Michigan Notice to Quit — Health Hazard, Property Damage, or Lease Violation

NOTICE TO QUIT TO RECOVER POSSESSION OF PROPERTY (MICHIGAN)

Statutory Form Reference: SCAO Approved Form DC 100c (or DC 100b for damage/health hazard)

Statutory Authority: MCL 600.5714(1)(b), (c), (d), or (e); MCL 600.5716; MCL 600.5718; MCL 554.134

TABLE OF CONTENTS

1. To the Person in Possession
2. Description of Premises
3. Ground for Notice
4. Statement of Facts Constituting the Breach
5. Demand and Notice Period
6. Notice of Tenant Rights
7. Date and Signature
8. Certificate of Service
9. Practice Notes
10. Sources and References

1. TO THE PERSON IN POSSESSION

TO: [TENANT'S FULL LEGAL NAME]

and all other adult occupants of the premises described below ("Tenant")

From: [LANDLORD'S FULL LEGAL NAME] ("Landlord"), by [LANDLORD'S ATTORNEY / AGENT NAME].

2. DESCRIPTION OF PREMISES

[STREET ADDRESS, UNIT/APARTMENT NUMBER]
[CITY], MICHIGAN [ZIP CODE]
[COUNTY] COUNTY

(the "Premises").

3. GROUND FOR NOTICE

Landlord seeks to terminate Tenant's right of possession on the ground checked below:

☐ (A) Drug-Related Criminal Activity — 24 Hours. MCL 600.5714(1)(b). The lease at paragraph [___] contains a termination clause providing for termination upon unlawful manufacture, delivery, possession with intent to deliver, or possession of a controlled substance on the Premises. A formal police report has been filed or seizure has occurred as required by statute.

☐ (B) Serious and Continuing Health Hazard or Extensive and Continuing Physical Injury to the Premises — 7 Days. MCL 600.5714(1)(d). Tenant has willfully or negligently caused the condition. The condition was discovered, or should reasonably have been discovered, not earlier than 90 days before this Notice. (Use SCAO Form DC 100b for this ground; this template may be adapted.)

☐ (C) Physical Injury or Threat of Physical Injury — 7 Days. MCL 600.5714(1)(e). Tenant, a member of Tenant's household, or a person under Tenant's control has caused or threatened physical injury to an individual. A formal police report has been filed.

☐ (D) Material Lease Violation / Termination of Tenancy — 30 Days. MCL 600.5714(1)(c); MCL 554.134. Tenant has materially breached [CITE LEASE PARAGRAPH] of the lease, OR Landlord terminates the estate at will / month-to-month tenancy by 30 days' written notice.

☐ (E) Other Statutory Ground — Specify: [________________________________]

4. STATEMENT OF FACTS CONSTITUTING THE BREACH

Pursuant to MCL 600.5716, Landlord states the reasons for this Notice as follows:

4.1. [Describe the specific facts — dates, locations, conduct, witnesses, police-report numbers, photographs, written warnings previously given. Be factual, not conclusory.]

4.2. [Continue factual narrative. Cite the lease paragraph violated, if applicable.]

4.3. [List previous written notices, if any: date, manner of service, response.]

4.4. The lease provision violated reads: "[QUOTE THE EXACT LEASE LANGUAGE]" (Lease, ¶ [___]).

5. DEMAND AND NOTICE PERIOD

Landlord hereby demands that, within the period stated below, Tenant move out of the Premises and deliver possession to Landlord:

Cure Option (Ground B Only). If this Notice is based on Section 3(B), Tenant may avoid eviction by substantially restoring or repairing the Premises within 7 days of service. Specifically, Tenant must: [DESCRIBE THE REMEDIAL ACTION REQUIRED].

No Cure Option for Other Grounds. For Grounds (A), (C), and (D), this is a Notice to Quit — Tenant must vacate within the stated period; the breach cannot be cured.

If Tenant fails to vacate (and, where applicable, fails to repair) within the stated period, Landlord will commence summary proceedings under MCL 600.5701 et seq. in the District Court for the [___ ] Judicial District seeking possession, costs, and any other relief allowed by law.

6. NOTICE OF TENANT RIGHTS

IMPORTANT — READ CAREFULLY:

6.1. Right to Defend. If a complaint is filed in district court, you have the right to appear and answer. Defenses include: defective notice; the alleged conduct did not occur or was not willful/negligent; the condition was discovered more than 90 days before suit (Ground B); waiver by Landlord's continued acceptance of rent with knowledge of the breach; retaliation under MCL 600.5720; discrimination under the Elliott-Larsen Civil Rights Act, MCL 37.2502, or the federal Fair Housing Act, 42 U.S.C. § 3601 et seq.; failure to make a reasonable accommodation under the FHA or ADA; and breach of the implied warranty of habitability under MCL 554.139 and Rome v. Walker, 38 Mich. App. 458 (1972).

6.2. Right to Counsel. You have the right to consult an attorney. Free or low-cost legal help is available through:

• Michigan Legal Help: https://michiganlegalhelp.org
• Lakeshore Legal Aid: 1-888-783-8190
• Legal Aid of Western Michigan: 1-800-442-2777
• Detroit residents — Right to Counsel (effective Oct. 1, 2022, for tenants at or below 200% of the federal poverty level): Detroit Office of Eviction Defense, 313-244-0274.

6.3. No Self-Help. Landlord may not lock you out, remove your property, shut off utilities, or otherwise force you out without a court order. MCL 600.2918 entitles you to treble damages or $200 (whichever is greater), plus actual damages including emotional distress.

6.4. Reasonable Accommodation. If a disability is contributing to alleged conduct (e.g., hoarding, support animal, service animal), you may have the right to request a reasonable accommodation under the federal Fair Housing Act and Michigan Persons with Disabilities Civil Rights Act. Request the accommodation in writing immediately.

7. DATE AND SIGNATURE

Date of Notice: [__/__/____]

Signature of Landlord, Attorney, or Agent:

X _______________________________________

Printed Name: [________________________________]

Title (check one):
☐ Landlord
☐ Attorney for Landlord (Michigan Bar No. [________])
☐ Authorized Agent for Landlord

Address: [STREET ADDRESS]
[CITY, STATE, ZIP]
Telephone: [(___) ___-____]
Email: [________________________________]

8. CERTIFICATE OF SERVICE

I certify under MCL 600.5718 that on [__/__/____] I served this Notice on the Tenant by the method(s) checked below:

☐ Personal delivery to the Tenant at the Premises.
☐ Substituted delivery on the Premises to [NAME, RELATIONSHIP], of suitable age and discretion, with a request that it be delivered to the Tenant.
☐ First-class mail addressed to the Tenant at the Premises (date of service is the next regular day for delivery of mail after the mailing date stated above).
☐ Electronic service to [EMAIL/PORTAL ADDRESS], the Tenant having previously given written consent affirmatively confirmed (consent attached as Exhibit A).

Signature of Server: X _______________________________________

Printed Name: [________________________________]

Date: [__/__/____]

9. PRACTICE NOTES

9.1. Computing the Notice Period

Under MCR 1.108, the day of service is excluded; the last day is included unless it falls on a Saturday, Sunday, or legal holiday. For first-class mail service, the date of service is the next regular mail-delivery day after mailing — the cure period runs from THAT date, not the mailing date.

9.2. Lease Termination Clauses (Ground A)

For drug-related summary proceedings under MCL 600.5714(1)(b), the lease MUST contain a clause expressly providing for termination upon controlled-substance activity. Without such a clause, Landlord must use the standard 30-day notice to terminate (Ground D). Verify the lease contains the termination clause and police report or seizure has occurred BEFORE serving a 24-hour notice.

9.3. Discovery Window (Ground B)

MCL 600.5714(1)(d) requires the willful or negligent damage or health hazard to have been "discovered or should reasonably have been discovered" not earlier than 90 days before the institution of proceedings. If the condition was apparent more than 90 days ago, the expedited 7-day ground is unavailable; use the standard 30-day notice.

9.4. Substantial Restoration Defense (Ground B)

Even after a 7-day Notice under (1)(d), Tenant may defeat eviction by "substantially restoring or repairing" the premises within 7 days. Document the pre-Notice condition with photographs, and monitor for repair efforts during the 7-day period.

9.5. 30-Day Notice and Rent Period

MCL 554.134(1) provides that 30 days' notice terminates an estate at will or month-to-month tenancy. Where rent is paid at intervals of less than three months, the notice period equals the interval between payments (e.g., week-to-week tenancy → one week's notice). The 30-day period need not coincide with a rental period.

9.6. Rent After Notice

Acceptance of rent that accrues AFTER the notice period commences may waive the breach in a 30-day notice case. Reject post-Notice rent or accept only with a written reservation of rights.

9.7. Detroit and Other Local Rules

Detroit, Hamtramck, Highland Park, and several other municipalities require Certificates of Compliance and impose additional obligations. Confirm local compliance and any "just cause" eviction requirements (some local ordinances limit no-cause termination).

10. SOURCES AND REFERENCES

• Michigan Legislature, MCL 600.5714 — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5714
• Michigan Legislature, MCL 600.5716 — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5716
• Michigan Legislature, MCL 600.5718 — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5718
• Michigan Legislature, MCL 554.134 — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-554-134
• Michigan Legislature, MCL 554.139 — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-554-139
• Michigan Legislature, MCL 600.5720 (retaliation) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5720
• Michigan Legislature, MCL 600.2918 (anti-lockout) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-2918
• SCAO Form DC 100b (Damage / Health Hazard) — https://www.courts.michigan.gov/siteassets/forms/scao-approved/dc100b.pdf
• SCAO Form DC 100c (Notice to Quit) — https://www.courts.michigan.gov/siteassets/forms/scao-approved/dc100c.pdf
• SCAO Landlord-Tenant Forms — https://www.courts.michigan.gov/SCAO-forms/LTLC-forms/
• Rome v. Walker, 38 Mich. App. 458, 197 N.W.2d 124 (1972)
• Detroit Office of Eviction Defense — https://detroitmi.gov/departments/law-department/office-eviction-defense-right-counsel