How to Legally Serve an Eviction Notice in Michigan

May 14, 2021 | Owner Education, Property Management Education

To evict a tenant from your rental property in Michigan, you must follow the state laws that dictate how this is done. The process begins with an eviction notice, and that’s what we’re going to focus on today.

Remember that we don’t really know when the federal eviction moratorium will be lifted. If your tenant has lost a job or been severely impacted financially by COVID-19, you’ll have to work with those tenants on getting as much rent as possible paid because evicting them will not be possible right now.

The Michigan eviction process permits a landlord to evict a tenant for:

  • Nonpayment of rent.
  • Lease violation.
  • Major health hazard.

You can also evict a tenant who refuses to vacate the property after the lease term ends or because illegal activity is discovered at the property. Different Michigan eviction notices apply depending on the nature of the eviction.

None of the moratoriums on eviction have forgiven the rent that’s owed and overdue. If you’re going to need to remove a tenant from your property because of nonpayment of rent, make sure you’re prepared to legally serve an eviction notice before moving forward.

Notice Period Depends on Eviction Type

The eviction notice must tell the tenant why you want to evict them and how much time they have to rectify the situation before an eviction lawsuit is filed.

  • For nonpayment of rent, a 7 Day Notice to Pay or Quit is required. The tenant has seven business days to pay the overdue rent or leave the property, otherwise a legal action will ensue.
  • A 7 Day Notice is also required if you’re evicting the tenant because substantial damage has been done to the property or a health and safety hazard has been revealed.
  • A 30 Day Notice is served when a tenant has breached the lease agreement or created a nuisance and you need to remove that tenant.
  • 24 hours is all the notice you need to give when a police report is filed alleging any drug activity at the home or other illegal activities.

Talk to a property manager or an attorney who specializes in landlord and tenant law before you file the notice to make sure you’re using the right one for your unique situation.

Serving the Eviction Notice in Michigan

There are several options when it comes to serving the eviction notice. Giving it to your tenant in person is the best and most reliable way to ensure they receive the notice, but this does not always happen. When a tenant is behind on rent or they sense an eviction may be coming, they’ll typically do what they can to avoid you.

If you cannot serve the notice in person, you can leave it with another adult at the property. You can also send it through the mail.

There’s also an option to email the eviction notice to the tenant, but you need to make sure your lease authorizes you to communicate with your tenant this way, and your tenant will also need to reply to your email in order for this method to be legally enforceable. We recommend sending the eviction notice through the regular mail even if you’re also emailing it.

What to Include in the Eviction Notice

The eviction notice must be in writing. It should be addressed to the tenant at the address of your rental property. Provide the reason that you’re planning to evict the tenant and state the amount of time the tenant has to fix the problem (if this is an option). Your name and contact information should also be on the notice. Make sure it’s signed and dated.

How to Legally Serve an Eviction Notice in MichiganThis is the step that launches an eviction in Michigan. The notice is extremely important, and you don’t want to make any mistakes with it. If you have questions or need help, please contact us at Short South Realty Group.