The Michigan notice to comply or quit is a letter used by a landlord to inform a tenant of their lease violations. Specified in the notice will be a description of the violations and the date by which they must be corrected. Upon receiving the letter, the tenant will have until the end of the notice period to either fix their non-compliances or vacate. If the notice period expires and the violations remain, or the tenant has not vacated the premises, the landlord has the option of filing a complaint with the district court to evict the tenant. No current Michigan statutes govern general lease violations; the
Michigan Eviction Process & Laws | Free MI Eviction Notices
The Michigan eviction notices are documents used by landlords when terminating a lease or rental agreement. Each notice outlines the reason the contract is being discontinued, whether the situation can be remedied, and the date by which the tenant must either vacate or correct their transgressions. The landlord must serve the tenant with the notice and wait for the duration of the notice period to expire (duration determined by eviction circumstance). Only after the tenant fails to comply with the notice terms may the landlord seek legal restitution by filing an eviction lawsuit (also referred to as a “Forcible Entry and Detainer”) with the court.
Non-Payment of Rent – 7 days (§ 554.134(2))
Non-Compliance – Dependant on lease agreement
Lease Termination (Month-to-Month Tenancy) – 1 month or 1 rental period if payments are made at intervals of less than 3 months (§ 554.134(1))
Illegal Drug Activity – 24 hours (§ 554.134(4))
Health Hazard, Property Damage, and Physical Injury – 7 days (§ 600.5714(1)(d))
The Michigan twenty-four (24) hour notice to quit can be used by a landlord to evict a tenant for illegal drug activity conducted on the premises of the rented property. The landlord must serve the document to the tenant to provide them with all pertinent eviction information. After receiving the notice, the tenant will have twenty-four (24) hours to vacate the dwelling. If the tenant does not move-out within twenty-four (24) hours, the landlord can seek legal recourse by filing a Complaint to Recover Possession of Property (a.k.a. “eviction complaint”) with the court. Note: The notice may only be implemented if the rental contract contains
The Michigan thirty (30) day notice to quit can be put into effect by a landlord when terminating a month-to-month tenancy or similar rental agreement with no predetermined end date. Although no specific reason is needed to terminate the tenancy, the landlord must provide the tenant with a notice period equal to the interval between rent payments. If payments are made at periods of more than three (3) months, the tenant shall receive a notice period of one (1) month. The landlord must serve the notice to the tenant and wait until the notice period expires before requiring the tenant to vacate. Failure
The Michigan seven (7) day notice to comply or quit may be used to terminate the tenancy of a lessee who wilfully or negligently damages the leased property or creates a serious and ongoing health hazard. Starting from the date after the letter is received, the tenant will have seven (7) days to either repair the damages/eliminate the health hazard or vacate the dwelling. If they do not correct their non-compliances or move out within seven (7) days, the landlord can take the issue to court by filing an eviction complaint. Note: Notice must be served to the tenant not longer
The Michigan seven (7) day notice to pay or quit informs a tenant that they have failed to pay rent by the designated due date. The landlord is permitted to serve this letter to the tenant as soon as rent is late unless the lease states otherwise. After the notice is delivered, the tenant will have seven (7) days to either pay the total amount due or vacate the leased property. If the notice period expires and the tenant has neither paid rent or vacated, the landlord can file an eviction lawsuit against the tenant in court to reclaim possession of the property. Laws – § 554.134(2)
How to Evict a Tenant (Process)
A landlord can seek to evict a tenant when there are reasonable grounds to do so (e.g., late rent, illegal activity, failure to vacate after the lease expires). The landlord will need to give the tenant a notice period in which they must either vacate or cure their tenancy unless the situation cannot be remedied. In cases where the tenant does not adhere to the notice requirements, the landlord can bring the action to court by filing a complaint. If the court grants the eviction request, the tenant will be required to forfeit possession of the dwelling and vacate.
Step 1 – Choose the Proper Eviction Notice
Before the landlord can file an eviction lawsuit with the court, they will need to draft a written notice for the tenant summarizing the eviction details. The notice will inform the tenant of the reason they are being evicted and the period in which they have to comply. There are several notices available for download below; the landlord must fill out the form that corresponds with their eviction circumstance:
30-Day Notice to Quit – Used to terminate an at-will rental agreement (tenancy without a fixed ending date, usually month-to-month).
7-Day Notice to Pay Quit – Used to evict a tenant for failing to pay rent.
7-Day Notice to Quit – Used to evict a tenant for willfully or negligently causing any the following: health hazards, property damage, physical injury to an individual or threat thereof.
24-Hour Notice to Quit – Used to evict a tenant for unlawful drug activity conducted on the premises.
Notice to Comply or Quit – Used to evict a tenant for violating the lease.
Step 2 – Deliver the Notice
The completed eviction notice can be delivered to the tenant in person, by first class mail, or by leaving it with another resident of the dwelling who is above the age of eighteen (18) and who can be held responsible for providing the notice to the tenant.
Step 3 – File a Complaint
After the eviction notice is delivered to the tenant, they will have until the end of the final notice date to comply with the landlord’s terms. If the notice period expires and the tenant does not vacate or otherwise satisfy the terms, the landlord will need to file a Complaint to Recover Possession of Property and a Summons with the district court.
The landlord must print four (4) copies of the Complaint and Summons. If more than one (1) tenant is being evicted, there should be extra copies for each additional tenant. These items, along with a copy of the lease (if applicable) and eviction notice, must be filed with the court. The landlord can submit in person at a local courthouse, by mail, or online. There will be an initial $45 filing fee plus additional costs if the landlord seeks to recover money damages from the tenant.
Step 4 – Serve the Summons and Complaint
After the filings have been submitted, a clerk of the court will schedule a trial for the case. The clerk will mail copies of the eviction filings to the tenant and return the remaining documents to the landlord (a fee may be required). It will be the landlord’s responsibility to arrange to have these documents served to the tenant. A court-chosen or private process server must be hired for this purpose. The landlord must provide the process server with copies of the eviction filings as required and pay a service cost.
Note: Service must take place no less than three (3) days before the trial, not counting the date of service. The final day of this notice period cannot be a holiday, Saturday, or Sunday.
Step 5 – File Proof of Service
The court-chosen process server will file a proof of service document with the court. If the landlord hired a private process server, they should contact the server before the trail to collect the proof of service and file it themselves.
Step 6 – Plan for the Hearing
Before attending the trial, the landlord should gather copies of all supporting paperwork (e.g., lease, eviction notice, photographs, receipts) and consult with their witnesses (if any). Some courts may require the landlord to prepare a Judgement form and fill it out in the courtroom.
Step 7 – Attend Trial
The landlord should arrive early at the courthouse to be directed towards the proper courtroom. When the landlord’s case number is called, they must appear before the judge and present their evidence. The judge will assess the cases presented by both parties and issue a judgment. If the ruling is in favor of the landlord, the judge will require the tenant to vacate the premises within a prescribed number of days.
Step 8 – Remove Tenant (If Necessary)
If the tenant does not vacate within the designated timeframe, the landlord must file an Order of Eviction with the court. This document authorizes law enforcement to remove the tenant from the premises forcibly. A copy of the Order of Eviction must be served to the tenant before it is enforced.