Understanding Eviction Notices in Michigan
Landlords in Michigan must serve tenants with a written eviction notice before filing in court. The notice must explain the reason for eviction and give the tenant a set number of days to pay rent, fix a lease violation, or move out.
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Types of Eviction Notices in Michigan
Michigan landlords must select the correct notice based on the reason for eviction. The timeframe depends on the violation and must comply with state law.
7-Day Notice to Quit for Non-Payment
Use this notice if the tenant has not paid rent. Under Michigan Compiled Laws Section 554.134(2), landlords must give tenants seven days to pay or move out before filing for eviction.
7-Day Notice to Quit for Non-Payment
Use this notice for unpaid rent that gives tenants seven days to pay or vacate, with eviction possible if unpaid and occupancy continues.
Notice to Quit for Non-Compliance
This notice applies when a tenant violates the lease, such as damaging the property, creating a nuisance, or having unauthorized occupants. Under MI Comp Law § 554.134(1), landlords must give tenants seven days to comply or move out.
Notice to Quit for Non-Compliance
Use this notice when tenants violate the lease agreement.
30-Day Lease Termination
Landlords must give tenants 30 days’ written notice under MI Comp Law § 554.134(1) to end a month-to-month tenancy without cause. This allows for the lawful termination of a rental agreement without a lease violation.
30-Day Lease Termination
Use this letter to give 30-day notice to end a month-to-month lease.
How to Evict a Tenant in Michigan
Evictions in Michigan must follow the legal process outlined in MI Comp Law ch. 57. Landlords must first serve a valid eviction notice based on the lease violation or reason for termination. If the tenant does not comply, the landlord may file a complaint in District Court to begin formal eviction proceedings. Follow these steps to evict a tenant in Michigan:
Step 1: Provide an Eviction Notice
The landlord gives the tenant the appropriate eviction notice related to the reason for eviction. For instance, a 7-day notice to quit is required for non-payment of rent and lease violations.
Step 2: File a Summons and Complaint
If the tenant fixes the problem (when given the option) or moves out within the required timeframe, the landlord can’t take further action. However, if the tenant fails to cure the breach or move out, the landlord then files a Summons (DC 104) and Complaint (DC 102c) with the District Court, pays the court fee, and provides a copy of the notice to quit to the District Court.
Step 3: Go to Court
The tenant must appear in court within 10 days after receiving the court’s summon if they wish to defend against the eviction. The tenant, depending on the reasons for eviction, may file an Answer for: Non-Payment of Rent (DC 111a), Health/Hazard to Property (DC 111b), or Complaint to Recover Possession of Property (DC 111c).
Step 4: Wait for the Tenant’s Action
If the tenant doesn’t show up or the court favors the landlord, the tenant has 10 days to move out of the property.
Step 5: File a Writ of Eviction
If the tenant doesn’t move out of the property within 10 days, the landlord can file a Writ of Eviction (DC 107). If the court grants the Writ of Eviction, the sheriff will remove the tenant from the property.
Related Michigan Court Forms
Court Forms for Landlords:
- Complaint (DC 102c): This document begins the eviction process in Michigan and must be delivered by the landlord to the District Court.
- Summons (DC 104): The landlord must file this form as a request for the District Court to summon the tenant to court.
- Application and Order of Eviction (DC 107): If the tenant doesn’t move out within 10 days after the court has approved the eviction, the landlord must file this form with the District Court to ask the sheriff’s department to evict the tenant from the property.
Court Forms for Tenants:
- Answer for Non-Payment of Rent (DC 111a): A tenant who receives a summons for non-payment of rent notice must file this form with the District Court in order to appear at the hearing.
- Answer for Health/Hazard to Property (DC 111b): A tenant who receives an eviction notice due to causing health/hazard to the property must file this form with the District Court in order to defend themselves.
- Answer to Complaint to Recover Possession of Property (DC 111c): If the eviction is caused by any other breach of the lease, the tenant must use this form if they want to appeal the eviction action in court.
