How to Evict a Roommate in Michigan (and Other Household Situations)
What Michigan law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: Under Michigan's Landlord-Tenant Act, a 'tenant' is an individual who occupies a rental unit for residential purposes with the landlord's consent for an agreed-upon payment, and a 'landlord' includes a sublessor. A roommate who pays the leaseholder may be that person's subtenant; one who pays nothing may be only a guest or licensee. Which applies depends on the facts. MCL 554.601(a), (g)
| Roommate not on the lease | Under Michigan's Landlord-Tenant Act, a 'tenant' is an individual who occupies a rental unit for residential purposes with the landlord's consent for an agreed-upon payment, and a 'landlord' includes a sublessor. A roommate who pays the leaseholder may be that person's subtenant; one who pays nothing may be only a guest or licensee. Which applies depends on the facts. Source: MCL 554.601(a), (g) |
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| Removing a roommate or subtenant | A leaseholder who rents to a roommate must end the arrangement with proper notice (for a tenancy at will, generally notice equal to the rent-payment interval, or 7 days for nonpayment) and, if the roommate stays, recover possession through summary proceedings in district court. For summary proceedings, a 'lease' includes a written or verbal lease or license agreement. Lockouts, removing belongings and shutting off essential utilities without a court order expose the person to damages. |
| Guests who won't leave | No statute sets when a guest becomes a tenant. Summary proceedings cover verbal leases and license agreements, so a guest allowed to stay can be removed by ending the permission with notice and then filing in district court if they remain. Against a person who came into possession by trespass without color of title or other possessory interest, the owner may enter the premises, and a court may issue a writ of restitution immediately after judgment. Whether someone is a trespasser or a licensee depends on whether they were ever allowed to stay. |
| Removing a family member or partner | No statute specifically addresses removing a family member or partner. A person allowed to live in the home without a lease generally holds at will or under a license; the owner may end that with notice under MCL 554.134 and, if the person stays, recover possession through summary proceedings. Where there is abuse, a personal protection order may also address who stays in the home. Source: MCL 554.134; 600.5714(1)(c)(iii) |
| Renting a room in your own home (lodgers) | No special statute for a lodger in the owner's own home. The Landlord-Tenant Act's definition of 'rental unit' expressly includes boarding houses and rooming houses, and a person who occupies a unit with the owner's consent for agreed payment is a tenant. Such a lodger is generally removed by notice and summary proceedings. Source: MCL 554.601(c), (g) |
| Tenancy at will | An estate at will or by sufferance may be ended by either party with 1 month's notice, or, if rent is payable at intervals shorter than 3 months, notice equal to the interval between payments. For nonpayment of rent, the landlord may give a written 7-day notice to quit. A person who holds over after such a notice can be removed by summary proceedings. |
| Hotel and extended-stay guests | No statute — Michigan has no statute setting when a hotel or motel guest becomes a tenant. The hotels act (1913 PA 188, MCL 427.1-427.15) deals with fire safety and inspection, not occupancy rights. Whether a long-term guest is a tenant turns on the general definition: an individual who occupies a rental unit for residential purposes with the owner's consent for agreed payment. Summary proceedings cover verbal leases and license agreements (MCL 600.5701(c)), so a long-term occupant may need to be removed through court. |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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Michigan eviction laws · Free legal help in Michigan · Roommate rules in other states
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.