Michigan Landlord-Tenant Law: Notices To Quit or Terminate Tenancy
Notices to Quit/Terminate Tenancy and the Summary Proceedings Act
Landlords are required to include a copy of a notice to quit/terminate tenancy to the tenant if they wish to sue to recover possession under the Summary Proceedings Act.
However, simply because a tenant receives this form from the landlord, the parties are not required to proceed with litigation. This notice period gives both sides a chance to resolve their issues prior to getting the courts involved.
Tenants have varying amounts of time depending upon the reason for the potential eviction. It is imperative that landlords use the correct form so the tenant is provided adequate notice, as explained in the Summary Proceeding Act.
For landlords, using the free forms published by the Supreme Court of Michigan (SCAO) is the best option to ensure that they are providing tenants with the correct notice for the reason they may be seeking an eviction. Be wary of multi-state forms or other free forms; the Michigan Supreme Court’s (SCAO) forms are drafted specifically to comply with the requisite law and many civil district-court clerks will reject pleadings unless they see the SCAO form. Further, a tenant can ask to have a pending case dismissed if the wrong form was used or not served properly.
Please keep in mind that the rules are slightly different for mobile/modular homeowners/renters. If the tenant is in a mobile/modular home park, most landlords will use a DC 100d. Landlords in these situations are required to provide a settlement meeting with a tenant if the tenant makes a timely request prior to the commencement of any eviction proceedings.
Please also note that the rules are very different for land-contract forfeitures. With land-contract forfeitures, the landowner may foreclose on the property or seek an eviction under the Summary Proceedings Act; however, proceeding under the Summary Proceeding Act may limit their potential damage claims. For forfeitures under the Summary Proceedings Act, form DC 101 is usually recommended.
If a tenant stops paying rent, the DC 100a is the correct form. This provides a tenant with seven days to pay the amount owed prior to the landlord suing to evict. This form should only be used if rent is the exclusive issue.
If a tenant is “doing extensive and continuing damage to the rental property, or a serious and continuing health hazard to the rental property,” the DC 100b is the correct form. “This notice must be given within 90 days of discovering the damage” and the tenant will be provided seven days to fix the issue prior to starting any legal proceedings.
DC 100c is a catchall type of form. Landlords may use this if tenants are not following rules in the leases, if the tenancy has ended due to expiration of time, or other factors. This notice provides thirty-days notice, so it should not be used if a tenant is failing to pay rent.
If a tenant is allegedly dealing narcotics; landlords, if they have a police report, can seek an eviction after only twenty-four hours if they provide a DC 100e.
Our experienced trial attorneys fight hard for our Michigan clients. We represent clients statewide. For a free initial consultation, feel free to contact us at (517) 507-5077.
For more information on changes to the laws for alleged squatters, click here.
For more information on alternatives to paper-filings for notices, click here.
For more information on the differences between fixed-term leases versus month-to-month leases, click here.
For some general tips for renters, click here.
For information on Security Deposits, click here.
For more information the Summary Proceeding Act, click here.
For more information on writs of restitution or writs of eviction, click here.
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.