Michigan Eviction Notice Requirements
Michigan's summary proceedings law, MCL 600.5714, allows a landlord to recover possession after a written demand or notice. For unpaid rent, the landlord serves a 7-day demand for possession. State law doesn't set one cure period for lease violations; a landlord can end a lease for a breach only under a termination power in the lease or implied by law. Shorter notices apply to drug activity with a police report (24 hours), serious health hazards or extensive damage (7 days), and physical injury or threats reported to police (7 days).
Michigan courts publish standard forms for a demand for possession for nonpayment of rent and for a notice to quit. Under MCL 600.5716, the demand must be in writing, describe the premises, state the reason and the time to act, give the amount due, and be dated and signed. Under MCL 600.5718, it can be delivered in person, left with a household member of suitable age, mailed by first-class mail, or sent electronically if the tenant agreed in writing. Keep a copy and a record of the delivery method.
If the tenant doesn't pay or move out, the landlord files a summary proceedings case in district court. In a nonpayment case, the writ of restitution can't issue if the tenant pays the judgment amount plus costs in time, and it generally can't issue until 10 days after judgment. Michigan's anti-lockout law, MCL 600.2918, makes it unlawful to change locks, remove belongings or shut off utilities to force a tenant out. Only a court officer, bailiff or sheriff acting on a writ can remove a tenant.
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Michigan: common questions
How much notice for unpaid rent in Michigan?
Seven days. The landlord serves a written demand for possession for nonpayment of rent that states the amount due, and the tenant has seven days from service to pay in full or move out. If the demand is mailed, service counts from the next regular mail delivery day. Then the landlord may file in district court.
How do I end a month-to-month tenancy in Michigan?
Under MCL 554.134, a tenancy at will ends with one month's notice, and when rent is paid at intervals of less than three months, notice equal to the rent interval is enough. For a monthly tenancy, that means one month. Michigan has no statewide just-cause rule for most private rentals.
What notice applies to a lease violation in Michigan?
It depends on the lease. If the lease gives the landlord a power to terminate for the violation, the landlord may end the lease and then seek possession. Shorter statutory notices apply to illegal drug activity, serious health hazards, extensive property damage and physical injury or threats. Michigan law doesn't give a general right to cure.
Can a Michigan landlord lock out a tenant?
No. MCL 600.2918 bars using force, changing locks without giving keys, removing belongings or interrupting heat, water, electric or gas service to recover possession. A tenant can recover actual damages or $200, whichever is greater, for each occurrence. Use the court process and let a court officer enforce any order.
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