Michigan 30 Day Notice to Comply or Vacate

A Michigan 30 Day Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for a violation of the lease. At the landlord’s discretion, the tenant may be able to correct the lease violation. If the violation is not corrected,the tenant must move out within thirty (30) calendar days of receiving notice.

When To Use a Michigan 30 Day Notice To Comply or Vacate

A Michigan 30 Day Notice To Comply or Vacate begins the eviction process for the following tenant violations:

Failure to comply with health and safety rules
Occupancy violation
Other violations of the lease

If the lease violation is one which can be fixed through corrective action, the landlord may give the tenant an opportunity to comply with the lease terms and correct the issue. If the landlord refuses this option, or the tenant otherwise fails to correct the issue, the tenant must vacate the premises by the date of termination.

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 30 Day Notice To Comply or Vacate

To help ensure the legal compliance of a Notice To Comply or 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, and the corrective action(s) required to avoid termination
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 30 Day Notice To Comply or Vacate

Michigan landlords may deliver a Notice To Comply or 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.

note

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Sources

1 MI Comp L § 554.134: Except as provided otherwise in this section, an estate at will or by sufferance may be terminated by either party by giving 1 month’s notice to the other party. If the rent reserved in a lease is payable at periods of less than 3 months, the time of notice is sufficient if it is equal to the interval between the times of payment. Notice is not void because it states a day for the termination of the tenancy that does not correspond to the conclusion or commencement of a rental period. The notice terminates the tenancy at the end of a period equal in length to the interval between times of payment.
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2 Mich. Comp. L. § 600.5718: 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.
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