The Michigan thirty (30) day lease termination, in accordance with Section 554.134, can be used by the landlord or tenant to inform one another of their intention to terminate the monthly rental/lease agreement. Although no specific reason is needed by the landlord to terminate the agreement, they cannot terminate it in discrimination or retaliation of the tenant. The notice states that the tenant has thirty (30) days to vacate the rental unit. Failure of the tenant to move out within the thirty day period provides the landlord with the right to file an eviction complaint/summons in the district court of the
Michigan Eviction Process & Laws | Free MI Eviction Notices
The Michigan seven (7) day notice to quit may be used as a non-compliance warning offering the tenant the time period to comply or vacate the premises (according to § 600.5714). The form may also be used if illegal activity has been recognized on the property (in accordance with § 554.134(4)) and the tenant has twenty-four (24) hours to remove themselves along with all their possessions. This document may only be given if the landlord filed a police report stating the illegal actions on behalf of the tenant. Download Link: .PDF (link opens in new tab/window) How to Write Step 1 –
The Michigan seven (7) day notice to quit or pay, reference § 554.134(2), must be served to a tenant that has failed to pay rent. The notice informs the tenant that they have seven (7) days to either pay rent or move out of the rental property. If they do not vacate/pay by the end of the seventh day, the landlord can file an eviction complaint/summons in the local district court. Use the link below to download and then print the form out. Follow the guide below to learn how to draft the notice. How to Write Step 1 – Download
How to Evict a Tenant (Process)
The Michigan eviction process starts with the landlord serving the tenant with a “notice to quit.” There are three different types of notices that can be served, each being reserved for a certain type of lease violation or tenancy. Tenants that have not paid rent must be served with a seven (7) day notice to quit or pay. Month-to-month tenants are required to be served with a thirty (30) day lease termination notice. Tenants who have committed lease violations must be given a seven day notice to “cure” or quit. The tenant must be given the full notice period before the landlord can terminate the lease/rental agreement and file an eviction action in court. The notice is required to be written (it cannot be a verbal notice), and it must be served personally, or sent via first class mail to the tenant.
Step 1 – The first step of the Michigan eviction process is to serve the tenant with the proper notice. Deliver it personally (either giving it to a person “of reasonable age” at the property, or the actual tenant), or send it through first class mail.
Step 2 – Wait for the tenant to either pay rent or correct their violation(s). If the tenant fails to pay/vacate/cure, an eviction action can be filed in court – starting with a summons/complaint. The summons provides the tenant with a date/time to show up in court. The complaint details the specific reasons behind the eviction suit. The summons/complaint need to be served by first class mail and by delivering it personally. If possible, the service should be done in the presence of a witness, however at the very minimum the time/date/method of service must be noted. Proper service of the summons/complaint is essential to the eviction case.
Step 3 – The trial date is typically ten (10) days from date when the complaint was filed. Both parties are required to attend the trial. Failure of the tenant to show up to the trial will most likely result in a judgement being ruled in favor of the landlord, and vice versa. It’s important to bring evidence, witnesses, and relevant documentation (such as the lease agreement, payment history, etc.) to the trial.
Step 4 – If the ruling is in favor of the landlord, the tenant will have no more than ten (10) days to vacate the rental property. If they do not move out by the end of the tenth day, the landlord can request a “Writ of Eviction.” The writ will be issued by the court, and the Sheriff will execute it.
Note: If the eviction is due to non-payment of rent, the tenant can technically stop the writ from being executed if they pay all back rent and an other required fees.