Michigan 7-Day Demand for Possession — Nonpayment of Rent

DEMAND FOR POSSESSION — NONPAYMENT OF RENT (MICHIGAN — 7 DAYS)

Statutory Form Reference: SCAO Approved Form DC 100a (Rev. 5/22 or current)

Statutory Authority: MCL 600.5714(1)(a); MCL 600.5716; MCL 600.5718

TABLE OF CONTENTS

1. To the Person in Possession
2. Description of Premises
3. Statement of Amount Due
4. Demand and 7-Day Cure Period
5. Notice of Tenant Rights
6. Date and Signature
7. Certificate of Service
8. Practice Notes
9. Sources and References

1. TO THE PERSON IN POSSESSION

TO: [TENANT'S FULL LEGAL NAME]

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

From: [LANDLORD'S FULL LEGAL NAME] ("Landlord"), or [LANDLORD'S ATTORNEY / AGENT NAME], on Landlord's behalf.

2. DESCRIPTION OF PREMISES

You are in possession of the residential premises located at:

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

(the "Premises").

3. STATEMENT OF AMOUNT DUE

Pursuant to MCL 600.5716, the amount of rent due as of the date of this Demand is set forth below. Rent is owed under the [written lease dated __/__/____ / oral month-to-month rental agreement] between Landlord and Tenant.

4. DEMAND AND 7-DAY CURE PERIOD

Pursuant to MCL 600.5714(1)(a), Landlord hereby demands that, within SEVEN (7) DAYS after service of this Demand on you, you either:

☐ (a) Pay the total amount due of $[________] in full to Landlord at the address stated below; OR

☐ (b) Move out of the Premises and deliver possession to Landlord.

If you fail to do either within the 7-day period, Landlord may commence summary proceedings under the Summary Proceedings Act, MCL 600.5701 et seq., to evict you and to recover possession of the Premises, together with any other relief allowed by law (including unpaid rent, damages, costs, and attorney fees if authorized by the lease or statute).

Payments must be made to:

[LANDLORD / AGENT NAME]
[PAYMENT STREET ADDRESS]
[CITY, STATE, ZIP]
Telephone: [(___) ___-____]
Acceptable forms of payment: [CASH / CERTIFIED CHECK / MONEY ORDER / ELECTRONIC TRANSFER — specify]

5. NOTICE OF TENANT RIGHTS

IMPORTANT — READ CAREFULLY:

5.1. Right to Cure. If you pay the full amount due within 7 days after service, this Demand has no further effect and your tenancy continues on the same terms.

5.2. Right to Defend. If a complaint is filed in district court, you have the right to appear and answer. You may raise defenses, including: (a) the amount demanded is incorrect; (b) the Premises are not fit for use or in reasonable repair under MCL 554.139 and the implied warranty of habitability recognized in Rome v. Walker, 38 Mich. App. 458 (1972); (c) Landlord has waived breach by accepting partial rent or otherwise; (d) defective notice; (e) retaliation under MCL 600.5720; or (f) discrimination under the Elliott-Larsen Civil Rights Act, MCL 37.2502, or the federal Fair Housing Act, 42 U.S.C. § 3601 et seq.

5.3. Right to Counsel. You have the right to consult with an attorney. If you cannot afford one, free or low-cost legal help may be available through:

• Michigan Legal Help: https://michiganlegalhelp.org
• Lakeshore Legal Aid: 1-888-783-8190
• Legal Aid of Western Michigan: 1-800-442-2777
• Legal Services of Eastern Michigan: 1-888-783-8190
• Detroit residents — Right to Counsel (Detroit Office of Eviction Defense, established by Detroit City Ordinance, eff. Oct. 1, 2022): tenants at or below 200% of the federal poverty level are entitled to free counsel. Call 313-244-0274 or visit detroitmi.gov/departments/law-department/office-eviction-defense-right-counsel.

5.4. No Self-Help. Landlord may not lock you out, remove your belongings, shut off utilities, or otherwise force you out without a court order. Such actions are prohibited by MCL 600.2918 and may entitle you to treble damages or $200, whichever is greater, plus actual damages including emotional distress.

5.5. Rental Assistance. You may be eligible for rental assistance through your local Community Action Agency, the Michigan Department of Health and Human Services (MDHHS) State Emergency Relief, or city-specific programs. Apply promptly — assistance may stop the eviction.

6. DATE AND SIGNATURE

Date of Demand: [__/__/____]

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: [________________________________]

7. CERTIFICATE OF SERVICE

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

☐ Personal delivery to the Tenant named above at the Premises.
☐ Substituted delivery on the Premises to [NAME, RELATIONSHIP — e.g., adult household member / employee], 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 and affirmatively confirmed the address (attach the consent and confirmation as Exhibit A).

Signature of Server: X _______________________________________

Printed Name: [________________________________]

Date: [__/__/____]

8. PRACTICE NOTES

8.1. The 7-Day Period

The 7 days are calendar days, counted 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, in which case the period extends to the next business day. Service by first-class mail postpones the start: the date of service is the next regular mail-delivery day after mailing.

8.2. Acceptance of Partial Payment

Acceptance of partial rent during the 7-day period without an express written reservation of rights generally waives the breach and invalidates the Demand. If partial payment is accepted, deliver a written reservation of rights at the same time and consider re-serving a fresh Demand for the unpaid balance.

8.3. CARES Act Properties

If the Premises are a "covered dwelling" under 15 U.S.C. § 9058 (federally backed mortgage or covered housing program), federal law requires a 30-day notice to vacate. Verify status before relying on the Michigan 7-day notice.

8.4. Detroit Certificate of Compliance

Detroit City Code §§ 9-1-81 et seq. require rental properties to hold a current Certificate of Compliance. Detroit courts have dismissed evictions where the landlord lacked a valid Certificate at the time rent accrued. Verify compliance before serving this Demand.

8.5. Retaliation Window

MCL 600.5720 creates a 90-day rebuttable presumption of retaliation when a tenant has, within the prior 90 days, complained to a governmental authority or attempted to enforce rights. If retaliation is foreseeable, document the legitimate, non-retaliatory reasons for the eviction contemporaneously.

8.6. Habitability Defense

Under Rome v. Walker, 38 Mich. App. 458, 197 N.W.2d 124 (1972), and MCL 554.139, the tenant may assert breach of the implied covenant of fitness and reasonable repair as an offset against rent. Address known habitability complaints and document repairs before relying on a nonpayment Demand.

9. 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 554.139 — 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 100a (official) — https://www.courts.michigan.gov/siteassets/forms/scao-approved/dc100a.pdf
• SCAO Form DC 100a Instructions — https://www.courts.michigan.gov/siteassets/forms/scao-approved/instdc100a.pdf
• SCAO Landlord-Tenant Forms Index — https://www.courts.michigan.gov/SCAO-forms/LTLC-forms/
• MCR 4.201 — https://courts.michigan.gov/siteassets/rules-instructions-administrative-orders/michigan-court-rules/michigan-court-rules.pdf
• Rome v. Walker, 38 Mich. App. 458, 197 N.W.2d 124 (1972)
• Michigan Legal Help (tenant resources) — https://michiganlegalhelp.org
• Detroit Office of Eviction Defense (Right to Counsel) — https://detroitmi.gov/departments/law-department/office-eviction-defense-right-counsel