Quick answer
If an unrelated person is occupying property you own before it is sold, Michigan law treats them as an unlawful occupant unless they have a valid lease or legal claim. You should not use force or self-help to remove them. Instead, confirm their status, give a written demand to vacate if appropriate, and then use Michigan’s civil summary proceedings (forcible entry and detainer) to regain possession. In most cases a squatter cannot obtain title quickly; adverse possession requires long, open, continuous possession (usually 15 years). See Michigan statutes on forcible entry and detainer and adverse possession for the legal framework.
Detailed answer — how removal works under Michigan law
Who is the occupant? The first and most important step is to determine whether the person is a squatter (no legal right), a tenant (written or verbal lease), or an occupant with some other claimed right. The process you follow depends on their status.
1) If they are a squatter (no lease, no permission)
- Do not use force or change locks yourself. Michigan law generally forbids self-help eviction methods that involve force or harassment.
- Give a written demand to vacate. This documents your attempt to resolve the problem without court action.
- File a forcible entry and detainer (summary possession) action in the district court where the property is located. Michigan’s statutory framework for forcible entry and detainer outlines the procedure for recovering possession. See the statutes that begin at MCL 600.5701 and related sections for the civil remedy: MCL 600.5701.
- If you win in court, the court typically enters a judgment for possession and can issue a writ of restitution (or order) directing the sheriff to remove the occupant and restore possession to you. See the summary-proceeding provisions, for example: MCL 600.5714 (judgment for possession) and related sections in the forcible entry and detainer chapter.
- The sheriff executes the writ and physically removes the occupant if they still refuse to leave.
2) If they claim to be a tenant
If the occupant claims a lease or paid rent, the matter is typically treated as a landlord-tenant dispute. You must follow the statutory eviction procedures for tenants (notice requirements, possible cure periods, and then filing for eviction through the district court). Do not treat a claimed tenant as a mere squatter without confirming the facts and following tenant-protection rules.
3) If they have a property-rights claim (adverse possession)
In Michigan, adverse possession is not a fast way to get title. A person seeking title through adverse possession generally must possess the land openly, notoriously, exclusively, and continuously for the statutory period (generally 15 years), and meet statutory elements. For adverse possession basics and related remedies (quiet title), see Michigan’s adverse possession statute: MCL 600.5801.
4) Criminal remedies and police involvement
If the occupant is trespassing or committing crimes (breaking and entering, vandalism, theft), call the police. Police will often treat a squatter who is simply occupying as a civil issue and may decline to remove them without a court order; however, criminal activity can change that. Document threats, damage, or illegal conduct and report it to law enforcement.
5) Practical timeline and costs
- Filing a forcible entry and detainer action usually leads to a court date within weeks to a few months, depending on local court schedules.
- If the court orders removal and issues a writ executed by the sheriff, the actual physical removal typically follows within days to weeks of judgment.
- Costs include court filing fees, possible service fees, attorney fees (if you hire counsel), and sheriff costs. If you are selling the property, the process can delay closing until possession is cleared.
6) Special considerations for homeowners selling property
- Title companies usually require clear possession before closing. A squatters’ presence can block closing until removed or until an indemnity or escrow arrangement is reached.
- If a buyer is willing to close despite the occupation, they typically require written disclosures and protections in the purchase contract. Consult your title insurer and real estate attorney before agreeing to sell with an occupant in place.
7) When to hire a lawyer
Hire an attorney if: (a) the occupant claims tenant rights or a lease, (b) the occupant threatens violence or damages, (c) you need a quicker court strategy, or (d) the post-sale title and closing are at risk. An attorney can file the proper summary proceeding, represent you in court, and coordinate sheriff enforcement and title issues.
Helpful hints — practical steps to prepare
- Document everything: photos of occupancy, dates, communications, damages, and any rent or payments received.
- Check county records to confirm ownership and any recorded leases or liens.
- Do not remove the occupant’s property yourself. Avoid confrontations and threats.
- Serve a clear written demand to vacate and keep proof of delivery (certified mail or process server).
- Contact your title company early if a sale is pending; they may advise steps to protect closing funds or require removal before transfer.
- Consult a local Michigan attorney experienced with forcible entry and detainer and real estate closings to reduce delays and liability.
- If you believe the occupant has committed criminal acts (breaking, theft, or threats), report those facts to the police and keep incident numbers and reports.
- Remember adverse possession takes many years. Short-term occupation rarely gives legal title to a squatter.