A Michigan 24 Hour Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for manufacturing, delivering or possessing controlled substances. The tenant must move out within twenty four (24) hours of receiving notice.
When To Use a Michigan 24 Hour Notice To Vacate
A Michigan 24 Hour Notice To Vacate begins the eviction process when the tenant has manufactured, delivered, or possessed (with or without intent to deliver) controlled substances on the premises.
Some types of Michigan lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Michigan 24 Hour Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating 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 Serve a Michigan 24 Hour Notice To Vacate
Michigan landlords may deliver a Notice To Vacate 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 MI Comp L § 600.5714
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When a person holds over premises for 24 hours following service of a written demand for possession for termination of the lease pursuant to a clause in the lease providing for termination because a tenant, a member of the tenant’s household, or other person under the tenant’s control has unlawfully manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises. This subdivision applies only if a formal police report has been filed alleging that the person has unlawfully manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises. For purposes of this subdivision, “controlled substance” means a substance or a counterfeit substance classified in schedule 1, 2, or 3 pursuant to sections 7211 to 7216 of the public health code, 1978 PA 368, MCL 333.7211 to 333.7216.
Source Link - 2 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
