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Common Questions about Eviction
Contents
These are common questions about getting evicted.
Reasons for Eviction
You could be evicted for doing something that violates your lease or the law, such as:
- Not paying your rent
- Creating a serious and continuing health hazard in or near your home
- Causing extensive damage to your home or property
- Using the home for illegal drug activity
- Moving into the property without the owner’s permission
- Staying in the property without the owner’s permission
You could also be evicted if any of the following happen:
- The lease ends
- You have a month-to-month lease or no lease
- The redemption period after a mortgage foreclosure of the home you own ends
Read Eviction: What Is It and How Does It Start? to learn more about why you could be evicted.
If your lease says no pets, you can be evicted for having one. Just because your landlord knew about the pet and didn’t evict you right away doesn’t mean you can’t be evicted later.
If you talk to your landlord about a pet, and your landlord agrees that you can have one, get this agreement in writing and signed by your landlord. If you made an agreement but didn’t get it in writing, you may still be able to avoid eviction, depending on your specific situation.
If you have an animal that assists or treats your disability, your landlord may be required to allow you to keep it.
You may want to talk with a lawyer about your case. Use the Guide to Legal Help to find lawyers and legal services in your area.
Maybe. If you and your roommate signed a lease together, then each of you is likely responsible for paying all the rent. If one roommate stops paying rent, your landlord can likely evict everyone for nonpayment of rent. Your landlord can sue either or both of you for any rent that is not paid.
If you and your roommate signed separate leases, you are probably not responsible for your roommate’s rent. Check your lease to be sure.
No. Your landlord can’t evict you just for exercising your legal rights as a tenant. This includes reporting your landlord to the housing inspector.
This is called a retaliatory eviction. If your landlord starts an eviction against you within 90 days of when you exercised these rights, the court will assume the eviction is retaliatory. This means your landlord will have to prove the eviction is not retaliatory. If you think the eviction was retaliatory, and it has been more than 90 days, you will need to prove it to the court to defend against the eviction. Learn more about it in the article Common Defenses and Counterclaims in Eviction Cases.
Questions about Eviction Documents
If you’ve gotten a Demand for Possession for Damage/Health Hazard to Property, your landlord thinks you’ve caused a serious and continuing health hazard or extensive and continuing damage to the property. If you don’t remove the health hazard, repair the damage, or move out within seven days, your landlord can start an eviction case against you. Read the article Eviction for Creating a Health Hazard or Damage to the Property for more information about this kind of eviction.
You can’t be forced to leave your home before there is a judgment issued by the court and the sheriff’s office executes the eviction order. But if you go to court, you do risk having to pay additional court costs and fees if you lose.
If you’ve gotten a Demand for Possession for Illegal Drug Activity in your home, your landlord wants you to move out because you or someone else is using or selling drugs in your home. If your lease says you can be evicted for illegal drug activity, a police report alleging you or someone under your control has unlawfully manufactured, delivered, or possessed illegal drugs on the premises must be filed. Your landlord may begin eviction proceedings after giving you a demand for possession with 24 hours notice to move out or vacate the premises. Read the article Eviction to Recover Possession of Property for more information about this kind of eviction.
You can’t be forced to leave your home before there is a judgment issued by the court and the sheriff’s office executes the eviction order. But if you go to court, you do risk having to pay additional court costs and fees if you lose.
If you’ve gotten a Demand for Possession for Nonpayment of Rent, your landlord wants you to pay the amount of rent you owe or move out. If you don’t do one of those things within seven days, your landlord can start an eviction case against you. Read the article Eviction for Nonpayment of Rent to learn about this type of eviction.
You can’t be forced to leave your home before a judgment is issued by the court and the sheriff or other law enforcement officer executes the eviction order. If you go to court, you risk having to pay additional court costs and fees if you lose. However, you will not be responsible for your landlord's legal fees.
If you pay your rent late three or more times in any 12-month period, your landlord has just cause to evict you. To evict you for this reason, your landlord must have sent you a demand for possession each of those three times that you were late paying your rent. If you’ve gotten a Demand for Possession for Nonpayment of Rent, your landlord wants you to pay the amount of rent stated or move out. Read the article I am Being Evicted for Non-Payment of Rent to learn more.
If you get a summons and complaint, it will probably have a date when you need to go to court. If so, you can go to court and verbally respond at the hearing or you can file a written answer with the court.
Some courts don’t include a court date in the summons. Instead, you are told you have five days to respond with a written answer or the court will automatically find you in default. If your case is within the jurisdiction of one of the 5-day District Courts you must file a written response with the court and mail a copy to your landlord within five days of getting the summons and complaint. If you do not do this, you will not get a court date and the court will issue a default judgment for possession, which could lead to an eviction.
You can use our Do-It-Yourself Answer to Eviction Complaint tool to write your Answer.
A Writ of Restitution is a court order to physically remove you from your home. It’s also called an Order of Eviction. Your landlord cannot remove you from your home without it. A sheriff or court officer are the only ones who can remove you and your things from your home.
The writ can’t be issued until after the court hears the eviction case and issues a judgment against you. It can’t be issued until 10 days after the judgment unless the landlord asked for an immediate writ in the eviction complaint and there’s a good reason for one.
Questions about the Eviction Process
Your landlord must have a court order to legally evict you. Your landlord cannot evict you without going to court and getting an eviction order first. If your landlord does anything without an eviction order that prevents you from having access to your home, is could be an illegal eviction. After a judge signs the order, only a sheriff or court bailiff can physically remove you or your property from the home.
Your landlord must give you notice of the eviction. The time your landlord must give you before starting an eviction case in court depends on the reason for eviction. Read the article Eviction: What Is It and How Does It Start? to learn more about the eviction process.
It varies depending on why you're being evicted. An eviction for causing a health hazard or damaging the property might be done in as little as two weeks. An eviction to recover possession of the property because you stayed after your lease expired might take a month or two.
Read the article Eviction: What Is It and How Does It Start? to learn more about how long an eviction can take.
When an eviction judgment is entered against a tenant, the tenant usually has 10 days to move out before the judge will order the tenant be evicted. But in an eviction for creating a health hazard or damage to the property, if the landlord asked for it in the complaint, the judge can issue an order of eviction immediately. This means you could be evicted immediately if there is a judgment against you.
To learn more about the eviction process read the article Eviction After Court is Over.
No. Both you and your landlord are responsible for your own legal fees whenever there is a dispute arising under a lease, including evictions. However, the losing party may have to pay some of the other party's court fees. Court fees include things like filing fees and service fees. This means if you lose your eviction case, you could have to pay your landlord's filings fees or service fees, but you won't have to pay your landlord's attorney fees.
Yes. You and your landlord can work out an agreement or resolution anytime before you go to court. If you can’t resolve it yourselves but don’t want to go to court, you might be able to use mediation and work with a neutral third party to reach an agreement.
If you and your landlord reach an agreement after the complaint has been filed, you can put the details in writing in a dismissal. Both you and your landlord need to sign it.
If you do reach an agreement, contact the court to see if you still need to go to the hearing to tell the court about your agreement. If you don’t do this, you could end up with a default judgment against you, which could lead to eviction.
Yes, but only after a judgment has been entered against you and a judge has issued an Order of Eviction. Read the article Eviction after Court Is Over to learn about the process of eviction.
If you have been forced to move without a judgment entered against you or getting notice of an Order of Eviction, you should talk to a lawyer. If you have a low income, you may qualify for free legal services. Whether you have a low income or not, you can use the Guide to Legal Help to find lawyers in your area. If you are not able to get free legal services but can’t afford high legal fees, consider hiring a lawyer for part of your case instead of the whole thing. This is called limited scope representation. To learn more, read Limited Scope Representation (LSR): A More Affordable Way to Hire a Lawyer. To find a limited scope lawyer, follow this link to the State Bar of Michigan lawyer directory. This link lists lawyers who offer limited scope representation. You can narrow the results to lawyers in your area by typing in your county, city, or zip code at the top of the page. You can also narrow the results by topic by entering the kind of lawyer you need (divorce, estate, etc.) at the top of the page.
Not always. A landlord needs a reason to make you move out in the middle of a lease. If the lease is over, a landlord does not have to give a reason to make you move out. The landlord can choose not to sign a new lease with you. If you have a periodic lease, such as a month-to-month lease, the landlord must give you notice that the lease is ending. The notice must be at least one full rental period before you are expected to move out.
It is illegal for your landlord to personally remove you from the home. Your landlord will have to start a court case to evict you, and this can only be done if you have violated the lease in some way. Read the article Eviction: What is it and How Does it Start to learn more about eviction.
If you are living in subsidized housing or a mobile home park, your landlord generally needs good cause to terminate your lease, even at the end of a lease term. Read the article Admissions and Occupancy in Subsidized Housing or Mobile Home Park Evicitons - Special Rules for to learn more.
No. You still own the mobile home. The landlord cannot use or rent your mobile home without your permission, but you can’t live in the mobile home park. In addition, the landlord can charge you for storing your mobile home.
Yes. If you get a demand for possession from the mobile home park owner or operator, you have the right to an in-person meeting with your landlord or their representative. This meeting does not slow down, stop, or shorten the eviction process. You must request the meeting within 10 days after you get a demand for possession from your landlord. You must request the meeting in writing. Send your request to your landlord by first class or certified mail.
Your landlord must schedule the meeting within 20 days of your request. You can bring a lawyer to the meeting.
If the case is not decided in your favor and a judgment is entered against you, the judgment will tell you what date you must move out if you’re being evicted. It’s usually 10 days after the judgment is issued. If you have not moved out by this date, your landlord can apply for an Order of Eviction (sometimes called a writ of restitution.) A judge must sign the order, and a sheriff, police, or court officer must serve the order to force you from the home. You will usually get 24 hours’ notice of an eviction order.
You have 90 days after the eviction to sell or move your mobile home. During that time you can try to sell your home or find a new park to move it to. You must pay the lot rent during this time. Your landlord can cancel your utilities 10 days after the eviction. You must have your home winterized by a licensed mobile home installer and repairer within 10 days. If you do not provide proof of winterization to your landlord after 10 days, your landlord can get a court order to remove your mobile home immediately.
Questions about Illegal Evictions
It is illegal for your landlord to evict you without first going to court and getting an eviction order. Your landlord can’t do anything that prevents you from having access to your home without an eviction order. If your landlord gets an eviction order, a sheriff, sheriff’s deputy, or court official must be present before you or your belongings can be physically removed from your home.
If your landlord does anything to remove you from your home or keep you out of your home without an eviction order, you can sue your landlord. If the judge rules in your favor, you may be able to stay in your home or regain possession of it, and recover your actual damages or $200, whichever is more. If your landlord uses force to remove you or keep you out, you may be entitled to three times your actual damages.
If your landlord does these or other things to make your home unlivable, your landlord has probably violated the law. You might also be able to sue if your landlord keeps you out of your home by force or threats. If the court rules in your favor, you could be able to stay in the home and recover up to three times the amount of your actual damages or $200 per day, whichever is more.
Read Illegal Evictions – What They Are and What You Can Do to learn more about these situations. You may want to contact a lawyer to help you. Use the Guide to Legal Help to find lawyers and legal services in your area.
Yes. Evictions can be carried out even in cold weather. If you need help finding housing, you can use the Community Services page.You can read about subsidized housing in the article Admissions and Occupancy in Subsidized Housing.
Yes. Having kids or dependents is not a factor in the eviction process. If you need help finding housing, you can review our Community Services page for help. If you would like to learn more about subsidized housing, you can read the article Admissions and Occupancy in Subsidized Housing.
While you can be evicted with kids, you can’t be evicted because you have kids. A landlord also can’t refuse to rent to you because you have kids. If you think you’ve been discriminated against because you have kids, contact a Fair Housing Center in your area for more information. The centers in Michigan are:
Your landlord cannot use self-help methods to evict you no matter where you live. But, the notice and reasons for eviction may be different if you own your mobile home but rent the lot it is on. Read the article Mobile Park Evictions – Special Rules to learn more about your rights and responsibilities.
Claims and defenses for illegal eviction can get very complicated. You may want to talk to a lawyer if you think you have a claim for illegal eviction. If you need a lawyer and have low income, you may qualify for free legal help. You can use the Guide to Legal Help to find lawyers and legal services in your area.
No. It is illegal for your landlord to use self-help methods to evict you. This includes changing or adding locks to your home without your permission.
Your landlord cannot evict you without going to court and getting an eviction order first. It is illegal for your landlord to do anything without an eviction order that stops you from having access to your home. A judge must sign the order, and only a sheriff, sheriff's deputy, or court bailiff can physically remove you or your property from the home.
You may try to re-possess your property before going to court. You must do it peacefully. This means you can’t use or threaten physical force against your landlord. For example, if your landlord changes the locks on your home, you may break the locks and re-enter if your landlord is not around. In some cases, you can call the local police to ask for help. They may tell the landlord to bring an eviction case in court.
You may want to call your local police department and ask them to tell your landlord to let you back in. If the police think you have been evicted illegally, they may tell your landlord to let you re-enter the home. They may also tell your landlord to bring an eviction case in court.
If you sue your landlord and the judge rules in your favor, you may get back the money you spent because of the illegal eviction. These are called damages. Damages include actual damage to your property or damages for emotional stress, embarrassment, and humiliation. Actual damages may include:
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Physical damage to your property
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Money you paid for somewhere else to live during and after the illegal eviction
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Money you paid for new clothes, medicine, or household items because you could not get your things out of the home
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Extra money you spent on transport because you live farther from work
In some cases, you may recover up to three times your actual damages or $200 per day, whichever is more. Read the article Illegal Evictions: What They Are and What Can You Do to learn more.
If you were illegally evicted and can’t peacefully re-enter your home, you can sue your landlord in district or circuit court.
You must file your case within 90 days of your landlord’s illegal actions or when you realized you could not re-enter your property.
It depends. If you want to move back into your home, you can file a case asking the judge to order the landlord to let you move back in. This case would be filed in the district or circuit court where your property is located. Even if you don’t want to move back into the home, you can file a case asking the court to order your landlord to give you access to the home. In either case, you can ask the judge for money damages.
Illegal eviction is complicated. There is not a simple form you can use to sue your landlord for illegal eviction. You may want to talk to a lawyer about it. If you win an illegal eviction case in court, your landlord may have to pay your lawyer’s fees. In addition, if you need a lawyer and have low income, you may qualify for free legal help. You can use the Guide to Legal Help to find lawyers and legal services in your area.
If you think your damages for illegal eviction are $6,000 or less, you can file a damages claim in small claims court. See the I Have a Small Claims Case toolkit to learn more about the court process. If you think your damages are more than $6,000, file your case in your county’s district court. If you think your damages are more than $25,000, file your case in your county’s circuit court.
Under Michigan law, any tenant may raise a claim for illegal eviction. If you live in subsidized housing, your landlord cannot use self-help methods to evict you. Most of the time, subsidized housing tenants have more protection against eviction than other tenants.
You may want to talk to a lawyer if you think you have a claim for illegal eviction. If you need a lawyer and have low income, you may qualify for free legal help. You can use the Guide to Legal Help to find lawyers and legal services in your area.
Read the article Eviction from Subsidized Housing to learn more about the different eviction processes for each type of subsidized housing.
Claims and defenses for illegal eviction can get very complicated. You may want to talk to a lawyer if you think you have a claim for illegal eviction. If you need a lawyer and have low income, you may qualify for free legal help. Also, if you win an illegal eviction case in court, your landlord may have to pay your lawyer’s fees. Use the Guide to Legal Help to find lawyers and legal services in your area.
Questions about Defenses and Counterclaims
You must bring up any defenses to eviction when you first answer the complaint. You can do this in court or in writing beforehand. You can use our Do-It-Yourself Answer to Eviction Complaint tool to create your Answer. Read the article Going to Court in an Eviction Case to learn more about responding to an eviction complaint.
Some courts include a court date in the summons and complaint. If your summons and complaint include a court date, you can go to court and verbally respond at the hearing, or you can file a written answer with the court and serve a copy on your landlord.
Some courts don’t include a court date in the summons. Instead, you are told you have five days to respond with a written answer or the court will automatically find you in default. If you live in of one of these 5 Day Districts, you must file a written response with the court and mail a copy to your landlord within five days of getting the summons and complaint. If you do not, you will not get a court date. The court will issue a default judgment for possession, and you will lose this chance to tell the court about your defenses.
If you file a written answer, include your counterclaim and describe all the facts that support it. If you must go to court to respond to the eviction, make sure to tell the judge you have a counterclaim and be prepared to explain the details.
Read the article Going to Court in an Eviction Case to learn more.
A counterclaim tells the court you think your landlord should have to pay you. You can bring a counterclaim if your landlord:
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Didn't repair something in your home
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Made you wait a while before making repairs
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Shut off or arranged for the shut-off of any utility service (gas, electricity, water)
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Locked you out or forced you out of your home
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Did not reimburse you for temporary housing while you could not stay in your home
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Misrepresented facts about your home before you signed the lease
Read the article Common Defenses and Counterclaims in Evictions to learn more.
Yes. A counterclaim tells the judge why your landlord owes you money after your landlord files an eviction case against you. If your landlord tries to evict you in court, you can raise a counterclaim for illegal eviction. You may be able to get money for the damage done to you or your property. You may also win the right to move back in. You can raise a counterclaim for illegal eviction if your landlord:
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Used or threatened force to make you leave or keep you out of your home
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Entered your home without your permission, unless in an emergency
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Removed, withheld, or destroyed your property
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Changed or added locks to your home without your permission
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Boarded up the property to prevent entry or make entry more difficult
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Caused a shut-off of water, electric, or gas service
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Caused loud noises, bad odors, or other nuisances
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Put your belongings out on the street
Read the articles Illegal Eviction: What Is It and How Does It Start? and Common Defenses and Counterclaims in Eviction Cases to learn more.
Sometimes. If the judge hasn’t made a final decision in your case yet, you can ask to amend your answer to include your defense or counterclaim. Make sure to do this as soon as you realize you have a defense. It is up to the judge whether or not you’ll get to bring up the defense or counterclaim. The judge is more likely to allow you to amend your answer if it would be unfair not to let you change it.
Maybe. If your landlord didn’t make repairs promised in your lease or failed to keep your home in good repair, then your landlord has violated the lease and the law. Withholding your rent may be a defense if you are being evicted for nonpayment of rent. You can refuse to pay rent for the time that your home wasn’t livable or refuse to pay a portion of your rent for the part of your home that wasn’t usable.
If your lease is for more than a year, repairing your home might be your responsibility, not your landlord’s. In that case you will not have a defense to the eviction. Check your lease to confirm whether your landlord has this duty.
To learn more about this and other defenses, read the article Common Defenses and Counterclaims in Eviction Cases.
An escrow account is a bank account money is deposited in for a specific purpose. Money for other purposes should not be deposited into it.
In a landlord-tenant case, a tenant in a dispute with a landlord about repairs can establish an escrow account to hold rent until the dispute is resolved. This shows the judge the tenant can pay the rent. A judge might also order a tenant to put rent into an escrow account at the court until a case is resolved.
The cost of setting up an account depends on your bank or credit union. Your bank or credit union might charge a small fee and require a minimum deposit. Talk to an agent at your bank or credit union to see what will work best for you. You do not need a special type of account to be your escrow account. You just need to show the court the rent is set aside, and you are willing to pay it if ordered.
If you set up the account yourself, you can keep the money or transfer it into your personal account.
If the judge ordered you to set up an escrow account and there is money left over after the dispute is resolved, the judge must order the money be released to you.