In Michigan, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Michigan?
In Michigan, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Michigan?
In Michigan, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 7 Day Notice to Quit, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve the notice the day after rent is due. There is no legal grace period for paying rent in Michigan, rent is late starting the day after it’s due.
Acceptable Forms of Service in Michigan
Michigan landlords may deliver an eviction notice using any of these methods:
- Hand delivery to the tenant
- Hand delivery to a family member of suitable age and discretion who can accept the notice on behalf of the tenant
- Delivery by first class mail
- Delivery by electronic means (e.g. email), if both parties have agreed in writing to use that particular form of electronic service
Mailed notice does not begin counting toward a notice period until the next day after mailing that mail is delivered. Electronic notice is begins counting toward a notice period when the tenant responds to the message.
Obtaining Proof of Service in Michigan
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- First Class Mail – via a post office receipt and by completing a Declaration of Service at the time of mailing
- Electronic Service – keeping a copy of the electronic transmission and the tenant’s reply; also completing a Declaration of Service
Michigan Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 7 Day Notice To Quit | Eviction for Unpaid Rent |
| 24 Hour Notice To Vacate | Eviction for Illegal Drug Activity |
| 7 Day Notice To Vacate | Eviction for Physical Injury |
| 7 Day Notice To Comply or Vacate | Eviction for Health Hazard /
Extensive Damage to Premises |
| 30 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 7 Day Notice To Terminate Tenancy | Ending a Weekly Lease |
| 30 Day Notice To Vacate | Ending a Monthly / Yearly Lease |
Sources
- 1 Mich. Comp. L. § 600.5718
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The demand provided for in section 5716 may be served by any of the following means:(a) Personal delivery to the person in possession.(b) Personal delivery on the premises to a member of the family or household or an employee of the person in possession, who is of suitable age and discretion, with a request that it be delivered to the person in possession.(c) First-class mail addressed to the person in possession. If the demand is mailed, the date of service for purposes of this chapter is the next regular day for delivery of mail after the day when it was mailed.(d) Subject to subsection (2), by electronic service, if the person in possession has in writing specifically consented to electronic service of the demand and if the consent or confirmation of the consent has been sent by 1 party and affirmatively replied to, by electronic transmission, by the other party.Source Link
