Create Your Michigan Eviction Notice in Minutes! If you havent done what the landlord requires by the time the notice expires, your landlord can go to court and begin the process to evict you. If you live in a mobile home, your landlord (the park owner) must have just cause to terminate your tenancy. The steps in the eviction process and the time it takes depend on several matters. (See M.C.L. All rights reserved. In Michigan, filing fees cost about $45, but there could be additional costs if the eviction involves money. With this type of eviction, your landlord might not have to give you a Notice to Quit. GETTING NOTICE TO THE TENANT (c) When a person holds over premises in 1 or more of the following circumstances: Describe the rental property, usually by giving the address, State how much time the tenant has to fix the problem, if there is one, Include the landlords address and the date of the notice. (1) Any person who is ejected or put out of any lands or tenements in a forcible and unlawful manner, or being out is afterwards held and kept out, by force, is entitled to recover 3 times the amount of his or her actual damages or $200.00, whichever is greater, in addition to recovering possession. For a tenant with no lease or a month-to-month lease in Michigan, the landlord must serve them a 30-Day Notice to Quit end the tenancy. Eviction for Violation of Lease or Responsibilities, Eviction for Material Health and Safety Violations, Step 1: Landlord Files Lawsuit with Court, Step 2: Landlord Files Lawsuit with Court, Step 3: Court Holds Hearing & Issues Judgment, Step 5: Possession of Property is Returned. For evictions due to illegal drug activity or material health or safety violations, the writ may be issued immediately. The Notice to Quit will also give you a deadline that says when your landlord wants you to move out or fix what you did wrong. You can narrow the results to lawyers in your area by typing in your county, city, or zip code at the top of the page. Involvement in the creation, distribution, or consumption of a controlled substance. To learn more, readTenants in Foreclosed Properties. of a lease violation that can be cured (in most cases). endstream endobj 458 0 obj <>stream A Michigan eviction notice is a written notice that a landlord or their agent (most commonly a property management company) . Delivering the notice to a member of the tenants household who is of suitable age. How to Delay an Eviction in Michigan | Nolo Step 2 After tenant has received the requisite notice and doesnt respond appropriately to the notice, by either curing or moving out, landlord may seek redress in court. Now Available: The 2023 Property Management Industry Report Download. The Michigan 30-day notice to comply or quit is a letter used by a landlord to inform a tenant of their lease violations. The landlords address and telephone number. The Program works . The lease must clearly state if violating only a specific provision or any provision is a reason for termination. A Michigan 7 day Notice to Quit form is used for an eviction for nonpayment of rent. (1)(e) When a person holds over7 days following service of a written notice to quit for termination of the lease after the tenant, a member of the tenants household, or a person under the tenants control, on real property owned or operated by the tenants landlord, has caused or threatened physical injury to an individual. If you want to move, give your landlord a written, one month's notice. First, your landlord must file a police report alleging that you or someone under your control has unlawfully manufactured, delivered, or possessed illegal drugs on the premises. We hope you've found what you need and can avoid the time, costs, and stress associated with dealing with a lawyer. Therese could: Pay the money by September 8th, and stay in the home, Move out by September 8th(Larry could still sue Therese for the amount of rent she owes), Talk to Larry to see if they can work something out by September 8th(maybe she doesnt think she owes the amount of rent he says she owes), Do nothing and wait for Larry to sue(if she chooses to do this, Therese should also get ready for the court case). [13]. If a notice to quit or demand for possession is required, your landlord can serve it in one of these ways: By leaving it at your home with a member of your family who is old enough and responsible enough to give it to you, with a request that it be given to you, By sending itto youelectronically (by e-mail). An eviction is a legal process of removing a person from possessing a residential property. Tenant has stayed after lease ended. To learn more, read Going to Court in an Eviction Case. ZzX+ TheZ.@H7lu1%/g\#0! Eviction is the legal process of making a tenant move out of a rental home. Complaining or reporting a habitability issue to the landlord or any authority tasked to enforce the law. [1]notice to vacate the premises. You can also narrow the results by topic by entering the kind of lawyer you need (divorce, estate, etc.) For other cases, the police have to at least be notified. In Michigan, a landlord can evict a tenant without a lease or with a lease that has ended (known as a holdover tenant or tenant at will). 285 0 obj <>stream At the discretion of the landlord, the tenant may have the ability to cure the violation, otherwise, the tenant must vacate the rental unit within seven (7) calendar days. (5) If subsections (3) and (4) do not apply, a writ of restitution must not be issued until the expiration of 10 days after the entry of the judgment for possession. Eviction, Rent, And Utility Payment Help Who is eligible? (D) In addition to mailing (1) By a method provided in MCR 2.105; (2) By deliveringto a member of the defendants household who is (a) of suitable age, (b) informed of the contents, and (c) asked to deliver the documents to the defendant; or (3) After diligent attempts at personal service have been made, by securely attaching the documents to the main entrance of the tenants dwelling unit. [10]or anyone authorized by the court to serve process, at least three days (2) A summons issued under this section shall command the defendant to appear for trial as follows: (b) Within 10 days of the issuance date of the summons in all other proceedings, in which event the summons shall be served not less than 3 days before the date set for trial. Chapter 57 (Summary Proceedings to Recover Possession of Premises), Application and Order of Eviction (DC 107), Answer for Health/Hazard to Property (DC 111b), Answer to Complaint to Recover Possession of Property (DC 111c), 24-Hour Notice to Quit (Illegal Drug Related Use). If the hearing is adjourned, the court must mail notice of the new date to the party who failed to appear. For example, some landlords don't allow pets in their rental homes. You are not allowed to be the one to evict the tenant by force. The landlord does not have to go to court to do this. For your own Michigan lease agreement, visit DoorLoop's Forms Page to download a template along with many other forms. The time specified in the Notice must be equal to the rental payment period. The summons and complaint must be served on the tenant at least three days prior to the eviction hearing. The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. Either the landlord or tenant may file an appeal, but this will add more time to the process. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Elizabeth Souza. Landlords are advised to keep a close eye on their tenants to make sure illegal behavior does not go unnoticed. YOUR MONTH-TO-MONTH TENANCY WILL BE TERMINATED IN THIRTY (30) DAYS FROM THE DATE OF DELIVERY OF THIS NOTICE. If the tenant doesnt move out of the property within 10 days, the landlord can file a Writ of Eviction (DC 107). If payments are made at periods of more than three (3) months, the tenant shall receive a notice period of one (1) month. [17], For evictions due to nonpayment of rent, if the tenant pays all past-due rent in full (along with any other costs the judge may order), the writ will not be issued and the eviction will be stopped. If the tenant resolves these issues on time, the eviction process does not continue. In court your landlord must prove all of the following to get a judgment of eviction for nonpayment of rent: You did not pay your rent; You were properly served with a demand for possession for nonpayment of rent; and You did not pay your rent or move out within seven days of the notice. Having too many people reside in the rental unit. All Rights Reserved. Eviction Process in Michigan. Tenants who can pay all monetary disputes in full will not be evicted and the Writ will not be released. 6f=_L+XiuY* The landlord must serve the notice to the tenant and wait until the notice period expires before requiring the tenant to vacate. "1hFI peW[bi`@3KR;6rv2x"/t()tqRbYAsDXg#,1,sbd ~/1],\Brx14nD 3|a{dSuePD\1;WR*SNw&]vmZoIR#f}x|q.rBek;N%:%]ud>?mg76_ %dt+78@2x qqYn$lei'~e=o!9Mp !X; 3 rsNBB^nc DAJb'8]kpm{ItzTF[ qEE--@6! Free Michigan Eviction Notice Forms (4) - Word | PDF - eForms Read on to find out everything you need to know about the Michigan eviction process and laws. Keep in mind, the step-by-step wizard will ask you to pay a small fee at the end - it's a small price to pay to ensure legal compliance and protection. %PDF-1.6 % 186 0 obj <> endobj Pay the rent owed. Then there are the issues of what the tenant opts to do. The statute also gives the tenant the right to stay on the property. . If youre a landlord seeking to evict a tenant, use a Michigan (MI) eviction notice to begin the process. Filing a complaint to a government authority. In the state of Michigan, a reply from the tenant is not necessary for a court date to be scheduled. Your landlord must give you a demand for possession before starting an eviction for: Physical damage to the property or creating a health hazard, Just cause for mobile home or subsidized housing tenants. First, for eviction notices without cause, the landlord must give you a longer period of notice to vacate, generally 30 or 60 days. Michigan Eviction Notices for Lease Violations | Nolo vl%+uJ?h9vUhtRY2Yd= EcpN./irhM'tZYaBTtUtfZjE]]afJM7_s X(GUz~?>MhcOI\{k-SQtNnG8Hb9YgkvN4wmk-|BV{1E,][]nlBj+:ln`] ^nfm[M6e`]R?3q^ qT!B"]V1D["EuQ;=D;A:jQwVGvQp They are not obligated to send in a reply. As another consequence of forceful eviction, the statute allows tenants to stay in the property. This subdivision applies only if a formal police report has been filed. The landlord needs to support the claim with evidence and show it during the hearing. Blog | Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. If you violate the terms of your lease, your landlord may choose to evict you. Please check your download folder for MS Word or open tabs for PDF so you can access your FREE Legal Template Sample, Chapter 57 (Summary Proceedings to Recover Possession of Premises), Answer for Health/Hazard to Property (DC 111b), Answer to Complaint to Recover Possession of Property (DC 111c), Application and Order of Eviction (DC 107), Michigan Notice to Quit (for Non-Payment or Non-Compliance), Receiving proper notification (in the form of an eviction notice) prior to being evicted from a property, Being given a certain number of days to address the violation and remedy it (unless the violation is incurable), Appealing to the court when an eviction notice has been issued by the landlord.