The Michigan eviction notice is a letter used by the landlord to inform the tenant that they must vacate the leased property.
The eviction notice includes:
Reason for the eviction
Ways to remedy the violation and stop the eviction (optional)
Deadline by which the tenant must vacate the leased property
If the tenant doesn’t act according to the instructions in the eviction notice, the landlord can file an eviction lawsuit and initiate the procedure before the court.
Types of Eviction Notices in Michigan
The type of eviction notice the landlord should use mostly depends on the type of lease and the type of violation. In the section below, you can see the most commonly used types of Michigan eviction notices.
Notice to Pay Rent
If the tenant fails to pay the rent before the due date, the landlord can issue an eviction notice, giving the tenant 7 days to vacate the property. The landlord is not obliged to give the tenant an option to pay the due rent and stop the eviction.
Notice for Non-compliance
The landlord can evict the tenant in Michigan for violating the Michigan landlord-tenant law or the lease agreement. The landlord must send the tenant a 30-day advance notice to the tenant, informing them about the eviction. They are not obliged to give the tenant a chance to fix the issue and stop the eviction.
Notice for Illegal Activity
If the tenant causes physical injury to others at the leased unit, the landlord can evict them after giving them a 7-day advance notice.
In case the tenant is involved in illegal drug activity, the landlord can evict them after giving them 24 hours advance notice. The tenant will not have a chance to fix the violation and stop the lease.
Notice to Terminate a Month-to-Month Lease
The tenant that resides at the property without a set lease term (week-to-week or month-to-month lease) can be evicted without a specific reason for the eviction. However, before the eviction, the landlord must notify the tenant and give them at least one month to leave the property in the case of a month-to-month lease.
Eviction Laws and Requirements in Michigan
Laws & Requirements
Rent payment grace period. Nothing is provided in the Michigan Statute.
Notice for rent non-payment. 7 days (§ 554.134(2))
Notice for non-compliance. 30 days (§ 554.134(1))
Notice for illegal activity. 24 hours (§ 554.134(4))
Notice for periodical lease termination. 1 month for a month-to-month lease (§ 554.134(1))
Eviction process. Chapter 57 (Summary Proceedings to Recover Possession of Premises)
When Is Rent Late in Michigan?
In Michigan, the rent is considered late immediately after the due date is over. That means that if the rent is due on the 15th of the month, it will be late starting on the 16th of the month.
The Michigan statute doesn’t provide any grace period for the rent payment or the delay of the payment for weekends or state or national holidays. Once the rent is late, the landlord can send an eviction notice to the tenant.
Grounds for Eviction in Michigan
The landlord can start the eviction process in Michigan for the following reasons:
Grounds for Eviction
If the tenant fails to pay the rent before the due date
In case the tenant violates the lease agreement
When the tenant violates the Michigan landlord-tenant law
In case the tenant is involved in an illegal activity
If the landlord wants to terminate the periodic lease (week-to-week or month-to-month)
Eviction Process in Michigan
The eviction process in Michigan depends on the type of lease, the reason for the eviction, and the actions the tenant takes in the eviction process.
#1. Write a Notice
The eviction starts when the landlord issues the eviction notice, informs the tenant about the reasons for the eviction, and gives them a deadline to leave the property. The landlord can serve the notice on the tenant by giving it to the tenant personally, putting it in a conspicuous place at the leased property, or via certified mail.
#2. File the Complaint
If the tenant doesn’t leave the property by the deadline provided in the eviction notice, the landlord can file a complaint and summons with the local court and initiate the eviction lawsuit. The lawsuit should be initiated in the district court according to the location of the property.
When filing the eviction lawsuit, the landlord should also provide a copy of the eviction notice and pay a filing fee.
#3. Serve the Tenant
A body authorized by the court will serve the complaint and summons on the tenant, informing them about the eviction process and the date of the court hearing. The tenant may submit the answer form to the court, providing their arguments against the landlord’s claims.
#4. Wait for the Court’s Judgment
If the tenant doesn’t appear for the court hearing, the court will issue a default judgment in the landlord's favor. Otherwise, the court will hold the hearing and make a final judgment after both parties present their arguments. If the court makes a judgment in the landlord's favor, it will issue a Writ of Restitution.
#5. The Court Issues a Writ of Restitution
This document serves as a final warning to the tenant to leave the leased property. Additionally, it gives the authority to the sheriff to forcefully remove the tenant from the property. This document can be issued from a few hours until 10 days after the court’s judgment.
Other Eviction-Related Forms in Michigan
Other Eviction-Related Forms
Complaint Form. This document provides all the essential information for the eviction procedure before the court. The landlord files it with the court to start the eviction process.
Summons Form. It informs the tenant that there is an eviction process initiated against them and about the date of the court hearing.
Answer for Non-payment of Rent. The tenant can use this form to answer the landlord’s claims when the landlord files an eviction lawsuit for unpaid rent.
Application and Order of Eviction. If the tenant doesn’t move out within 10 days from the day the court issued a judgment, the landlord can use this document to request the sheriff's office to physically remove the tenant from the leased property.
Eviction Information for Landlords in Michigan
The landlord cannot use illegal methods of evicting the tenant. If found liable, the landlord will be required to compensate the tenant $200, or up to three times the actual damages, whichever is greater.
Any of the following actions are considered illegal according to Michigan landlord-tenant law:
Eviction Information for Landlords
Denying the tenant’s access to the property by changing the locks
Removing the tenant’s belongings from the leased property
Shutting off the utilities at the leased property, such as electricity or water
Eviction Information for Tenants in Michigan
When receiving the eviction notice, the tenant should make sure the notice contains the following:
Eviction Information for Tenants
Reason for eviction. The eviction reason must be listed in the Michigan landlord-tenant law as the reason for the eviction.
Deadline for leaving the property. The Michigan landlord-tenant law provides the minimum advance notice the landlord must give the tenant before evicting them.
If the eviction notice doesn’t contain the following elements or the landlord’s claims are in some other way incorrect, the tenant can address the court in the eviction process and fight the eviction.
How to Write an Eviction Notice in Michigan
Michigan Eviction Notice Checklist
Michigan Eviction Notice FAQ
You can file an eviction notice for the following reasons:
When the tenant fails to pay the rent on time.
If the tenant violates the lease agreement or landlord-tenant law.
In case the tenant commits an illegal activity on the leased property.
When the landlord wants to terminate the periodic lease agreement.
The eviction notice must be issued and served on the tenant before taking any further eviction-related actions. When filing an eviction lawsuit, the landlord must submit a copy of the eviction notice and proof of service.
The eviction process in Michigan can take between 2 and 8 weeks, depending on the following:
Type of lease
Reason for the eviction
Actions of the tenant in the eviction process (are they fighting the eviction process)
Only in cases where the tenant is involved in illegal drug-related activity can the landlord issue a 24-hour eviction notice. For any other eviction reason, the minimum notice period is longer than 3 days.