A Michigan eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Michigan landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Michigan Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 7 Day Notice To Quit | Unpaid Rent | Yes |
| 7 Day Notice To Comply or Vacate | Health Hazard /
Extensive Damage to Premises |
Maybe |
| 30 Day Notice To Comply or Vacate | Lease Violation | Maybe |
| 24 Hour Notice To Vacate | Illegal Drug Activity | No |
| 7 Day Notice To Vacate | Threatening / Causing
Physical Injury to Others |
No |
| 30 Day Notice To Vacate | Monthly / Yearly Lease | No |
Michigan 7 Day Notice To Quit
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A Michigan 7 Day Notice To Quit evicts a tenant for nonpayment of rent. In Michigan, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within seven (7) calendar days of receiving notice.
Michigan 7 Day Notice To Comply or Vacate
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A Michigan 7 Day Notice To Comply or Vacate evicts a tenant for causing an extensive health or safety hazards, or causing extensive (or continuing) physical injury to the premises. as well as causing extensive or continuing physical injury to the premises.
The landlord gets to decide whether the tenant may take corrective action. If the landlord decides against this option, or the tenant does not take appropriate corrective action, the tenant must move out within seven (7) calendar days of receiving notice.
Michigan 30 Day Notice To Comply or Vacate
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A Michigan 30 Day Notice To Comply or Vacate evicts a tenant on the basis of a lease violation. This might include property damage, failure to maintain health and safety on the rental property, or interfering with the quiet enjoyment of neighbors, among other things.
The landlord gets to decide whether the tenant may take corrective action. If the landlord decides against this option, or the tenant does not take appropriate corrective action, the tenant must move out within thirty (30) calendar days of receiving notice.
Michigan 24 Hour Notice To Vacate
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A Michigan 24 Hour Notice To Vacate evicts a tenant for manufacturing, possessing or delivering controlled substances with the intent to deliver or possess controlled substances. This must be established by a relevant police report. The tenant is not allowed an opportunity for corrective action, and must move out within twenty four (24) calendar hours of receiving notice.
Michigan 7 Day Notice To Vacate
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A Michigan 7 Day Notice To Vacate evicts a tenant who is threatening or causing physical injury to an individual on the premises. The tenant is not allowed an opportunity for corrective action, and must move out within seven (7) calendar days of receiving notice.
Michigan 30 Day Notice To Vacate
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A Michigan 30 Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease as well as an expired lease or a situation without a written lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
How To Write an Eviction Notice in Michigan
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Calculate Expiration Date in Michigan
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st. There is one exception in Michigan: A 30 Day Notice to Comply or Vacate takes effect the day of service, if served in person.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
How To Serve an Eviction Notice 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.
Sources
- 1 NOLO Legal Encyclopedia - Evictions in Michigan
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The 30-day period the landlord gives the tenant to move out begins on the date of personal delivery to the tenant or the day after the demand for possession or notice to quit is mailed.
Source Link - 2 Michigan Court Rules of Civil Procedure - Rule 1.108
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RULE 1.108 COMPUTATION OF TIME In computing a period of time prescribed or allowed by these rules, by court order, or by statute, the following rules apply: (1) The day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period is included, unless it is a Saturday, Sunday, legal holiday, or day on which the court is closed pursuant to court order; in that event the period runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is closed pursuant to court order.
Source Link - 3 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
