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  1. #1
    Join Date
    Oct 2007
    Posts
    2

    Default Winter Eviction in Michigan

    I have tenants who are over 30 days late on rent. I have them in a month to month rental agreement. I just served a 3-day notice to pay or vacate in which I said I would not renew their following month's tenancy and would serve them a 30-day notice to vacate if they do not pay rent. They're already into their grace period for the next month! My question is, if it goes to eviction, can I evict in the winter in Michigan?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Winter Eviction in Michigan

    What is a "3-day notice to pay or vacate"? In Michigan, you have to give a seven-day notice (Form DC 100a).

    Yes, you can evict during the winter.

  3. #3
    Join Date
    Oct 2007
    Posts
    2

    Default Re: Winter Eviction in Michigan

    Yes, Michigan requires the 7 day notice. Since they're in a month to month, my goal was to avoid eviction and give them 30 day notice to vacate after the 3 days. My lease states that only notice be given, no reason needs to be stated. 3 days is shorter than 7 days, since I'm not evicting I thought this would be fine. Am I wrong?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Winter Eviction in Michigan

    If you don't intent to rely upon the "3-day notice", and subsequently serve a formal 30-day notice, it's not really an issue. But if you really want them out in 30 days, not in 30 days plus a few weeks for court, plus another ten days to get a writ of restitution, you should consider giving them a 7-day notice and commencing eviction proceedings if they don't pay rent. The issue is whether you think they would actually move if you give them a 30-day notice and, if not, whether you want them out within one month or two.

  5. #5
    Join Date
    Oct 2007
    Location
    Palm Springs/Manhattan Beach, California
    Posts
    37

    Default Seasonal Eviction...

    Answering Aaron's question (although I'm aware that he knows the answer):

    A 3-Day Notice To Pay Or Vacate is typically rendered after a resident has become late on paying rent. It's basically to deliver the option "catch up" or "get out", in milder terminology. It does NOT under any circumstances evict a resident; it's merely utilized as a "scare tactic" sorta' say, that a 30 Day Notice To Vacate can/may follow provided that all rent monies are not collected within an expeditious manner.

    As far as the "seasonal eviction" is concerned, I've never heard of there being a stipulation on the process of eviction. If the rentor isn't paying rent on time, he/she stands subject to eviction. Period. It can be on Christmas Day while it snows and the choir sings.

    Good luck ~

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Seasonal Eviction...

    It's always good to get an answer to a rhetorical question....

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