Michigan Writ of Eviction: Waiting Period, Fees, and Removal

In Michigan, a writ of eviction — the court form actually calls it an “order of eviction” — is the document a district court judge signs authorizing a court officer, bailiff, sheriff, or deputy to physically remove a tenant from a rental property. A landlord cannot get one until a judge has already entered a judgment for possession, and in most cases cannot get one until at least 10 days after that judgment.¹ That 10-day gap is the window in which most tenants either pay, move, or file an appeal.

The Writ Comes After a Possession Judgment

The writ is not the start of an eviction. It is the last step. Before a landlord can apply for one, they have to file a summary proceeding in district court, serve the tenant, and win a judgment for possession at a hearing. Only then does the writ become available.

Winning the judgment does not, by itself, let the landlord remove anyone or change the locks. The judgment says the landlord is entitled to possession; the writ is what authorizes an officer to enforce that entitlement.

The 10-Day Waiting Period

In the standard residential case, the court cannot issue the writ until 10 days have passed since the possession judgment was entered.¹ Those 10 days are the tenant’s opportunity to move out voluntarily, pay off a rent judgment, or file an appeal. If nothing happens in that window, the landlord can submit the application on day 11.

When the Judge Can Skip the Wait

The court can issue the writ immediately, without waiting 10 days, if the landlord pleaded and proved one of the following at trial, and the tenant had advance notice that immediate issuance was being requested:

Trespass or forcible entry — the occupant entered without permission or any claim of right.
Holding by force — the occupant entered lawfully but is now keeping possession by force.
Drug activity — the eviction is based on illegal manufacture or distribution of controlled substances on the premises.
Serious ongoing health hazard or extensive continuing property destruction that the tenant refuses to fix or leave.
The premises lack a required certificate of compliance and have been ordered vacated.

Even in these cases, the judge can attach conditions to protect the tenant.²

How a Tenant Stops the Writ by Paying

If the eviction is for unpaid rent, the tenant can prevent the writ from ever issuing by paying the full judgment amount plus court costs before the waiting period runs out. Once that payment is made, the court cannot issue the writ.¹

Partial payment is trickier. A partial payment after judgment does not automatically stop the writ. The writ can still issue if the original judgment specifically said partial payment would not prevent it, or if the tenant is given notice and an opportunity to be heard at a hearing on the issue.² Tenants trying to save the tenancy should aim to pay the full amount, not a portion.

Applying for the Writ

The landlord uses SCAO Form DC 107, “Application and Order of Eviction,” available from the court clerk or the Michigan Courts website.³ A different form, DC 107a, applies when the eviction follows a broken conditional dismissal.⁴

The application requires the case number, the legal names of the parties, a description of the premises matching the complaint, and the date of the possession judgment. The landlord must declare under penalty of perjury whether any payments have come in since the judgment and, if so, the exact amount.³

The clerk confirms the waiting period expired without a stay and routes the paperwork to the judge who heard the possession case. The writ becomes enforceable only once the judge signs it. Two deadlines then govern the whole process:

The writ must be issued within 56 days of the possession judgment.
Once issued, it must be executed within another 56 days.

Missing either deadline forces the landlord to go back to court for a new hearing.²

Fees

The fee to file the writ itself is $15, on top of a service fee of roughly $40 to have it delivered and executed. The court can charge additional reasonable fees for the actual execution, and a party who thinks a fee is excessive can challenge it by motion, with the court weighing factors like travel time, the volume of property to be moved, and the officer’s actual expenses.⁵ The initial filing fee for the summary proceeding earlier in the case is $45.⁶

How the Physical Removal Works

Once signed, the writ must be delivered to the officer serving it within seven days.² Only a court officer, bailiff, sheriff, or deputy sheriff can carry out the eviction. Landlords cannot do it themselves under any circumstances.¹

Tenants typically get around 24 hours’ notice before the officer arrives. Not much time, but a real last window to collect belongings. If the tenant will not open the door, the officer has authority to force entry.

At the eviction itself, the landlord provides the labor and equipment to move the tenant’s property out. The statute directs the officer to leave the belongings in a public area or right-of-way, or to deliver them to the sheriff if the sheriff authorizes it.¹ Michigan has no specific statute requiring landlords to store abandoned belongings for a set period; the officer at the scene makes the abandonment call.

Conditional Dismissals Can Speed Everything Up

Many Michigan eviction cases end in a conditional dismissal instead of a judgment: the tenant agrees to pay a certain amount or meet other terms by a deadline, and the court dismisses the case. If the tenant misses the terms, the landlord files an affidavit of default. The case is reinstated, judgment enters, and the writ can issue all at once, often without a new hearing or additional notice.⁷

If you signed one of these and can’t meet the terms, don’t wait to see what happens. The agreement usually waives your right to further notice, which means the writ can land without warning. Contact legal aid before the deadline passes.

Appealing to Stay the Writ

A tenant can challenge the possession judgment by filing a claim of appeal. Filing the appeal along with a bond stays all proceedings, including a writ that has been issued but not yet executed.⁵ To get the stay, the appeal has to be filed before the waiting period expires.

The bond can be substantial. A tenant who appeals must post a bond covering appeal costs, the full judgment amount, and damages running from the original demand for possession. The court also enters an escrow order requiring the tenant to keep paying rent during the appeal.⁵ A tenant who can’t afford sureties or a cash deposit must be allowed to comply through an escrow arrangement, but the ongoing rent payments into escrow are still required.

A Landlord Cannot Skip the Writ

Michigan does not allow self-help. A landlord who locks a tenant out, shuts off utilities, removes doors or windows, or hauls the tenant’s belongings away without a writ is exposed to statutory penalties. A tenant forcibly and unlawfully removed can recover three times actual damages or $200, whichever is greater, plus possession. Other interference — utility shutoffs, lock changes, threats, or introducing noise or odors to drive a tenant out — carries actual damages or $200 per occurrence.⁸

These protections cannot be waived by a lease. A clause letting the landlord change the locks after a missed payment is unenforceable. A tenant who has been illegally locked out must file within 90 days to regain possession, or within one year to recover damages.⁸

What the Writ Means for Future Housing

An eviction filing can trail a tenant for years, even when the case is dismissed. Eviction records don’t appear on standard credit reports, but they do show up on tenant screening reports. Under federal law, screening companies can report eviction court filings for up to seven years from the date of filing, regardless of the outcome.⁹ If unpaid rent is sent to collections, that collection account can appear separately on a credit report for up to seven years.

You can dispute inaccurate eviction information on a screening report. The screening company must investigate within 30 days (sometimes 45) and correct or delete anything inaccurate, incomplete, or unverifiable. Sealed or expunged records should not appear at all. If a correction is made, ask the screening company to notify the landlord who received the original report.⁹

1
Michigan Legislature. Michigan Compiled Laws 600.5744
2
Michigan Courts. Michigan Landlord-Tenant Benchbook – Orders of Eviction
3
Michigan Courts. Application and Order of Eviction – Form DC 107
4
Michigan Courts. Request and Order of Eviction After Conditional Dismissal – Form DC 107a
5
Michigan Courts. Michigan Court Rules – Chapter 4
6
Michigan Legislature. Michigan Compiled Laws 600.5756
7
Michigan Courts. Consent Order for Conditional Dismissal – Form DC 508
8
Michigan Legislature. Michigan Compiled Laws 600.2918
9
Federal Trade Commission. Disputing Errors on Your Tenant Background Check Report