Landlord-Tenant Eviction: Selecting and Filling Out the Proper Notice

We frequently field questions from landlords concerning their legal rights and the legal challenges associated with the landlord-tenant relationship.
Among the more common questions are ones related to evicting nonperforming tenants.

How is the tenant in breach of contract?

We start the conversation off by asking the landlord how the tenant is in breach because the reason for their nonperformance will help dictate our legal strategy. In many instances, poorly drafted lease can cause impediments to pursuing the most ideal strategy. Consequently, we want to make sure the readers of our blog understand the following -- a well-drafted lease is key to successfully pursuing the most efficient eviction strategies while also reducing a landlord’s legal liability.

As we uncover the reason for the tenant’s non-performance, we will then consider the following notice options:

• Non-payment
• Recover Possession – Termination Action
• Damage to Property
• Harm to Others
• Illegal Drug Activity

Tips for handling the notice process yourself

In many occasions, our clients want to handle the notice process themselves. Below are a few helpful tips for these notices:

• Be sure to include “and All Other Occupants” after listing the specific Defendants on the notice.
• Communicate applicable reasons for the tenant’s breach AND/OR by checking the MCL 554 … box for terminating a month-to-month tenancy. You may end up checking both boxes in some circumstances.
• Completely fill out the service section on the page that you retain to show how service was provided to the tenants.
• Be sure not to collect any rent after you have served the tenant with a termination notice; otherwise, you have likely waived your right to pursue the eviction based on that notice.

The right form for the job

You may be asking why it is so critical that a certain notice is used or that any particular form is used. The answer is fairly simple. Michigan law allows for only the exact and specific notice on the specifically required form be used to be legally sufficient. In other words, the wrong notice, or even the right notice filled out the right way, commonly requires landlords to start a process over gain that is dreadfully long to begin with.

Stout Law is here to help you avoid that undesirable result. Frequently, we will advise the exact notice that should be used in a complimentary consultation along with providing tips to properly fill out the notice.

Don’t be afraid of leaning on us for our expertise. I venture to say that you will be happy that you did.

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