If a landlord in Michigan wishes to terminate a lease agreement with a tenant for non-compliance or non-payment of rent, they may use a well-written Michigan Eviction Notice. This document informs a tenant that they have violated their rental agreement and must either remedy the situation or move out. Besides non-compliance, it can also be used to evict a tenant engaged in illegal drug abuse.
A landlord may file a complaint in the local district court in the county where the property is located if a tenant fails to comply with the terms laid out in the eviction notice.
How to Evict a Tenant in Michigan
Step 1: Send Proper Notice
Before the eviction process moves to court, the landlord must send the tenant one of the following eviction notices:
- 24-Hour Notice to Quit for Illegal Drug Use
- 7-Day Notice to Quit for Non-Payment
- 7-Day Notice to Quit for Non-Compliance
- 30-Day Month-to-Month Lease Termination Notice
Step 2: Seek Redress in Court
If the tenant fails to cure the violation or vacate the premises, the landlord may seek redress in the district court in the area where the property is located. They must file a complaint and summons, usually at a fee, and provide the court with copies of the eviction notice.
Step 3: Serve the Tenant
Once the landlord files a complaint, the court will serve the tenant with a summons requesting that they appear in court within ten (10) days. The tenant, in response, may file an Answer Form.
Step 4: Obtain a Writ of Eviction
If the tenant neglects to appear in court or the judge rules in favor of the landlord, the tenant will be allowed 10 days to move out of the premises. If they don’t and this time elapses, the landlord may apply for a Writ of Eviction from the court, which empowers the sheriff to physically remove the tenant.
Related Michigan Court Forms
- Complaint (DC 102c) – Filed by a landlord at the district court to initiate the eviction process.
- Summons (DC 104) – Served upon a tenant to inform them that a complaint has been filed against them.
- Answer for Non-Payment of Rent (DC 111a) – Filed by a tenant to answer a landlord’s allegations of non-payment of rent.
- Answer for Health Hazard to Property (DC 111b) – Filed by a tenant to answer a landlord’s charges of property damage or causing a health hazard.
- Answer to Complaint to Recover Possession of Property (DC 111c) – Filed by a tenant to answer charges from a landlord other than property damage and non-payment of rent.
- Application and Order of Eviction (DC 107) – Used by a landlord to apply for authorization for the sheriff to remove an evicted tenant from the property.
When Is Rent Due in Michigan?
Rent in Michigan is considered due on the date indicated in the original rental agreement. Once a landlord sends a notice to pay or vacate, the tenant may cure the matter by paying the late rent.
How to Write a Michigan Notice to Quit
Before you sit down to draft your eviction notice, you must first locate the original lease agreement. The information in your notice should not deviate from the original document. You can then proceed through the following steps:
Step 1: Enter the tenant’s name as provided in the lease
Step 2: Supply the property details, including the city name, county name, zip code, street number, and apartment name or number.
Step 3: Indicate the lease signature date.
Step 4: Indicate your reason for writing and provide additional information as follows:
- Non-Payment of Rent – Indicate the due amount, rental period, minimum amount the tenant must pay to remain on the property, and the authorized agent who may accept the payment.
- Non-Compliance – Describe the violation and give the tenant 7 days to cure it or move out.
- Illegal activity – Describe the illegal drug use and give the tenant 24 hours to vacate the premises.
- Lease Termination – Provide an effective date that is at least 30 days after the next payment date.
Step 5: State your intention to initiate an eviction lawsuit against the tenant if they don’t move out. Close with your full name and signature.
Step 6: Sign the evidence of delivery. This part should only be completed by the person who delivers the notice to the tenant and should indicate the when, where, how, and to whom.
7-Day Notice to Quit (Non-Payment)
{Date}
{Tenant’s Name}
{Property Address}
Dear {Tenant’s Name},
You owe rent for the {date} to {date} rental period for the premises located at {property address} and known as {apartment name/number}. Your current total stands at {total due amount}.
You must either pay the money owed or vacate the premises within 7 days from the service date of this notice. If you do not comply, I will file a case in court to evict you.
Please note that you will still owe rent if you move out of the premises.
Sincerely,
{Your Name}
{Your Signature}
7-Day Notice to Quit (Non-Compliance)
{Date}
{Tenant’s Name}
{Property Address}
Dear {Tenant’s Name},
You have violated the terms of the rental agreement signed on {date} for the premises located at {property address} by {describe violation}.
Pursuant to MCL 600.5714(1)(a), you have 7 days after the service date of this notice to remedy the matter or vacate the premises. {Or 24 hours to move out – for illegal activity}.
If you do not comply by {date}, I will initiate an eviction lawsuit against you.
Sincerely,
{Your Name}
{Your Signature}
30-Day Notice to Quit (Month to Month)
{Date}
{Tenant/Landlord Name}
{Property Address}
Dear {Tenant/Landlord Name},
In accordance with Section 554.134, I, {your name}, as the {tenant at/landlord of} the premises located at {property address} have elected to terminate the lease agreement dated {signature date}.
This termination will take effect on {30 days after the next payment date}. The deposit will be sent to {mailing address} upon vacating the premises.
Sincerely,
{Your Name}
{Your Signature}
Michigan 7-Day Notice to Quit (Non-Payment)
Michigan 7-Day Notice to Quit (Non-Compliance)
Michigan 30-Day Notice to Quit (Month to Month)
Key Takeaways
A proper Michigan Eviction Notice is crucial to the legal eviction notice. If you wish to evict a tenant from your property, you must first send it and give the tenant a reasonable grace period to either cure their violation or vacate your premises. The notice itself must identify the tenant and summarize the key details of the lease agreement. It should also fully describe the violation and course of action.
