Michigan 30 Day Notice To Vacate

A Michigan 30 Day Notice To Vacate is a letter that complies with state legal requirements to terminate a rental agreement, including a month-to-month or year-to-year lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.

When To Use a Michigan 30 Day Notice To Vacate

A Michigan 30 Day Notice To Vacate terminates the following types of tenancy:

A rental agreement, including a month-to-month or year-to-year lease
An expired lease
A rental with no written lease

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 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
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 Vacate

Michigan law is not specific on requirements for delivery of a written Notice To Vacate, so in most cases landlords and tenants may use any method which results in the actual notification of the other party. Mailed notice is preferred in most cases. The following methods, taken from Michigan’s eviction process, represent the legal gold standard:

Hand delivery to the other party
Hand delivery to a family member (tenant) or employee (landlord) of suitable age and discretion who can accept the notice on behalf of the other party
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 receiving party 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.
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2 Mich. Comp. L. § 600.5718: Michigan law prefers mailed notice in most contexts; see, e.g., Mich. Comp. L. § 554.1053(1) (“first-class postage… [or] if the recipient agreed… facsimile transmission, email, or other electronic transmission”); see also Mich. Comp. L. § 554.635(3) (“notices under this section may be given personally or sent by first class or certified mail”). The eviction context is closest to a standard lease termination, and provides a broad spectrum of options for delivery of a notice:

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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.
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