Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 19
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39• Landlord’s signature.
choose to collect the rent or other money for
damages incurred from any or all of the
Q4 How much notice must be given to the
tenants.
tenant before the landlord may file suit?
Q3 What is proper notice of eviction and
Each reason for eviction has a specific
how important is it?
amount of time that MUST pass before the
Proper notice is very important. Notice –
landlord may commence a lawsuit – either
a type of due process – safeguards and
24 hours or 7 days or 30 days.
protects individual rights provided by law. If
A 24-HOUR NOTICE is required for
the landlord wishes to remove a tenant from
the following reason:
his or her rental property, the landlord must
Illegal drug activity on the premises and
use the eviction process – and it begins with
a formal police report was filed (lease
proper notice. Before a court will enter a
provision must allow for termination).
landlord’s request for an Order of Eviction,
A 7-DAY NOTICE is required for the
the tenant must have been given a proper
following reasons:
eviction notice (usually “Notice to Quit” or
a) Nonpayment of rent;
“Demand for Possession”).
b) Extensive and continuing physical
Many times the rental problem can be
injury to property; OR
fixed with nothing more than the eviction
c) Serious and continuing health
notice. For example, if the tenant simply
hazard.
forgot to pay the rent, the notice may simply
A 30-DAY NOTICE is required for the
serve as a reminder – and once he or she
following reasons:
pays the rent, the eviction process ends.
a) Violation of a lease provision and the
The eviction notice may take many
lease allows termination for that
forms. It must state that the landlord intends
violation;
to evict the tenant, within a specified time
b) Forceful entry, or peaceful entry –
(usually either 24 hours or 7 days or 30
with forceful stay or trespass;
days), because of a specified reason or
c) Holding over after natural expiration
problem – otherwise, court action will be
of lease term;
taken. The notice may allow the tenant time
d) “Just cause” for terminating tenant of
to correct the problem (like paying the rent,
mobile home park; OR
if nonpayment of rent is the reason for
e) “Just cause” for terminating tenant of
eviction).
government-subsidized housing.
The eviction notice MUST include
Q5 Once the proper notice is prepared,
certain information or the notice is not
how must it be delivered to the tenant?
proper. While many district courts provide
Once the eviction notice is prepared, it
standard eviction forms, a letter can
must be properly delivered to the tenant. The
accomplish the same as long as it contains
eviction notice MUST be delivered:
all of the following:
a) In person to the tenant; OR
• Tenant’s name;
b) At the rental property, to a member
• Address or rental property
of the tenant’s household – of
description;
suitable age – requesting that it be
• Reason for the eviction;
delivered to the tenant; OR
• Time to take remedial action;
• Date; AND
T e n a n t s a n d L a n d l o r d s R e s o u r c e G u i d e
Page 17
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