Michigan 7 Day Notice to Comply or Vacate

A Michigan 7 Day Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for causing extensive health and safety hazards or continuing physical injury to the premises. The landlord may decide whether to give the tenant an opportunity to correct the issue. Either way, if not corrected, the tenant must move out within seven (7) calendar days of receiving notice.

When To Use a Michigan 7 Day Notice To Comply or Vacate

A Michigan 7 Day Notice To Comply or Vacate begin the eviction process for the following tenant violations:

Causing extensive health or safety hazards
Causing extensive and continuing physical injury to the premises

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 7 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 7 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 § 600.5714: When the person in possession willfully or negligently causes a serious and continuing health hazard to exist on the premises, or causes extensive and continuing physical injury to the premises, which was discovered or should reasonably have been discovered by the party seeking possession not earlier than 90 days before the institution of proceedings under this chapter and when the person in possession neglects or refuses for 7 days after service of a demand for possession of the premises to deliver up possession of the premises or to substantially restore or repair the premises.
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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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