Michigan Eviction Notice

Types of Michigan Eviction Notice Forms

In Michigan, various types of eviction notices are used based on the grounds for eviction. Each type specifies a different notice period:

1. 7-Day Notice to Quit (Non-Payment of Rent): Issued when a tenant fails to pay rent. The tenant must pay all past due rent or vacate within seven days.

2. 7-Day Notice to Comply or Vacate: Used for lease violations that pose health or safety hazards. The tenant must correct the issue or vacate within seven days.

3. 30-Day Notice to Comply or Vacate: Issued for lease violations such as property damage or interference with neighbors. The tenant must vacate within thirty days unless corrective action is taken.

4. 24-Hour Notice to Vacate: Issued for illegal drug activity. The tenant must vacate within twenty-four hours with no opportunity for corrective action.

5. 7-Day Notice to Vacate: Issued when a tenant threatens or causes physical injury to others. The tenant must vacate within seven days.

6. 30-Day Notice to Vacate: Used to terminate a month-to-month or year-to-year lease. The tenant must receive notice at least thirty days before termination.

How to Write an Eviction Notice in Michigan

To ensure legal compliance, an eviction notice should include the following elements:

1. Tenant’s full name and address.
2. Specific lease violation and any balance due.
3. Date of termination.
4. Landlord’s printed name, signature, and address.
5. Date and method of notice delivery, including printed name and signature.

How to Calculate Expiration Date in Michigan

The notice period begins the day after delivery. For example, to provide at least thirty days of notice for a court action starting on June 30, the notice must be delivered by May 31. If the last day of the notice period falls on a weekend or holiday, it extends to the next judicial day.

How to Serve an Eviction Notice in Michigan

Landlords may deliver eviction notices using the following methods:

1. Hand delivery to the tenant.
2. Hand delivery to a family member of suitable age and discretion.
3. Delivery by first-class mail.
4. Delivery by electronic means (e.g., email), if both parties have agreed in writing.

Mailed notices count toward the notice period the day after delivery, while electronic notices begin when the tenant responds.

Michigan Eviction Laws

Notice Requirements

• Nonpayment of Rent: 7 days (§ 554.134(2)).
• Non-Compliance: 7 days (§ 554.134(1)).
• Illegal Activity: 24 hours (§ 554.134(4)).
• Termination of Month-to-Month Lease: 30 days (§ 554.134(1)).

Eviction Process

1. Serve Eviction Notice: Provide the tenant with the appropriate notice.
2. File Summons and Complaint: If the tenant does not comply, file a complaint with the local District Court.
3. Court Hearing: Both parties present their cases. The judge decides on the eviction.
4. Writ of Eviction: If the judge rules in favor of the landlord and the tenant does not vacate, the landlord can file for a Writ of Eviction.

Important Considerations

Landlords must never forcibly evict tenants without following the legal process. The eviction process can be complicated; consulting with a lawyer is recommended for landlords to navigate the legal requirements effectively.

Statutes

• Mich. Comp. Laws § 125.530 – Certificate withheld; premises not to be occupied; conditions of issuance; suspension of rent payments, escrow; account for rent and possession
• Mich. Comp. Laws § 554.633 – Rental agreement; prohibited provisions or clauses; violation
• Mich. Comp. Laws § 554.201 – Untenantable building; surrender, liability of lessee for rent
• Mich. Comp. Laws § 554.134(1) – Termination of estate at will or by sufferance or tenancy from year to year
• Mich. Comp. Laws § 554.134(2) – Termination of estate at will or by sufferance or tenancy from year to year
• Mich. Comp. Laws § 554.134(3) – Termination of estate at will or by sufferance or tenancy from year to year
• Mich. Comp. Laws § 554.134(4) – Termination of estate at will or by sufferance or tenancy from year to year
• Mich. Comp. Laws § 554.139 – Lease or license of residential premises; covenants; modifications; liberal construction, inspection
• Mich. Comp. Laws § 554.601b – Tenant under apprehension of danger from domestic violence, sexual assault, or stalking; release from rental payment obligation; written notice; content; documentation; forwarding information; liability of multiple tenants; applicability; remedies against other parties; definitions
• Mich. Comp. Laws § 554.602 – Security deposit; amount
• Mich. Comp. Laws § 554.603 – Security deposit; notice
• Mich. Comp. Laws § 554.604 – Security deposit, disposition; bond
• Mich. Comp. Laws § 554.607 – Security deposit; permissible uses
• Mich. Comp. Laws § 554.608 – Inventory checklists
• Mich. Comp. Laws § 554.608(4) – Inventory checklists
• Mich. Comp. Laws § 554.609 – Itemized list of damages; check or money order; contents of notice of damages
• Mich. Comp. Laws § 554.610 – Effect of noncompliance with notice of damages requirement
• Mich. Comp. Laws § 554.611 – Notice of forwarding address; effect of noncompliance
• Mich. Comp. Laws § 554.612 – Response to notice of damages
• Mich. Comp. Laws § 554.613 – Action for damages; retention of security deposit; waiver
• Mich. Comp. Laws § 554.634(1) – Rental agreement; mandatory statements
• Mich. Comp. Laws § 600.2918(2)(c & d) – Damages for forcible entry and detainer; damages for unlawful interference with possessory interest; exceptions; opening of probate estate; forcible entry or possession by occupant; action for possession; claim for injunctive relief; joinder; waiver; commencement of action; limitations; “owner” defined
• Mich. Comp. Laws § 600.2918(2)(f) – Damages for forcible entry and detainer; damages for unlawful interference with possessory interest; exceptions; opening of probate estate; forcible entry or possession by occupant; action for possession; claim for injunctive relief; joinder; waiver; commencement of action; limitations; “owner” defined
• Mich. Comp. Laws § 600.2918(3)(b) – Damages for forcible entry and detainer; damages for unlawful interference with possessory interest; exceptions; opening of probate estate; forcible entry or possession by occupant; action for possession; claim for injunctive relief; joinder; waiver; commencement of action; limitations; “owner” defined
• Mich. Comp. Laws § 600.2918(3)(c) – Damages for forcible entry and detainer; damages for unlawful interference with possessory interest; exceptions; opening of probate estate; forcible entry or possession by occupant; action for possession; claim for injunctive relief; joinder; waiver; commencement of action; limitations; “owner” defined
• Mich. Comp. Laws § 600.2952 – Failure of maker to pay amount of dishonored check, draft, or order; liability; written demand for payment; delivery and text; effect of payment before trial; jurisdiction of action
• Mich. Comp. Laws § 600.5714 – Summary proceedings to recover possession of premises; holding over by tenant or occupant of public housing or by tenant of mobile home park
• Mich. Comp. Laws § 600.5720 – Judgment for possession of premises for alleged termination of tenancy; grounds for not entering; retaliatory termination of tenancy; presumptions; burden
• Mich. Comp. Laws § 600.5759 – Costs
• Mich. Comp. Laws § 600.8401 – Small claims division; creation; judge; jurisdiction
• Mich. Comp. Laws § 600.5807(8) – Damages for breach of contract; specific performance; period of limitations; bond; deed; mortgage; surety bond; appeal bond; public obligations; other actions
• Mich. Comp. Laws § 450.835 – Electronic Notices
• Mich. Comp. Laws § 125.471 – Compliance