How to Evict a Tenant in Detroit

Managing rental properties in Metro Detroit comes with its share of challenges, and one of the most difficult situations any landlord faces is having to evict a tenant. Whether due to non-payment of rent, lease violations, or property damage, understanding the legal eviction process is crucial for protecting your investment while staying compliant with Michigan law.

At Rondo Investment, we’ve managed thousands of properties in Metro Detroit for the last 45 years and have extensive experience in all aspects of property management. This comprehensive guide will walk you through each step of the eviction process, from initial notice to final removal, ensuring you handle the situation legally and efficiently.

Understanding Michigan's Summary Proceedings

Detroit operates under Michigan’s “Summary Proceedings” law, which expedites the eviction process compared to most other states. This landlord-friendly approach allows property owners to schedule court dates shortly after filing documents, making Detroit an attractive market for real estate investors. However, the expedited timeline doesn’t eliminate the need to follow proper legal procedures.

It’s important to understand that eviction is the legal process of making a tenant move out of a rental home, and in Michigan, it moves faster than other types of lawsuits. Only a court order and subsequent action by law enforcement can legally remove a tenant from your property.

What You Cannot Do: Illegal Eviction Actions

Before diving into the proper process, let’s clarify what landlords can and cannot do. Michigan law strictly prohibits “self-help” evictions, and violations can result in serious legal consequences. This means that you can’t legally evict a tenant without going to court and obtaining an eviction order first.

Prohibited actions include:

  • Changing locks or altering security devices
  • Shutting off utilities (water, electricity, gas)
  • Removing or destroying tenant belongings
  • Physically removing the tenant or using force/threats
  • Boarding up the premises or blocking entry
  • Creating nuisances through loud noises or bad odors
  • Entering the property without permission (except in emergencies)

If you engage in any of these illegal eviction tactics, your tenant can sue you and potentially recover up to three times their actual damages or $200 per day, whichever amount is greater. The court can also allow the tenant to remain in the property. Always follow the legal process, no matter how frustrated you may be with the situation.

Valid Reasons for Eviction

Michigan law specifies legitimate grounds for eviction. Understanding these reasons helps ensure your case holds up in court:

Non-Payment of Rent

The most common reason for eviction. If your tenant hasn’t paid rent, you have clear grounds to proceed.

Lease Violations

When a tenant violates a specific lease term that the lease states will lead to eviction (such as unauthorized pets, subletting without permission, or excessive noise).

Property Damage

When the tenant has caused substantial damage to the property beyond normal wear and tear.

Health Hazards

When the tenant creates serious health or safety hazards on the property.

Illegal Drug Activity

When illegal drug activity occurs on the property.

Lease Expiration

When a tenant remains in the property after their lease has ended without signing a new agreement.

Each of these reasons has specific notice requirements and timelines, which we’ll detail in the next section.

Step 1: Provide Proper Notice

The first legal step in any eviction is providing the tenant with written notice. This document goes by several names, such as “Notice to Quit,” “Demand for Possession,” or “Eviction Notice”, but the purpose is the same: formally notifying the tenant of the problem and the timeframe to resolve it or vacate.

Your notice must be in writing, addressed to the tenant, describe the rental property (usually by address), give the reason for eviction, state how much time the tenant has to fix the problem if applicable, and include the landlord’s address and the date of the notice.

Notice Periods by Violation Type

According to Michigan law, the notice period depends on the reason for eviction:

  • 7 days: Non-payment of rent, property damage, or creating a health hazard
  • 24 hours: Illegal drug activity on the property
  • 30 days (or time between rental payments): Month-to-month leases or no written lease when terminating tenancy
  • Varies: Lease violations with written year leases (check your lease terms)

How to Serve the Notice

You can deliver the notice in several ways:

  • Personal delivery to the tenant
  • Leaving it with a responsible adult household member with instructions to give it to the tenant
  • Mailing it to the tenant
  • Sending it electronically via email (only if the tenant previously agreed to electronic service in writing)

Once served, the notice period begins. The tenant has the specified time to either correct the problem (if correctable), pay rent owed, or vacate the property. These notices are from the landlord and NOT the court, so this is still an opportunity to resolve the matter without court involvement.

Step 2: File a Complaint with the Court

If the notice period expires without resolution, you can proceed to file an eviction complaint with the appropriate district court. In Detroit, this typically means the 36th District Court.

Required Documentation:

  • Completed Summons and Complaint forms
  • Copy of the lease agreement
  • Copy of the Notice to Quit or Demand for Possession
  • Proof of service of the notice
  • Records of rent payments (or non-payments)

Court Filing Fees:

Detroit’s eviction process is notably affordable compared to other markets:

  • Filing fee: $45.00
  • Order of Eviction: $15.00
  • Jury fee (if applicable): $50.00
  • Appeal with or without bond: $25.00
  • Form fee: $1.25

These costs remain reasonable for landlords, though hiring an attorney will increase expenses substantially. Many landlords handling straightforward non-payment cases represent themselves successfully, but complicated situations benefit from legal representation.

Step 3: Court Summons and Hearing

Once your complaint is filed, the court issues a summons for both you and the tenant to appear. Cases are usually scheduled for 10 days from the date the complaint is filed, though this timeline can vary based on court volume.

Tenant Notification

The tenant must receive proper notice of the court date:

Preparing for the Hearing

Gather all relevant documentation:

  • Lease agreement and any amendments
  • Payment records showing non-payment or late payments
  • Copies of all notices served
  • Photos of property damage (if applicable)
  • Communication records (texts, emails, letters)
  • Witness statements if available

Currently, Detroit courts conduct virtual hearings at precise scheduled times. Missing your hearing time can result in case dismissal, so punctuality is critical.

Step 4: The First Hearing (Pre-Trial)

The first hearing functions as a pre-trial where no final decision will be made unless the parties reach a settlement. The judge will hear both sides and typically attempt to facilitate an agreement between landlord and tenant.

Possible Outcomes

Consent Judgment: Both parties reach an agreement signed by both. This might include a payment plan, correction of lease violations, or an agreed-upon move-out date. If you’re not represented by an attorney, you have 3 days to set aside consent if you didn’t understand what you were agreeing to.

Trial Scheduled: If no agreement is reached, the judge will schedule a trial for approximately one week later.

Default Judgment: If the tenant fails to appear, you may receive a default judgment in your favor. The tenant then has 10 days to move out, pay the judgment amount (in non-payment cases), appeal, or file a request to set aside the judgment.

Common Tenant Defenses

Understanding potential defenses helps you prepare:

  • Payment: Tenant claims they already paid amounts you’re claiming
  • Repairs: Tenant argues you failed to maintain the property, justifying withheld rent
  • Repair and Deduct: Tenant made repairs that were your responsibility and deducted costs from rent
  • Constructive Eviction: You turned off utilities or failed to pay utility bills, making the property uninhabitable
  • Retaliation: You’re evicting in response to the tenant reporting code violations or exercising legal rights
  • Discrimination: Eviction is based on protected characteristics (race, religion, disability, etc.)

Having clear documentation countering these defenses strengthens your position.

Step 5: The Trial

If a settlement isn’t reached at the first hearing, your case proceeds to trial. Both parties present evidence, witnesses testify, and the judge makes a final determination.

The judge will evaluate:

  • Whether you properly served all required notices
  • Whether your stated reason for eviction is valid and proven
  • Whether the tenant has legitimate defenses
  • What damages are owed (if any)

Possible Judgments

If the judge rules in your favor, the judgment will specify:

  • The amount owed (rent, late fees, court costs, damages)
  • The timeframe for the tenant to vacate (typically 10 days)
  • Any conditions the tenant must meet

If the judge rules for the tenant, you cannot proceed with eviction and may need to reconsider your approach or documentation.

Step 6: Order of Eviction (Writ of Restitution)

If the tenant doesn’t vacate within the court-ordered timeframe, you can file for an Order of Eviction, also called a Writ of Restitution. This document authorizes law enforcement to physically remove the tenant.

Filing Requirements:

  • Cannot be filed until the deadline for tenant action has passed
  • Must state whether any payments were received since judgment
  • If filed more than 56 days after judgment, a hearing may be required
  • Costs $15.00 to file

The Eviction Process

Once the Order of Eviction is signed by the judge:

  1. The order is sent to the bailiff or sheriff’s office
  2. The landlord must arrange for a dumpster to be delivered to the property for the tenant’s belongings
  3. Once the dumpster is on-site, the eviction typically occurs shortly thereafter
  4. Law enforcement supervises the physical removal of the tenant and their possessions
  5. You receive possession of your property

Only law enforcement can physically remove the tenant and their belongings—you still cannot take matters into your own hands even at this stage.

Timeline Overview

From start to finish, the Detroit eviction process typically takes:

  • 7-30 days: Notice period (depending on violation type)
  • 10 days: From filing complaint to first hearing
  • 1 week: From first hearing to trial (if necessary)
  • 10 days: Time given to tenant to vacate after judgment
  • Variable: Time for Order of Eviction processing and execution

In total, a straightforward non-payment eviction can be completed in as little as 4-6 weeks, though complications can extend this timeline. This is significantly faster than many other states where the process can take several months.

Total Costs

Budget for these expenses:

Minimum Costs (no attorney):

  • Filing fee: $45.00
  • Order of Eviction: $15.00
  • Dumpster rental: $300-500
  • Total: Approximately $360-560

With Attorney:

  • Add $1,500-3,000+ depending on case complexity
  • Total: Approximately $1,900-3,500+

Don’t forget to factor in lost rent during the eviction period, potential property damage repairs, and costs to prepare the unit for a new tenant.

Special Circumstances

Subsidized Housing (Section 8)

Evicting tenants in subsidized housing requires showing lease violations and follows additional federal regulations. The tenant must only have people listed on the lease residing in the home, accurately report all income changes, and complete annual recertification. Failure to follow these requirements can provide eviction grounds, but the process includes extra protections for tenants.

Foreclosed Properties

Tenants not related to the landlord should receive 90-day notice after redemption expires, or if they have a written lease, they can remain until the lease ends. Properties with HUD-insured mortgages may provide additional tenant protections.

Best Practices for Detroit Landlords

  • Document Everything: Keep meticulous records of all rent payments, communications, notices, property conditions, and repair requests. Documentation is your strongest protection in court.
  • Screen Tenants Thoroughly: Prevention is better than eviction. Comprehensive tenant screening, including credit checks, rental history, employment verification, and background checks, dramatically reduces eviction risk.
  • Maintain Your Property: Many tenant defenses center on the landlord’s failure to maintain the property. Stay current on repairs and respond promptly to maintenance requests.
  • Communicate Clearly: Many evictions can be avoided through clear communication. When issues arise, address them immediately and in writing.
  • Follow the Law Precisely: Cutting corners or taking shortcuts can invalidate your entire case. Follow every legal requirement to the letter.
  • Consider Professional Management: With over 45 years of experience managing more than 1,000 properties in Metro Detroit, Rondo Investment handles the entire eviction process for property owners. Professional management removes the emotional stress and ensures legal compliance throughout the process.

While eviction is never pleasant, Detroit’s Summary Proceedings provide a relatively efficient legal framework for landlords who need to remove problematic tenants. The process is faster and more affordable than in many other markets, making Detroit an attractive location for rental property investment.

Success in eviction cases comes down to three key factors: following the legal process, maintaining thorough documentation, and remaining professional throughout the proceedings. 

Whether you own a single rental property or a large portfolio across Metro Detroit, understanding the eviction process protects your investment and ensures you can address problem situations quickly and legally. 

For more information about property management services in Metro Detroit or assistance with tenant-related issues, contact Rondo Investment at rondoinvestment.com.