Court-ordered evictions in Michigan are nearing pre-pandemic levels.
Before the COVID-19 pandemic, about 20% of eviction filings in Michigan ended with a court allowing a landlord to force a tenant out. Throughout the health crisis — amid moratoriums and federal rent aid — that rate was cut nearly in half.
But by mid-2023, the displacement crept back up to nearly pre-pandemic levels, with 17% of eviction filings leading to the removal of a tenant, and their belongings, from a home. Many other tenants may have voluntarily left before that stage. That's according to a June report from the Justice for All Commission, created by the Michigan Supreme Court.
Meanwhile, in Detroit, evictions in 2023 rose rapidly as widespread pandemic housing protections ended. By the end of the year, the 36th District Court signed more than 7,400 eviction orders. Although eviction orders dropped during the first years of the pandemic, and are still below the roughly 10,000 evictions signed in 2019, they have been climbing. Through June of this year, there were more than 2,700 eviction orders, data provided to the Free Press by the 36th District Court shows.
An eviction order allowsa court officer to remove a tenant and their personal belongings from a rental property. Sometimes both parties resolve the issues before it gets to that stage. Other times, they take their concerns to court. Either way, Michigan law lays out the steps in the eviction process.
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Here is what happens when a tenant receives a notice and what leads up to a court officer knocking on a tenant's door to remove them from a property,accordingto Michigan Legal Help and aguidefor landlords and tenants from the Michigan State University College of Law:
Reasons behind an eviction
There are many reasons a landlord may evict a tenant, according to state law. Thoseinclude:
- Not paying rent
- Not moving when a lease ends
- Violating a lease term
- Causing extensive physical damage to a property
- Creating a health hazard
- Illegal drug activity
- The landlord thinks there is a "just cause" to evict someone from a mobile home park or federally subsidized housing.
The eviction notice
An eviction notice — sometimes called "notice to quit" or "demand for possession" — explains why a landlord wants a tenant to move and how much time the tenant has to act before court action.
The notice must be in writing and include thefollowing: the tenant's name, address or description of the rental property, reason for eviction, amount of time for the renter to address any issues, date and the landlord's signature. It must be delivered in person to the tenant or a family member living in the household and request that it be given to the renter, through mail or electronically via email (if that is a method of communication the tenant agreed to).
After receiving a notice, the tenant has a specified amount of time to remedy the problem. Thattime frame variesbased on the reason for the eviction and ranges from 24 hours to 30 days. Here are some examples,accordingto Michigan Legal Help: 24 hours for illegal drug activity and seven days if a tenant hasn't paid rent or created a health hazard.
A notice is not the same thing as an order of eviction, meaning a renter does not have tomove when the notice expires. There are certain conflicts that can be resolved, such as paying back rent. However, there are other issues, such as breach of a lease or illegal drug activity, causing a tenant to have to move out otherwise the landlord could sue them,accordingto the MSU College of Law guide for landlords and tenants.
After the notice time period ends, the landlord can file a lawsuit and take the tenant to court. A landlord does not have to provide notice or go to court if someone forced their way into a home and decided to stay in it —also knownas squatting or trespassing.
But the landlord can't do anything to prevent someone from accessing the propertybefore getting a court order.The landlord can't, for instance, destroy property, board up a home, put belongings out on the street and refuse to make repairs. Michigan Legal Help says that there are instances in which a landlord can come into a home. That's called lawful interference and can happen if the landlord is acting on a court order, entering a home with permission to make repairs or believes the renter abandoned the place or died.
The steps in an eviction
The eviction process can takeanywherefrom 21 to 57 days, according to the MSU guide. Briefly, here's what that usually entails:
- A landlordmust provide notice to the tenant.
- If the tenant doesn't comply, a landlord can initiate the eviction process by filing a civil lawsuit in district court. The tenant will thenreceive asummonsand complaint lettingthem know they are being sued and to show up for a hearing.
- If the parties don't agree to resolve the dispute, a judge or jury is required to make a decisionon whether a tenant has to move out or not.
- If a judgment sides with the landlord, the tenant can be evicted. The landlord canapply for an eviction order if the tenant doesn't leave by a certain time or do some other required action.
- Once that order is filed and signed by a judge, it can be executedby a court officer hired by the landlord plaintiff.
Who are court officers at 36th District Court?
The 36th District Court approves a list of officers whom landlords may hire to conduct an eviction. They are not employees of the court but rather independent contractors. That wasn't always the case.About a decade ago, the court moved officers who conduct evictions off of its payroll and made them independent contractors as part of a cost-cutting measure that theunion representing officers at the time resisted. The officers are paid by the landlord, or the plaintiff in the case, and per eviction.
Can court officers carry weapons?
Yes. Court officers may obtain a license to carry aconcealed firearm, according to the 36th District Court. Firearms and licenses, however, are not provided by the court.
Who oversees court officers?
State court ruleslay out provisions for how evictions are to be conducted,including who can execute them. Ultimately, it's up to chief judges to choose and supervise the court officers. Complaints related to court officers should be submitted to the chief judge. Court officers are not required to submit reports in instances when they may use force while conducting an eviction. Detroit police are "called to keep the peace when necessary," according to the court.
Earlier this month, a bailiff shot and killed a man during an eviction on Detroit’s west side. According to Detroit police, the man appeared to be having a mental health crisis and charged at the bailiff, who fired shots and fatally wounded him. Detroit police were on-site during the eviction. As of late July, the incident is still under investigation, according to a response by the city of Detroit's Law Department to a Freedom of Information Act request for information about the case.
How to get help
- Read the full Justice for All Commission report on evictions, including a breakdown of the eviction process in Michigan, at bit.ly/MichiganEvictionProceedings. For more information about evictions and resources for assistance, go to Michigan Legal Help atbit.ly/MichiganLegalHelpEvictionsand the Michigan Attorney General's website for landlords and tenants atwww.michigan.gov/ag/about/landlord. For an in-depth rundown about eviction proceedings, go towww.legislature.mi.gov/Publications/tenantlandlord.pdf.
- Reach out to the United Way for Southeastern Michigan's 211 helpline for additional assistance.
- Eligible Detroiters facing eviction can go to bit.ly/DetroitOfficeofEvictionDefense or call the Detroit Housing Resource Helpline at866-313-2520.
Contact Nushrat Rahman: nrahman@freepress.com; 313-348-7558. Follow her on Twitter:@NushratR.
