In Michigan, a Demand for Possession for nonpayment of rent is a written seven-day notice a landlord must serve on Form DC 100a before filing an eviction case for unpaid rent.1Michigan Courts. State of Michigan Form DC 100a – Demand for Possession Nonpayment of Rent The tenant has seven days from service to pay the full amount owed or move out. If neither happens, the landlord can go to district court. If the form is wrong, the amount is inflated, or service is sloppy, the case can be dismissed before a judge weighs the merits.
What the Demand Has to Say
The State Court Administrative Office publishes Form DC 100a, and landlords are expected to use this standardized form.2Michigan Courts. Instructions for Using Form DC 100a It needs the tenant’s name, the mailing address where the demand will be delivered, and the full address or description of the rental property if different. The landlord or an authorized agent signs and dates it, declaring the information is accurate.
The dollar figure matters more than any other entry. It must reflect only “rent due” as defined by the lease. Michigan law excludes accelerated indebtedness triggered by a lease breach, so a landlord cannot pile the remainder of the lease term onto a single missed month.3Michigan Legislature. Michigan Compiled Laws 600.5714 Whether late fees, utility charges, or damage costs count as rent depends on whether the lease treats them as rent. Padding the demand with charges that don’t qualify hands the tenant a reason to challenge the notice. When unsure, use the base rent the lease sets each month.
How the Demand Must Be Served
A correctly filled form only works if it is delivered the right way. Michigan law allows four methods of service:4Michigan Legislature. Michigan Compiled Laws 600.5718 – Demand for Possession or Payment; Service
- Handing the document directly to the tenant.
- Leaving it at the rental property with a family member, household member, or employee of the tenant who is old enough and responsible enough to pass it along.
- Mailing it first-class to the tenant at the rental address. When mailed, the date of service is the next regular mail delivery day after the date of mailing.
- Sending it electronically, but only if the tenant previously consented in writing and both parties confirmed the arrangement by electronic transmission. A landlord cannot refuse to enter a lease because a prospective tenant declines electronic service.
Whichever method is used, keep proof. A mailing receipt, a dated copy of the form, or a written record of personal delivery is what carries the day if the tenant later disputes receipt.
The Seven-Day Window
Once the demand is served, the tenant has seven days to either pay the full rent owed or vacate.1Michigan Courts. State of Michigan Form DC 100a – Demand for Possession Nonpayment of Rent The clock starts the day after service. No eviction complaint can be filed until the seven days have fully expired.5Michigan Courts. Complaint, Nonpayment of Rent
Pay the full amount within the window and the demand is satisfied; the landlord cannot proceed on that notice. Partial payment is different and often misunderstood. A landlord who accepts part of the balance during the seven days can still file once the window closes, as long as the full amount has not been paid. Paying half may feel like progress, but legally it does nothing to the landlord’s right to file.
If the seventh day lands on a weekend or legal holiday, the tenant generally has until the end of the next business day to respond, consistent with Michigan’s standard rules for computing time.
What Happens If the Tenant Doesn’t Pay or Leave
When the seven days run out, the landlord can file an eviction complaint using Form DC 102a along with a summons on Form DC 104, in the district court for the county or city where the property sits.6Michigan Courts. Instructions for Using Form DC 102a The base filing fee for a possession-only case is $45, with supplemental fees added when the landlord also seeks a money judgment for the unpaid rent.7Michigan Courts. District Court Fee and Assessments Table
The court issues a summons setting a hearing date, and the tenant must receive the summons and complaint at least three days before court. If the trial is adjourned, it has to be rescheduled within 7 to 14 days of the original date unless both parties agree otherwise or the court finds good cause for a longer delay, which cannot exceed 56 days.
Defenses a Tenant Can Raise
A judge cannot enter a possession judgment against a tenant who establishes any of the following:8Michigan Legislature. Michigan Compiled Laws 600.5720
- The eviction was primarily a penalty for the tenant trying to enforce rights under the lease or under state or federal law, reporting a health or safety code violation to a government authority, or participating in a tenant organization.
- The landlord committed a breach of the lease that excuses payment of rent. This is the defense that matters most in nonpayment cases. A landlord who failed to maintain habitable conditions or violated a material lease term may be the one who broke the agreement first.
- The tenant paid rent into a court-ordered or statutory escrow account rather than directly to the landlord.
- The landlord terminated a tenancy in government-operated housing without any stated cause.
When a tenant claims retaliation and shows they filed a complaint or took protective action within 90 days before the eviction case was filed, the law creates a presumption that the eviction is retaliatory, and the landlord then has to prove by a preponderance of evidence that it was not. The presumption disappears if the complaint was filed more than 90 days earlier or was resolved against the tenant.
Paying After a Judgment to Keep the Home
Losing at the hearing is not necessarily the end. If the judgment is for nonpayment of rent, the court will not issue a writ of restitution (the order that authorizes physical removal) as long as the tenant pays the full judgment amount plus court costs within the time the judge specifies.9Michigan Legislature. Michigan Compiled Laws 600.5744 – Issuance of Writ of Restitution This right to redeem is one of the most important tenant protections in nonpayment cases, and many people never hear about it.
If payment doesn’t come in that window, the landlord can file an Application and Order of Eviction using Form DC 107 after the time stated in the judgment has elapsed.10Michigan Courts. Application and Order of Eviction A judge has to sign the order, which must be executed within 56 days of issuance. Only a court officer can physically remove a tenant.
What a Landlord Cannot Do Instead
Michigan law is unforgiving toward landlords who try to skip the court process. Changing the locks, shutting off heat or water, removing the tenant’s belongings, boarding up the property, or introducing noise or odors to drive a tenant out all count as unlawful interference with possession.11Michigan Legislature. Michigan Compiled Laws 600.2918
A tenant subjected to any of these tactics can sue for triple their actual damages or $200, whichever is greater, for each occurrence, and can recover the property if possession was lost. A tenant who was forcibly ejected can recover triple damages or $200, whichever is greater, and regain possession. These protections cannot be waived in a lease, so a clause purporting to allow self-help eviction is unenforceable. The damages claim has a one-year window; emergency possession recovery has 90 days. The resulting liability almost always exceeds whatever rent was owed.
Federally Subsidized Housing: An Extra Notice
If the property participates in a federal housing assistance program, has a federally backed mortgage, or has a federally backed multifamily mortgage, the CARES Act requires a separate 30-day notice before eviction for nonpayment.12Congress.gov. CARES Act Eviction Notice Requirements That covers Section 8 Housing Choice Vouchers, project-based rental assistance, USDA rural housing programs, and properties with FHA-insured mortgages or loans owned or securitized by Fannie Mae or Freddie Mac. The federal 30-day notice runs alongside Michigan’s seven-day demand, not instead of it. Landlords with covered properties have to meet both.