How to Delay a Sheriff Lockout During an Eviction Appeal in Michigan

If you’re a renter in Michigan facing eviction, you may be worried about losing your home through a sheriff lockout. Michigan law allows renters to appeal eviction judgments and, in certain cases, temporarily delay (or "stay") a sheriff lockout while that appeal is pending. This guide explains how to request a stay, what forms you need, and what to expect during the process, all in simple terms.

What Is a Sheriff Lockout?

A sheriff lockout is when law enforcement—usually the county sheriff—removes a tenant from their rental unit after a court orders an eviction. If a judge rules against you in court, the landlord can request an Order of Eviction. The sheriff then comes to remove you and change the locks. However, in Michigan, you may be able to delay this process by filing an appeal and requesting a stay of the eviction order.

Can You Stay a Sheriff Lockout by Appealing?

Yes, Michigan law lets renters who appeal an eviction judgment ask the court to "stay" or temporarily pause enforcement of the lockout order. This gives you more time in your home while your appeal is considered.

Who Handles Eviction Appeals?

• The Michigan District Court (local district court handles eviction cases)

The district court issued the original eviction judgment, and appeals usually go to the local Circuit Court in your county.

Official Forms: Filing for a Stay and Appeal

• Claim of Appeal (Form MC 55): You use this form to notify the court that you’re appealing a judgment. Access Claim of Appeal (MC55).
  Example: After losing an eviction case, you fill out and submit this form to appeal.
• Motion for Stay of Proceedings (No official statewide form—ask your local court): This asks the judge to pause the eviction while your appeal is pending. Some courts may have their own template or guidance; always check with your local district court clerk.
  Example: You submit a written motion to the judge asking to delay the sheriff lockout after you have filed a Claim of Appeal.
• Order on Application to Stay Proceedings (SCAO Form MC 60): The judge signs this if they grant your request for a stay. View Order on Application to Stay Proceedings (MC60).

How Does the Appeal and Stay Process Work?

Timing is key—you must act quickly after a court decision.

• File a Claim of Appeal within 10 days of the judgment.
• Submit a Motion for Stay as soon as possible after filing your appeal.
• You may have to pay an appeal bond or deposit rent with the court. The judge decides the amount.
• If granted, the sheriff lockout is delayed while your appeal moves forward.

What Michigan Law Says About Stays and Eviction Appeals

Michigan’s main landlord–tenant law is the Revised Judicature Act of 1961 (see especially Chapter 57 and MCL 600.5744 on summary proceedings for possession and enforcement of eviction orders). This law sets out when and how courts can issue, stay, or enforce eviction orders.¹

What Happens If a Stay is Granted?

If the judge approves your motion and signs the Order on Application to Stay Proceedings, the sheriff cannot carry out the lockout during the appeal. However, you must follow any court conditions (like paying rent).

• Failing to meet court conditions can cancel your stay and allow the eviction to proceed.
• Appeals can take several weeks or months. The stay buys you extra time, but is typically not permanent.

Action Steps: Requesting a Stay During an Appeal

Here’s a quick summary of action steps if you want to delay a sheriff lockout through an appeal in Michigan:

• Get a copy of your eviction judgment and note the date.
• File your Claim of Appeal (Form MC 55) with the district court within 10 days.
• Check with the district or circuit court clerk for any local forms or instructions on filing a stay motion.
• Submit your written Motion for Stay of Proceedings.
• If requesting a stay, be prepared to pay a bond or deposit; ask the clerk what’s required.
• If the judge grants your stay, ensure you follow all court conditions (like paying ongoing rent).

FAQ: Stays and Appeals in Michigan Eviction Cases

1. Can I be locked out during my appeal?
   If you do not request and receive a stay of the eviction order, the sheriff may proceed with a lockout even if you’re appealing. Requesting a stay is essential to prevent this.
2. Do I need a lawyer to request a stay?
   No, but the process can be complex. Many courts offer self-help resources, but legal aid is recommended if possible.
3. What if my stay is denied?
   You must leave your rental by the date indicated, or the sheriff may lock you out. Consider negotiating with your landlord or seeking help from legal aid services.
4. How much does the appeal bond cost?
   The judge sets the bond amount, often equal to any rent owing and sometimes additional holdover payments. Speak to the court clerk for exact amounts in your case.
5. Where can I find Michigan’s eviction and appeals rules?
   See the summary proceedings section of the Revised Judicature Act and your local court’s landlord-tenant page.

Need Help? Resources for Renters

• Michigan Courts – Landlord-Tenant and Eviction Resources
• Michigan Legal Help – Eviction Self-Help Tools
• Contact your local district or circuit court clerk for forms and appeal information (see their websites via court locator)
• For legal assistance: Find a Lawyer or Legal Aid Service

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1. Michigan Revised Judicature Act of 1961, Sections 600.5741–600.5759

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