Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 35

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Eviction Timeline
Eviction Timeline
Landlord’s Duties
Tenant’s Duties
Read the notice. Certain reasons for
Some incident gives rise for eviction.
Provide proper notice of intent to evict.
Michigan Statute 600.5714
Michigan Statutes 600.5716, 600.5718
eviction can be cured (e.g.,
Forms DC 100a, DC 100c (from the court)
nonpayment of rent can be cured by
24-HOUR NOTICE is required for
paying the rent). Certain other
The notice MUST:
the following reason:
reasons cannot be cured and Tenant
a) Be in writing;
a) Illegal drug activity and formal
must move out (e.g., breach of lease,
b) Be addressed to the Tenant;
police report filed (lease
illegal drug activity). Otherwise, you
c) Describe the rental property
provision must allow for
may be sued.
(address is sufficient);
termination).
d) Give reason for eviction;
7-DAY NOTICE is required for the
Recommendation: Contact the
e) State the time for Tenant to
following reasons:
Landlord to peacefully discuss his or
take remedial action;
a) Nonpayment of rent;
her reasons for eviction. Try to work
f) Include Landlord’s signature;
b) Extensive and continuing
things out to remain in the rental
and
physical injury to property;
property.
g) Include date.
c) Serious and continuing health
hazard.
The notice MUST be delivered:
30-DAY NOTICE is required for the
a) In person to the Tenant, OR
following reasons:
b) At the rental property, to a
a) Violation of a lease provision
member of Tenant’s
and the lease allows for
household—of suitable age—
termination;
requesting that it be delivered
b) Forceful entry OR peaceful
to the Tenant, OR
entry, but forceful stay OR
c) By sending it through first-
trespass;
class mail addressed to the
c) Holding over after natural
Tenant.
expiration of lease term;
d) Just cause for terminating
tenant of mobile home park;
e) Just cause for terminating
tenant of government-
subsidized housing.
BEGIN THE LAWSUIT: After the
The Summons. The Summons
The Summons will have a date and
time period in the notice has
commands the Tenant to appear at the
time ordering the Tenant to appear in
court for trial.
court. As the Summons commands,
expired—either 7 or 30 days—if
things cannot be worked out:
Michigan Court Rule 4.201(C)
you MUST appear at the court for
Form DC 104 (from the court)
this hearing.
File with the district court and serve on
The Complaint The Complaint
the Tenant a Summons and Complaint.
You MUST appear and answer the
gives further notice of the cause of
Michigan Statute 600.5735
Complaint by the date on the
action, or grounds, for the eviction.
Summons. You can do this either in
Landlord MUST attach the following:
writing OR orally at the hearing.
a) A copy of the Lease; AND
b) A copy of the notice of intent
Recommendation: It is best to contact
to evict—stating when and
a lawyer to help you through this
how it was delivered.
process.
Michigan Court Rule 4.201(B)
Forms DC 102a, DC 102C (from the court)
The Summons and Complaint
MUST be delivered (and proof of
how and when they were delivered
must be filed with the court) to the
Tenant BY MAIL AND ONE
OTHER WAY:
a) Personally, OR
b) Sent by mail—certified,
return-receipt, restricted
delivery, OR
c) At the rental property, to a
member of Tenant’s
household—of suitable age—
requesting that it be delivered
to the Tenant, OR
d) After diligent attempts at
personal service, by securely
attaching the papers to the
main entrance of the rental
property unit.
Michigan Court Rule 4.201(D)

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