A Michigan 7 Day Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for causing or threatening physical injury to an individual on the premises. The tenant must move out within seven (7) calendar days of receiving notice.
When To Use a Michigan 7 Day Notice To Vacate
A Michigan 7 Day Notice To Vacate begins the eviction process when a tenant causes or threatens physical injury to an individual on the premises. The tenant is not allowed an opportunity for corrective action.
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 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 7 Day 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 7 days following service of a written notice to quit for termination of the lease after the tenant, a member of the tenant’s household, or a person under the tenant’s control, on real property owned or operated by the tenant’s landlord, has caused or threatened physical injury to an individual. This subdivision applies only if the police department with jurisdiction has been notified that the person, on real property owned or operated by the tenant’s landlord, caused or threatened physical injury to an individual. This subdivision does not apply in either of the following cases:
(i) The individual who was physically injured or threatened is the tenant or a member of the tenant’s household.
(ii) Application would result in a violation of federal housing regulations.
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