Michigan Eviction Process
The following summarizes the eviction process:
The process starts with serving the tenant with a notice. It is important that you use the correct notice, fill the notice out correctly and serve the notice correctly. Failure to do this could result in starting over. The types of notices include:
- Demand For Possession Nonpayment of Rent
- Demand For Possession Damage/Health Hazard To Property
- Notice To Quit To Recover Possession Of Property
- Demand For Possession Termination Of Tenancy/Mobile Home Park
- Demand For Possession Termination Of Tenancy Due To Unlawful Drug Activity On Premises
Summons and Complaint
If the tenant has not done what the notice requires or moved out by the end of the notice period, a Summons and Complaint is filed to begin the eviction process. After the Summons and Complaint are filed with the court, they must be served on the tenant(s) by a court process server. The Summons and Complaint give the tenant the court address, the date, and time for the court hearing.
The landlord and the attorney attend the court hearing. Whether or not the tenant shows up at court, the case will go before the judge who is asked to decide whether to award a Judgment in favor of the landlord. If a Judgment is awarded the tenant has 10 days to pay the balance due or appeal. If no appeal is filed with the court the landlord can then ask the attorney to file the Application And Order Of Eviction. In some circumstances the judge may give the tenant more time, which means he may adjourn the case to a future court date, usually one week. If this happens you go back to court on the new court date and usually the Judgment will then be awarded.
Application and Order Of Eviction (Writ)
If no appeal is filed the landlord can have the attorney file an Application And Order Of Eviction. This can be filed up to 56 days from the date the Judgment is entered. Once the judge signs the Order of Eviction it is given to the Sheriff to post. After the Order of Eviction is posted at the tenants address the Sheriff will contact the landlord regarding an eviction date. If the tenant does not pay or move the Sheriff will remove the tenants possessions from the property to the curb side. The Sheriff usually does the eviction within 24 hours after posting the Order of Eviction, unless the landlord agrees to give the tenant more time to move out.
The Demand for Possession Nonpayment of Rent or 7 day notice eviction process takes approximately 30 days depending on several factors including how busy the Court is and how quickly the Order of Eviction gets signed by the judge.
Leave The Details To Us
The entire process is fairly technical, our goal is to make the process easier for you. That is why we created this website process. This makes it easy for you to submit your eviction case to us. The submit process only takes a few minutes and we deal with the rest of it for you.
Sign up and start an eviction case with us today. You will be able to access all the features and functions related to your case processing and it keeps it all confidential.