Understanding the eviction process in Michigan with no lease is important for landlords and tenants. The eviction laws in Michigan outline clear steps landlords must follow to legally remove a tenant, even when no written lease is in place.
This guide outlines the key steps in the eviction process for tenants without a lease and the grounds for immediate eviction in Michigan.
Eviction Process in Michigan With No Lease
Dealing with an eviction can be a complicated and stressful process, especially when there is no formal lease agreement in place.
In Michigan, landlords have the right to remove a tenant, even if there is no written lease. However, the process must follow state law to avoid illegal eviction claims.
In Michigan, the eviction process starts with a written Notice to Vacate, followed by court action if necessary.
- Landlord gives the tenant a written notice to move out
- If necessary the landlord files a lawsuit with the court
- Court holds a hearing and issues a judgment
- Writ of restitution is issued
- Tenant is removed and the property is returned to the landlord.
Related: Resources to help former offenders find apartments for felons in Michigan
Tenants Without A Lease: Tenant At Will Or Holdover Tenant
If a tenant is living in a rental unit without a lease or their lease has expired, they fall into one of two categories:
Tenant at Will: This means the tenant is staying in the rental on a month-to-month or week-to-week basis, usually paying rent regularly but without a fixed lease term. A friend staying in a property rent-free is also considered a tenant at will.
Holdover Tenant: This is a tenant who remains in the rental after their lease has expired, and the landlord has not agreed to renew it.
Even without a formal written lease, landlords must follow Michigan eviction laws. They can’t just change the locks or remove the tenant’s belongings—they must give proper notice and, if necessary, take the case to court.
Landlords must:
- Serve a written Notice to Vacate (also known as a Demand for Possession)
- Provide the correct notice period
- Obtain permission from the court if a forcible eviction is necessary
Landlords must not use “self-help” eviction tactics. Self-help evictions are illegal in Michigan.
This means landlords can’t:
- Change the locks or remove the doors
- Remove the tenant’s belongings
- Intimidate or harrass the tenant
- Shut off utilities
- Use force to remove the tenant
Landlords must not carry out retaliatory evictions to remove tenants who exercise a legally protected right. These rights include:
- Complaining to the landlord about a problem with the property
- Contacting a government agency about a problem with the property
- Joining a tenant union
- Taking legal action against the landlord
- Withholding rent for uninhabitable rental units
Reasons A Landlord Can Evict A Tenant Without A Lease in Michigan
Michigan eviction laws allow landlords to evict tenants without a lease for specific reasons.
Landlord Wants The Property Back
If the landlord simply wants the tenant without a lease to move out and there is no overdue rent or other violation by the tenant, eviction laws in Michigan require landlords to issue a 30-Day Notice to Vacate.
Not Paying Rent
In Michigan when a tenant stops paying rent, the landlord can issue a 7-Day Notice to Pay or Vacate. If they don’t pay within seven days, the landlord can start the eviction process in court.
Rent is due at the beginning of each payment period and is considered late the day after it’s normally due. No rent payment grace period is required by Michigan law.
Illegal Drug Activity
If a tenant is involved in selling, making, or possessing illegal drugs on the property, the landlord has grounds for evicting a tenant in Michigan and can issue a 24-Hour Notice to Vacate.
This eviction notice gives the tenant 24 hours to leave without the chance to fix the issue. However, a police report must be filed to support this claim.
Damaging The Property Or Causing Health Hazards
If a tenant causes significant damage to the rental property beyond normal wear and tear or creates dangerous health conditions, such as hoarding or fire safety hazards, the landlord can issue a 7-Day Notice to Comply or Vacate.
This notice gives the tenant seven days to fix the issue or move out.
Threats Or Violence
If a tenant or someone in their household threatens or harms someone on the property, the landlord can give them a 7-day Notice to Vacate.
This eviction notice gives the tenant seven days to move out without the chance to fix the issue. A police report must be filed to support this claim.
Trespassing Or Breaking In
If someone enters or stays in the rental without permission (such as a squatter), the landlord has grounds for immediate eviction in Michigan and can take legal action to have them removed immediately.
Step-By-Step Eviction Process Michigan
Eviction laws in Michigan require the following action before a tenant can be removed.
Step 1: Landlord Serves Notice To Tenant
Begin the eviction process in Michigan by serving the tenant with proper written notice.
- 7 Day Eviction Notice Michigan: Used for nonpayment of rent.
- 30-Day Notice to Vacate: Used for ending a month-to-month tenancy without cause.
- 24-Hour Notice to Vacate: Allowed in cases involving illegal drug activity.
Michigan landlords may issue the required notice by:
- Hand delivery to the tenant or their family member
- Delivery by first-class mail
Step 2: Filing An Eviction Lawsuit (Summons & Complaint)
If the tenant doesn’t comply with the notice, the landlord’s next step is filing an eviction lawsuit in the local district court. The court will issue a summons to the tenant, notifying them of the eviction case.
Step 3: Attending the Court Hearing
The eviction hearing normally takes place within 10 days of the date the summons was issued by the court.
The landlord and tenant should both attend the eviction hearing. If the tenant fails to appear, the judge may issue a default judgment in favor of the landlord.
If the judge rules in favor of the landlord, a Writ of Restitution will be issued, allowing the eviction process to continue.
The Writ of Restitution is usually issued 10 days after the court ruling. This delay gives the tenant time to appeal the decision. The writ may be issued immediately for evictions due to illegal drug activity or health violations.
Once issued, the Writ of Restitution gives the tenant a final deadline to move out of the rental property. If they don’t leave, the landlord can ask law enforcement to remove them.
Step 4: Landlord Regains Possession Of Property
If the tenant doesn’t follow the court ruling and move out, the landlord can request help from local law enforcement by giving officials the writ within 7 days of the date it was issued by the court.
Officers will then schedule a lockout to remove the tenant from the property.
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Alex Graham is a co-founder and manages high-quality content that helps once evicted/ex-felons find a place to call. home. Alex believes even if he can help one person return to a good, wholesome life it is well worth the effort.