How to Evict a Roommate Not on the Lease in Michigan

Dealing with a roommate who isn’t listed on your lease can be complicated, especially if you need them to move out. In Michigan, removing a roommate not on the lease involves following a legal process to protect everyone's rights. This guide explains the steps, forms, and official resources you’ll need to navigate roommate eviction lawfully.

Understanding Roommate Relationships in Michigan

In many shared housing situations, one renter is the official “tenant” on the lease, while roommates not on the lease are considered “occupants” or “subtenants.” If your roommate has not signed a lease with the landlord, they usually don’t have the same legal protections as tenants. However, you must still follow Michigan law to ask them to leave and cannot lock them out or remove their property yourself.

Your Legal Status and Responsibilities

The process for removing a roommate will depend on your relationship and how they moved in:

• If you invited them to stay and they pay you rent, they may be your subtenant.
• If you share expenses but only your name appears on the lease, you’re likely considered their “master tenant.”
• If your landlord allowed them to move in (even without a signed lease) they could be a recognized occupant.

Michigan law says you cannot use self-help methods (e.g., changing the locks or removing belongings). Instead, you must follow the official eviction process, even if the roommate is not on your lease.^[1]

Notice Requirements: How to Start the Process

Before filing with the court, you must provide written notice for your roommate to vacate. For someone not on the lease, you generally issue a "Notice to Quit" (Form DC 100c), which gives at least 30 days’ notice for termination (or 7 days, if nonpayment or cause applies). Serve this notice in writing and keep a copy for proof.

• Form Name: Notice to Quit to Recover Possession of Property (Form DC 100c)
  When to use: When you want to formally ask your roommate to leave.
  Download Notice to Quit Form (DC 100c)

After the notice period, if your roommate does not leave voluntarily, you may proceed to file for eviction through the court process.

Filing an Eviction in Michigan Courts

If your roommate remains, you’ll need to file an eviction action. In Michigan, eviction cases are known as "Summary Proceedings" and are handled by the Michigan District Court. You’ll need:

• Form Name: Complaint to Recover Possession of Property (Form DC 102c for nonpayment, or DC 102a for other cases)
  When to use: After the notice period ends and your roommate hasn’t moved out.
  Download DC 102a Complaint Form
  Download DC 102c Complaint Form

You will submit these with a copy of your Notice to Quit and pay a court filing fee. The court will schedule a hearing, and your roommate will be officially served notice to attend.

What Happens at the Hearing?

At the hearing, you’ll explain why your roommate should be evicted. Bring:

• Copies of your lease or housing agreement
• Proof of Notice to Quit delivery
• Records of communications with the roommate

If the court rules in your favor, the judge will issue an order for your roommate to leave—usually within 10 days. Only a court officer (not you) can remove them if they refuse to go.

Michigan Eviction Laws and Tenant Rights

The eviction process and renters’ rights in Michigan are governed by the Michigan Summary Proceedings Act (Public Act 348 of 1972).^[2] The act outlines steps for legal eviction, notice rules, and court forms. For additional guidelines, visit the official Michigan Attorney General’s Landlord/Tenant Resources.

What if My Landlord Isn’t Involved?

If you’re the only tenant on the lease and your roommate isn’t recognized by your landlord, you are likely responsible for the court process (as the "master tenant"). However, you may want to notify your landlord to avoid disputes or unexpected liabilities.

If your landlord gets involved, they may need to start the eviction process themselves in some cases. For clarity about your specific situation, you may wish to contact local tenant support agencies or a legal aid office.

FAQ: Roommate Evictions in Michigan

1. Can I just tell my roommate to leave if they’re not on the lease?
   No. In Michigan, you must give a formal written notice and follow the court eviction process, even for roommates not listed on your lease.
2. What happens if my roommate refuses to move out after being evicted?
   If a court orders eviction and your roommate still stays, only a court-appointed officer (not you or your landlord) can physically remove them and their belongings.
3. How long does the eviction process take in Michigan?
   The process typically takes 3–6 weeks, depending on court schedules and if your roommate contests the eviction.
4. What official forms do I need to evict a roommate?
   You’ll use the Notice to Quit (Form DC 100c) then, if needed, a Complaint to Recover Possession of Property (Form DC 102a or DC 102c). Both are available from the Michigan Courts.
5. Does my landlord have to be involved?
   Usually, no. If your roommate is not a recognized tenant, you can start the eviction yourself. However, notifying your landlord is a good idea for transparency.

Key Takeaways

• You must serve a written Notice to Quit before starting an eviction.
• Michigan courts handle roommate evictions—even if the roommate isn’t on the lease.
• Never attempt "self-help" evictions; always follow legal processes.

Always use the correct official forms, and allow enough time for court processing. Each step is designed to protect renters and prevent unlawful evictions.

Need Help? Resources for Renters

• Michigan Attorney General: Landlord & Tenant Resources
• Michigan Legal Help: Evictions and Housing
• Michigan District Court: Landlord-Tenant Cases

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1. See official Michigan law on eviction procedures and prohibited actions: Michigan Legislature: MCL 600.5714 Summary Proceedings.
2. Michigan Summary Proceedings Act (Public Act 348 of 1972): View full legislation.

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