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Michigan Eviction Process: Summary Proceedings, Step by Step

In Michigan, a landlord who wants a tenant out for unpaid rent goes through a court case called a summary proceeding: a written demand for possession, a 7-day wait after service, a complaint and summons, a trial, a judgment, and then a 10-day wait before the court issues a writ of restitution that an officer carries out (MCL 600.5714(1)(a), MCL 600.5735, MCL 600.5744). The tenant can stop the writ by paying what the judgment states plus costs. Acting alone instead risks damages under MCL 600.2918.

Day counting. The statute text does not say how to count weekends or holidays; the court rules do, and they are outside these files; ask the court clerk or an attorney, and when in doubt finish early. For a wait the statute imposes on you, such as the 10 days before a writ, the safe side is to wait longer. Dates below are plain calendar counts for illustration, not legal advice.

The steps, in statutory order

  1. Demand for possession. For nonpayment the tenant must fail to pay within 7 days from service of a written demand, and "rent due does not include any accelerated indebtedness" (MCL 600.5714(1)(a)). The demand must be in writing, describe the premises, state the reasons, the time to take remedial action and the amount due, and be dated and signed by the landlord, an attorney or an agent (MCL 600.5716). Service may be personal delivery, delivery on the premises to a household member or employee of suitable age and discretion, first-class mail, or electronic service only with the tenant's written consent (MCL 600.5718(1)). Mail service is dated "the next regular day for delivery of mail after the day when it was mailed". Other grounds in MCL 600.5714(1)(b) to (h) have their own triggers; this article covers nonpayment.
  2. File in a proper court. District courts, municipal courts and the common pleas court of Detroit have jurisdiction (MCL 600.5704). Venue is proper in the county (first-class districts) or district (second- and third-class districts) where the premises, or any part of them, are situated (MCL 600.5706). Procedure comes from court rules (MCL 600.5708), so forms and the complaint's required content are outside the files: ask the court clerk. The statute text prints a $45.00 filing fee for possession only, a supplemental fee when a money claim is joined, and $15.00 per writ (MCL 600.5756, MCL 600.5757); confirm current fees with the clerk.
  3. Summons. By default the summons commands trial within 10 days of its issuance date and must be served not less than 3 days before trial (MCL 600.5735(2)(b)). A court may instead adopt a local rule: appear within 5 days after service (MCL 600.5735(4)).
  4. Hearing. Unless a court rule provides otherwise, the case is heard within 7 days after the defendant's appearance or trial date and cannot be adjourned beyond that "other than by stipulation of the parties either in writing or on the record" (MCL 600.5735(6)).
  5. Jury. Any party may demand a jury "within the time and manner provided by court rule" (MCL 600.5738). The statute gives no deadline; ask the clerk.
  6. Judgment. If the plaintiff is entitled to possession for nonpayment, the judge or jury sets the amount due at the time of trial, after deducting rent excused by the landlord's breach of the lease or of the covenants in MCL 554.139 (MCL 600.5741). That figure, with taxed costs, is the amount that stops the writ.
  7. Writ of restitution. Normally "a writ of restitution must not be issued until the expiration of 10 days after the entry of the judgment for possession" (MCL 600.5744(5)). Subsection (3) allows an immediate writ, on conditions set by the court, for listed situations such as forcible entry or a serious continuing health hazard. The writ commands an officer to restore the plaintiff by "removing all occupants and all personal property from the premises" (MCL 600.5744(1)). The landlord does not do this.
  8. Cure by payment. For a nonpayment judgment, the writ must not issue if, "within the time provided", the judgment amount plus taxed costs is paid to the plaintiff (MCL 600.5744(7)). The statute text does not say what that time is; ask the clerk, and keep a receipt.
  9. Appeal. A party may appeal to the circuit court of the same county, with bond and procedure as court rules provide (MCL 600.5753). The sections in these files state no appeal deadline; ask the clerk. An appeal or new-trial motion filed before the 10 days run, with a bond to stay proceedings, tolls the writ wait (MCL 600.5744(6)).

Worked calendar (illustration)

Date (2026)Event
Tue Oct 6Demand served by personal delivery
Tue Oct 13Seventh day after service by plain count; confirm with the clerk before filing
Tue Oct 20Court issues summons
Tue Oct 27Latest service, 3 days before trial
Fri Oct 30Trial 10 days after issuance; judgment entered
Mon Nov 9Ten days after judgment; no writ before the wait expires

If trial is adjourned, Fri Nov 6 is the latest hearing date absent a stipulation or a court rule providing otherwise (MCL 600.5735(6)).

Common mistakes

When to see a Michigan attorney

Retaliation defenses, jury demands, counterclaims, public housing, mobile home parks and land contracts are beyond this summary.

Checked against the text published on legislature.mi.gov on 5 October 2026.

Sources

Related guides

Informational only, not legal advice. Statute text checked against the Michigan Compiled Laws (MCL 554.131 to 554.139, 554.601 to 554.616, 554.631 to 554.641 and 600.2918, 600.5701 to 600.5759) as published at legislature.mi.gov on October 5, 2026. Statutes change and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Michigan landlord-tenant attorney.

Want the complete picture? The Michigan Small Landlord Compliance Guide puts the security deposit, lease, notice and eviction rules of the Michigan Compiled Laws in one place, with each rule cited to the statute text.

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