parties may reach a settlement and enter into a consent judgment outlining agreed‑upon terms.

Judgment, Writ, and Eviction

When the court rules for the landlord, it issues a judgment for possession of the property and may include a money judgment for unpaid rent or damages. Typically, tenants are given a short period (often ten days) to move out voluntarily or satisfy any payment requirements.

If the tenant does not comply, the landlord must request a Writ of Restitution (also known as a Writ of Eviction). This court order authorizes a sheriff or court officer to physically remove the tenant. Only law enforcement can carry out the eviction; landlords cannot remove tenants themselves.

On the eviction date, the officer supervises the removal of the tenant and their belongings. The landlord should change the locks immediately, complete a move‑out inspection, and document the unit’s condition.

Record‑Keeping and Compliance

Comprehensive documentation is essential throughout the eviction process. Landlords should maintain:

1. Signed lease agreements and all addenda.

2. Rental applications and screening records.

3. Security deposit receipts and notices.

4. Move‑in and move‑out checklists.

5. Proof of service for all notices.

6. Correspondence with tenants, including texts and emails.

Accurate records help support your case in court and demonstrate compliance with landlord‑tenant laws. They also protect you from claims of discrimination or improper procedure. Landlords with five or more units should be aware of recent laws prohibiting discrimination based on a tenant’s source of income; policies must be applied consistently regardless of how tenants pay rent (e.g., Housing Choice Vouchers).

Why Partner With Zamzam Property Management

Navigating Michigan’s eviction process requires knowledge, patience, and careful attention to legal details. Improper handling can lead to expensive delays or lawsuits. Zamzam Property Management:

Delivers legally compliant notices and keeps detailed records.

Files court paperwork correctly and on time.

Coordinates with attorneys and serves as your representative at hearings.

Handles communication with tenants and law enforcement.

Minimizes downtime by preparing the unit for rent as soon as possible.

By treating eviction as a last resort and managing it professionally, we protect your portfolio and your peace of mind. Contact Zamzam Property Management today to learn how we can support your rental business across Michigan.