Michigan Landlord-Tenant Law: New change will allow for Demands for Possession/Notices to Quit to be served By E-Mail or Social Media
When Landlords seek to evict residential tenants, they must first provide notice through a Demand for Possession/Notice to Quit. These notices serve, essentially, as a warning that if a tenant does not move out after the specified period, the landlord has the option to file a summons and complaint with the local district court to seek their eviction. The amount of time varies depending upon the potential reason listed by a landlord. This notice period provides the parties a chance to resolve the dispute. Further, it provides a tenant with a reason or reasons why their landlord is seeking to evict them. Courts, in a majority of landlord-tenant disputes, require these notices to be attached to any summons and complaint asking for an eviction. New changes to the laws will permit more options for landlords to deliver these notices.
Under the old law, pursuant to MCL 600.5718, this notice must be served “by delivering it personally to the person in possession, or by delivering it on the premises to a member of his family or household or an employee, of suitable age and discretion, with a request that it be delivered to the person in possession, or by sending it by first-class mail addressed to the person in possession.”
On Thursday, May 21, 2015, Governor Snyder signed a bill that will amend this law. It will permit landlords and tenants, with mutual consent, to have these notices served electronically. However, landlords are not permitted to discriminate and withhold leases from people who refuse to agree to electronic service of these documents. Id. For additional information, here are the bill summaries from the House and Senate.
It is about time for these types of changes. In my opinion, the Legislature should look for more opportunities to permit parties to use electronic service, especially in situations where the time-tables are accelerated, as they are under the Summary Proceedings Act.
If someone has an active and frequently used e-mail account, it is, in my opinion, a much more reliable and better option for service than mail. Further, this option will save landlords money on additional service costs, save tenants the hassle of possibly being confronted and personally served, and reduce some of the potential confusion over whether these notices were served. Notices to quit/demands for possession are very important documents for eviction proceedings. If they are not served properly or completed correctly, courts may throw out an eviction complaint. This option, if utilized correctly, will benefit both landlords and tenants since they will both have adequate notice and it will eliminate sources of potential confusion over service.
Our firm has a lot of experience representing landlords and tenants all over Michigan. Feel free to call us at (517) 507-5077 for a free initial consultation and ask for either Jacob or Andrew.
Disclaimer: This blog-post is only general legal advice. If you need specific legal advice, please privately consult with a lawyer. Circumstances vary significantly depending on the alleged facts.