A Michigan eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Michigan, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
Types of Michigan Eviction Notice Forms
Notice Form | Grounds | Curable? |
7 Day Notice to Quit | Unpaid Rent | Yes |
7 Day Notice to Comply or Vacate | Health Hazard / Extensive Damage to Premises | Maybe |
30 Day Notice to Comply or Vacate | Lease Violation | Maybe |
24 Hour Notice to Vacate | Illegal Drug Activity | No |
7 Day Notice to Vacate | Physical Injury | No |
30 Day Notice to Vacate | Monthly / Yearly Lease | No |
Michigan 7 Day Notice to Quit
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A Michigan 7 day Notice to Quit form is used for an eviction for nonpayment of rent. The tenant has the option to pay the balance due, otherwise the tenant must move out and deliver possession of the premises within seven (7) calendar days.
Michigan 7 Day Notice to Comply or Vacate
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A Michigan 7 day Notice to Comply or Vacate eviction form is used for a serious breach of the lease. Lease violations include committing extensive health/safety violations as well as causing extensive or continuing physical injury to the premises. At the discretion of the landlord, the tenant may have the ability to cure the violation, otherwise, the tenant must vacate the rental unit within seven (7) calendar days.
Michigan 30 Day Notice to Comply or Vacate
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A Michigan 30 day Notice to Comply or Vacate eviction form is used for a breach of the lease. Lease violations include refusing to allow the landlord access to the premises or unauthorized occupants residing at the premises. At the landlord’s discretion, the tenant may have the opportunity to correct the violation, otherwise the tenant must move out of the premises within thirty (30) calendar days.
If the 30 Day Notice to Comply or Vacate is served in person, the notice takes effect the same day. If the notice is mailed, it takes effect the next day.
Michigan 24 Hour Notice to Vacate
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A Michigan 24 Hour Notice to Vacate eviction form is used for an incurable breach of the lease for manufacturing, possessing or delivering controlled substances. The tenant cannot remain on the premises and must move out within twenty four (24) hours.
Michigan 7 Day Notice to Vacate
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A Michigan 7 day Notice to Vacate eviction form is used for an incurable breach of the lease, such as threatening or causing physical injury to an individual on the premises. The tenant does not have the option to cure and must move out of the rental unit within seven (7) calendar days.
Michigan 30 Day Notice to Vacate
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A Michigan 30 Day Notice to Vacate is an official lease termination letter designed to terminate a rental agreement, including a month-to-month or year-to-year lease. This notice may also be used for tenants that do not have a written lease or for tenants with an expired lease. The notice must be provided at least thirty (30) calendar days prior to the end of the following rental period or expiration of the lease term.
How to Write an Eviction Notice in Michigan
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Michigan
An eviction notice takes effect the day after it is served. There is one exception, the 30 Day Notice to Comply or Vacate, which takes effect the same day if it is served in person. Regardless of the notice period length, all days during the period are counted. If the last day falls on a weekend or legal holiday, the notice will not officially expire until the end of the next judicial day (not counting weekends or legal holidays).
How to Serve an Eviction Notice in Michigan
A landlord can deliver notices in Michigan using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age and discretion;
- Mailing the notice by first class mail;
- Sending the notice by electronic service (if agreed to by the parties in writing for such electronic service).
When sending the notice by first class mail, the notice takes effect on the next day mail is delivered. If the following day is a legal holiday or a day when the mail is not delivered, then the notice will not take effect until the next day mail is delivered.
If the notice is sent electronically, it is considered delivered if the receiving party responds to the electronic message.
Sources
- 1 NOLO Legal Encyclopedia - Evictions in Michigan
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The 30-day period the landlord gives the tenant to move out begins on the date of personal delivery to the tenant or the day after the demand for possession or notice to quit is mailed.
Source Link - 2 Michigan Court Rules of Civil Procedure - Rule 1.108
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RULE 1.108 COMPUTATION OF TIME In computing a period of time prescribed or allowed by these rules, by court order, or by statute, the following rules apply: (1) The day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period is included, unless it is a Saturday, Sunday, legal holiday, or day on which the court is closed pursuant to court order; in that event the period runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is closed pursuant to court order.
Source Link - 3 MI 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