Understanding Forcible Entry and Detainer in Michigan Landlord Tenant Disputes

Tenants, landlords, and property owners in Michigan have responsibilities and obligations to each other and the law, and when they fail to abide by the law, action may be taken to correct it. One such example is when a tenant overstays their lease for some reason. Even if there is a legitimate reason, the landlord or property owner may not think so and may file what's known as a forcible entry and detainer (also known simply as a forcible detainer in some jurisdictions). This process can be cumbersome. It can also backfire if the proper steps are not taken.

At Hamilton Law, our real estate lawyer in Kalamazoo County handles landlord-tenant matters and will help you make sure you follow the law and relevant rules. Contact us today at 269-488-8394 to schedule a Free Consultation and to get smart advice and representation.

What is Forcible Entry and Detainer?

In most jurisdictions, forcible entry and detainer is a legal process that allows either:

A landlord to regain possession of their property from a tenant who has overstayed or breached the lease agreement; or
A property owner who wants to remove the original owner of a property that was sold at a foreclosure or trustee's sale.

The process begins when the landlord files a complaint with the court and requests the court issue a summons to the tenant. The summons informs the tenant of the landlord's complaint and provides an opportunity to respond.

Once the tenant has been served with the summons, they have a certain amount of time to respond, typically between three and ten days. If the tenant fails to respond, the landlord can file a motion for default judgment, and the court may grant possession of the property to the landlord.

If the tenant does respond to the summons, a court hearing will be scheduled to determine whether the landlord has a valid claim to the property. If the court finds in favor of the landlord, an order for possession will be issued, and the landlord can take steps to regain possession of the property.

To note, some jurisdictions also have unlawful detainer or forcible detainer laws. These laws are slightly different and can mean different things depending on the state; therefore, the terms are often improperly interchanged or confused with each other. For example, some jurisdictions use forcible entry and detainer to refer to situations where occupiers are on a property without ever having a right to be there – meaning they may have broken a window to gain access or never had a lease agreement. The same jurisdiction may reserve the term forcible detainer for situations where tenants or occupiers overstay their right to do so.

Another important note is that the laws governing forcible entry and detainer actions will also vary depending on the nature of the property: whether it's residential or commercial.

To make sure you comply with the right laws and rules, contact our landlord-tenant lawyer in Michigan today, and we will review the lease agreement and identify the appropriate steps to take.

Grounds for Forcible Entry and Detainer in Michigan

In order for a landlord to file a complaint for forcible entry and detainer, they must have grounds for the claim. Landlords can evict tenants for several common reasons, usually tied to violations of the lease agreement or applicable laws.

Here are some typical grounds for eviction:

Nonpayment of Rent. The tenant fails to pay rent as agreed in the lease. This is one of the most common reasons for eviction.
Lease Violations. The tenant breaches specific terms of the lease, such as having unauthorized occupants or pets, causing significant property damage, engaging in prohibited activities (e.g., running a business from the rental unit without permission), or violating noise or nuisance clauses.
Illegal Activity. The tenant engages in illegal activities on the property, such as drug dealing, manufacturing drugs, or other criminal behavior.
End of Lease Term. The lease has expired, and the landlord does not wish to renew it. In this case, the landlord must provide proper notice to the tenant to vacate.
Failure to Move Out After Notice. The tenant does not vacate the property after receiving a notice to quit or notice to vacate, which may be given for various reasons, including lease expiration or the landlord's intent to occupy the property.
Violation of Health or Safety Codes. The tenant violates health or safety regulations, such as hoarding when it creates hazardous conditions.
Property Renovations or Demolition. The landlord plans to renovate or demolish the property and requires the tenants to move out. This reason may have specific legal requirements and protections for tenants, depending on local laws.
Sale of the Property. The property is being sold, and the new owner does not wish to continue leasing it to the current tenants. Again, proper notice must be provided, and local laws will dictate specific requirements.
Owner Move-In. The landlord or a close family member intends to move into the rental property. This reason typically applies to small landlords and may be subject to specific legal conditions and notice periods.

It's important for landlords to follow the correct legal procedures for eviction, including providing the appropriate notice period and obtaining a court order if the tenant does not vacate voluntarily. Failure to follow these procedures can result in delays or legal consequences for the landlord. Additionally, tenants have rights and may contest an eviction if they believe it is unjust or improperly executed.

Eviction Process in Michigan for Forcible Entry and Detainer Actions

Regardless of which state, county, or city you lease property, the basic steps of the forcible entry and detainer process are similar and usually involve the following steps.

Landlord files complaint. The landlord files a complaint with the court, stating the grounds for the forcible entry and detainer action and requesting possession of the property.
Summons is issued. The court issues a summons to the tenant, informing them of the complaint and giving them an opportunity to respond.
Tenant responds. The tenant has a certain amount of time to respond to the summons, typically between three and ten days.
Court hearing. If the tenant responds, a court hearing will be scheduled to determine whether the landlord has a valid claim to the property.
Judgment is issued. If the court finds in favor of the landlord, an order for possession will be issued.
Possession is regained. The landlord can take steps to regain possession of the property, such as hiring a sheriff or constable to remove the tenant.

The process typically follows a specific timeline, which may vary by state.

Understanding Tenant Defenses to Forcible Entry and Detainers

There are several defenses that a tenant can raise in response to an eviction action. If you are a landlord or property owner who wants to bring an eviction action against a tenant, knowing their possible defenses can help you strategize.

Improper Notice

A tenant can argue that the landlord did not provide proper notice before filing an eviction action. In most states, a landlord must provide the tenant with written notice of the alleged breach of the lease agreement and an opportunity to cure the breach before filing a forcible entry and detainer action. If the landlord did not provide proper notice, the tenant may have a defense.

Retaliation

A tenant can argue that the landlord is retaliating against them for exercising their legal rights. For example, if the tenant complained to the landlord about the need for repairs and the landlord responded by filing a forcible entry and detainer action, the tenant may be able to raise a retaliation defense.

Waiver

A tenant can argue that the landlord waived their right to file a forcible entry and detainer action. For example, if the landlord accepted rent payments after the alleged breach of the lease agreement, the tenant may be able to argue that the landlord waived their right to file a forcible entry and detainer action.

Constructive Eviction

A tenant can argue that they were constructively evicted from the property. Constructive eviction occurs when the landlord fails to provide essential services or makes the property uninhabitable, forcing the tenant to move out. If the tenant can prove that they were constructively evicted, they may be able to defend against a forcible entry and detainer action.

Procedural Defenses

A tenant can argue that the landlord did not follow proper procedures in filing a forcible entry and detainer action. For example, the tenant may argue that the landlord did not have proper standing to file a forcible entry and detainer action or that the complaint was not properly served.

Payment of Rent

If a forcible entry and detainer action is based on non-payment of rent, the tenant can raise a defense by paying the rent owed. In most states, if the tenant pays the rent owed before the court issues an order for possession, a forcible entry and detainer action will be dismissed.

Contact an Eviction Attorney in Michigan Today

If you need to evict a tenant in Michigan through a forcible entry and detainer proceeding, you should obtain experienced legal advice. Deadlines are strict. Rules must be followed. Tenants have rights and defenses that you should consider first. At Hamilton Law, we will help make sure you get smart advice and representation. Contact us at 269-488-8394 or fill out the online form today to schedule a Free Consultation.