Illegal Self-Help Eviction Practices in Michigan

If you’re renting a home or apartment in Michigan, it’s important to know that your landlord cannot remove you without following the proper legal process. Michigan law has strict rules about eviction and makes “self-help” evictions illegal. This article explains what self-help eviction means, what actions are against the law, the process your landlord must follow, and what you can do if your rights are violated.

What Is a Self-Help Eviction?

A self-help eviction is when a landlord tries to force you out of your rental without an official court order (also called a judgment of possession). This means using threats, intimidation, or locking you out, instead of following the proper legal process outlined by the state of Michigan.

Illegal Actions: What Landlords Cannot Do in Michigan

Michigan law specifically prohibits landlords from engaging in any of the following self-help eviction activities:

• Changing the locks or removing your doors to prevent you from entering your home
• Shutting off essential utilities like water, heat, or electricity to force you out
• Removing your belongings from the property
• Threatening you or trying to intimidate you into leaving
• Physically removing you or your family without a court order

These actions are illegal whether you’re behind on rent, have violated the lease, or your lease has ended. Your landlord must go through the official eviction process through the courts.

The Legal Eviction Process in Michigan

To properly remove a tenant, Michigan landlords must use the state’s legal eviction process. This process protects both renters and landlords. It usually involves three main steps:

• Serving a written eviction notice (such as a demand for possession or notice to quit)
• Filing an eviction lawsuit (known as a summary proceeding) in the local district court if the issue is not resolved
• Obtaining a court judgment of possession before a tenant can be removed

The Michigan District Court handles landlord-tenant disputes and eviction cases. They are the only authority who can issue orders for tenant removal in Michigan.

Official Forms Involved in the Eviction Process

• Notice to Quit/Demand for Possession (DC 100a):
  Used to notify the tenant of nonpayment, lease violations, or termination. For example, if your landlord claims you owe rent, they must give you this form before starting an eviction case. View and download from the official Michigan Courts website.
• Complaint to Recover Possession of Property (DC 102c):
  Filed by the landlord in court if you remain past the notice period. This starts the legal eviction case. The official form is on the Michigan Courts website.
• Order of Eviction (Writ of Restitution, DC 107):
  Only issued by the court after a hearing and judgment. This form authorizes a court officer—not the landlord—to carry out the eviction if a tenant does not leave. See the official form here.

Tenants should carefully review any notice or court documents they receive and respond by the required deadlines. If you believe your landlord is trying to bypass the court or remove you illegally, you have the right to take action.

What Should You Do If You’re Facing Illegal Eviction?

If you are experiencing an illegal self-help eviction, Michigan law allows you to take steps to protect yourself. You may be able to:

• Contact local law enforcement (the police) for immediate help
• File a complaint in the district court against your landlord for illegal lockout
• Seek an emergency court order (such as an "Emergency Motion to Restore Possession") to regain entry to your home
• Request damages or a rent abatement for illegal actions taken by your landlord

It’s important to gather evidence such as photographs, videos, text messages, or witness statements and keep all documents related to your tenancy.

Relevant Michigan Law

Michigan’s main rental law, the Landlord and Tenant Relationships Act (Act 348 of 1972), and Michigan Compiled Laws Section 600.2918 both provide protections against self-help eviction. These laws require landlords to use the court system to evict, and provide severe penalties for illegal lockouts.

FAQ: Michigan Renters and Self-Help Eviction

1. What is the first thing I should do if I am locked out by my landlord?
   Contact your local police right away. Being locked out without a court order is illegal, and police can often help you regain entry or document the violation for court.
2. Can my landlord shut off my utilities to make me leave?
   No, Michigan law forbids landlords from disconnecting water, heat, or electricity to force a tenant to move. If this happens, gather evidence and seek help immediately.
3. Does a landlord need to warn me before going to court for eviction?
   Yes, landlords must serve you with a written eviction notice (like the DC 100a form) before filing in court.
4. What court handles eviction and illegal lockout complaints in Michigan?
   The District Court in your county has jurisdiction over all residential eviction and landlord-tenant cases. Visit the official court website for more information.
5. Can I get back into my apartment if I was illegally locked out?
   Yes, you can petition the local district court for an emergency order to be restored to possession. Consider contacting legal aid for help.

Key Takeaways for Michigan Renters

• It is illegal for landlords to remove you without going through court.
• Lockouts, changing locks, or utility shut-offs are all examples of unlawful self-help eviction.
• If this happens, you can call the police, file a complaint, and seek an emergency court order to protect your rights.

Need Help? Resources for Renters

• Michigan Legal Help - Housing Resources: Free guidance and court forms for tenants
• Michigan District Court – Tenant-Landlord Division: Find your local court and access official forms
• Michigan Attorney General – Landlord & Tenant Consumer Alerts
• Dial 2-1-1 or visit MI 2-1-1 for local emergency and legal aid referrals
• For rental assistance or fair housing support, visit the Michigan State Housing Development Authority (MSHDA)

---

1. Landlord and Tenant Relationships Act, Act 348 of 1972
2. Michigan Compiled Laws Section 600.2918 – Forbidding Self-Help Eviction
3. Michigan District Courts – Tenant-Landlord Division
4. Notice to Quit, Form DC 100a
5. Complaint to Recover Possession, Form DC 102c
6. Writ of Restitution, Form DC 107

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations