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Updated June 28, 2022

A Michigan eviction notice is a memo used to inform a tenant of a lease violation that can be cured (in most cases). The most common reasons are late rent or any other act that violates the terms of the lease. The tenant will have the specified time period mentioned in the notice to quit to remedy the violation.

By Type (4)


24-Hour Notice to Quit ( Illegal Drug-Related Issue ) – If an illegal and drug-related activity is committed on the property, the landlord may terminate within one (1) day’s notice.

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7-Day Notice to Quit ( Non-Payment ) – The landlord may serve notice on the tenant if he or she fails to pay the rent when it is due under the terms of the lease.

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7-/30-Day Notice to Quit ( Non-Compliance ) – The landlord may ask a tenant to leave the premises if he or she is violating the lease by providing seven days notice of his or her intention to seek eviction.

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30-Day Notice to Quit ( Month-to-Month Tenancy ) – This type of notice is used when the landlord seeks to end a month-to-month tenancy.

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Table of Contents

Eviction Laws

Court Forms

Complaint (DC 102c) – This document begins the eviction process and is filed at the district court by the landlord.

Summons (DC 104) – When a complaint has been filed against a tenant, that tenant must be served this summons.

Application and Order of Eviction (DC 107) – If a tenant has not moved out within 10 days of a judgment against them, the landlord must use this form to apply for their eviction and ask the sheriff’s department to physically remove them.

Answer for Non-Payment of Rent (DC 111a) – A tenant who has received a summons for eviction due to non-payment of rent must file this form with the court if they wish to appear at the hearing.

Answer for Health/Hazard to Property (DC 111b) – Tenants that have been given notice for severe damage to the property or presenting a health hazard must file this form if they wish to answer the charges.

Answer to Complaint to Recover Possession of Property (DC 111c) – If the eviction is due to any other breach of the lease, the tenant will need to use this form if they wish to contest the eviction action in court.

When is Rent Due

Rent is due as set forth in the lease. Landlord may provide a notice to quit at any time after rent is late. A tenant may “cure” the breach by paying all the rent that is due before the end of the notice period.

How to Evict (Process)

Step 1 –  The first step before eviction proceedings can begin in court is to provide one of the following notices to the tenant. You may seek eviction if tenant fails to pay the rent, breaches the contract, is engaging in illegal drug activity or because the tenant holds over on a lease after being asked to move out.

Step 2 –  After tenant has received the requisite notice and doesn’t respond appropriately to the notice, by either curing or moving out, landlord may seek redress in court. The first step is to go to the District Court representing the area in which the property in question is located. You will then file a  Summon (DC 104)  and  Complaint (DC 102c)  with the court, pay the fee (the amount depends on the court) and provide a copy of the notice you sent and the lease, if there is one.

Step 3 –  The court will issue a summons to the tenant asking them to appear in court within ten (10) days. The tenant may file one (1) of the following Answer Forms:

Step 4 –  If the tenant does not show up and/or there is a judgment in favor of the landlord, the tenant will have ten days to vacate the premises. If tenant does not vacate within that time period, landlord will then have to apply to the court for a Writ of Eviction (DC 107) , whereby the landlord indicates that there has been a judgment in his or her favor, but tenant has not complied and so landlord is now seeking authorization for the sheriff to physically remove tenant from the premises.

Video

How To File (Notice To Quit)

1 – Acquire the Necessary Documents

Decide upon the file type you wish to use (PDF, ODT, or Word), then download the Michigan Notice To Quit form directly by selecting the appropriately labeled buttons below the image. Generally, one should also have the Lease concerning the Agreement being addressed handily for review as some information will need to appear identical in both documents.

2 – Establish Recipient Name

This Notice must address someone. That is, the issuer seeks to inform the recipient of actions that must be taken. Report the Name of the Recipient on the line after “To.”


3 – Describe the Property

The Property the Notice is concerned with must be established in this document. The City, County, Zip Code, Building/Street, and Apartment of this Property should be reported precisely as it appears on the Lease across the available spaces in the first sentence.


4 – Confirm the Lease

The Lease at the center of this Notice must be confirmed by reporting the Signature Date on the agreement in this Notice on the second sentence utilizing the blank spaces provided.


5 – Alert Recipient to Required Action

The next section contains several check boxes of which you must choose one. Read each one carefully before choosing to make sure your choice applies to the situation. You should be prepared to fill out additional information regardless of which statement you choose.

Choose the first statement if you are a Landlord that must issue a Seven Day Notice to pay an Overdue Rent Amount or relinquish possession of the Rental Property. Be prepared to Name an alternate Agent who is approved to accept the Tenant’s rent payments, the Amount Owed, and the Mandatory Rental Period that must be paid for.

Choose the second statement if you are a Landlord who must issue a Seven Day Notice (to a Tenant) stating that his or her Violation of the Lease Terms must be corrected or the Tenant will be expected to give up the Rented Property to the Landlord. Be prepared to describe the Lease Term Violation the Recipient of this Notice must correct on the blank space.

Choose the third statement if you are a Landlord issuing Twenty-Four Hour Notice, that as a result of Illegal Drug Related Use, the Tenant must surrender the Rental to the Landlord. Be prepared to describe the Drug Use on the blank space provided.

Choose the fourth statement if you are a Landlord issuing a Thirty Day Notice that a Month to Month Tenancy will Terminate for the Recipient. Be prepared to report the last day the Monthly Rental Agreement will be in effect using the blank spaces.

Choose the fifth statement if you are a Tenant issuing a Thirty Day Notice that a Month to Month Tenancy will end for the Recipient on the Date you report in this sentence.


6 – Notice Of Enforcement

After defining the purpose of sending this Notice, a Landlord or Owner (issuing this form) must provide a Signature on the Signature line below the Paragraph requiring the Recipient to comply with it or possibly face legal consequences.


7 – Evidence of Delivery

Evidence for the Delivery of this Notice may only be provided by the Agent delivering it to the intended Recipient. This agent will need to report the Delivery Date and Delivery Recipient in the statement below the words “Certificate of Service.” Then, this party will report on how this document was delivered by checking one of the boxes below this statement. This form may be considered delivered when delivered to the intended recipient, left with a very reliable second party (that is of age) who will deliver it to the intended recipient, or mailed using First Class Mail. The Deliverer must Sign his or her Name on the line labeled “Signature.”

 

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