Updated August 17, 2023
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
- Rent Grace Period: No statute.
- Non-Payment of Rent: 7 days (§ 554.134(2))
- Non-Compliance: 30 days (§ 554.134(1))
- Illegal Activity: 24 hours (§ 554.134(4))
- Substantial Damage to Property: 7 days (§ 554.134(1))
- Termination (Month-to-Month Lease): 1 month (§ 554.134(1))
- Filing an Eviction: Chapter 57 (Summary Proceedings to Recover Possession of Premises)
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 (4 steps)
- Deliver Eviction Notice to Tenant
- File Summons and Complaint with District Court
- Court Issues Summons to Tenant
- Receive Court Judgment / Obtain Writ of Eviction
1. Deliver Eviction Notice to Tenant
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.
2. File Summons and Complaint with District Court
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.
4. Receive Court Judgment / Obtain Writ of Eviction
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.