The Michigan eviction notice forms may be used in the event that a landlord in Michigan seeks to terminate a lease for non payment of rent or for non compliance. In addition, Michigan has a 24 hour notice to quit when the tenant is engaged in illegal drug use. If tenant does not respond to the notice, the landlord may proceed with a filing a Summons (DC 104) and Complaint (DC 102c) with the local District Court in the county in which the property is located. The court will schedule a hearing within ten days and issue a judgment. If the judgment is for the landlord, tenant will have ten days to move out. After the ten days, Landlord can apply for a Writ of Eviction (DC 107) from the court, at which point landlord may obtain the services of a sheriff to physically remove the tenant and tenant’s belongings.
Eviction Proceedings – Use This Guide as a helpful resource to understand the court hearing process.
Notices By Type
7-Day Notice to Quit (Non-Compliance) – Pursuant to § 600.5714, 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.
30-Day Notice to Quit (Month to Month) – This type of notice is used when landlord seeks to end a month-to-month tenancy.
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 (Process)
Step 1 – 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.
- 24-Hour Notice to Quit (Illegal Drug Related Use)
- 7-Day Notice to Quit (Non-Payment)
- 7-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Step 2 – 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 (dc104) and Complaint (dc102c) 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.
Step 3 – The court will issue a summons to the tenant asking them to appear in court within ten (10) days. The tenant may file one (1) of the following Answer Forms:
- Answer for Non-Payment of Rent (dc111a)
- Answer for Health/Hazard to Property (dc111b)
- Answer to Complaint to Recover Possession of Property (dc111c)
Step 4 – If the tenant does not show up and/or there is a judgment in favor of the landlord, 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 (dc107), 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.