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Michigan Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Nonresidential or Commercial Property

State:
Michigan
Control #:
MI-1301LT
Format:
Word; 
Rich Text
Instant download

Description

This Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Non-Residential or Commercial Property form is for use by a Landlord to inform Tenant of Tenant's default in the payment of rent as a warning prior to a pay or terminate notice. The form advises the Tenant of the due date of rent and the consequences of late payment. This form may be used where you desire to remind the Tenant of payment terms, the default, demand payment and inform the Tenant that under the laws of this state or lease, the Landlord may terminate if rent is not paid timely.
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FAQ

In Colorado, evictions are sometimes referred to as forcible entry & detainer (FED). Before you can file for eviction, you must generally provide 10 days' notice (increased from 3 days prior) for tenants to correct a deficiency or leave the property, except in certain circumstances.

Notice of Entry Laws in Michigan There is no notice of entry law in Michigan. According to our survey of Michigan landlords, must provide their tenants 24-hour notice before entering the unit.

Putting all this together, you can see that even if the tenant does not show up to contest the eviction hearing, it will take an absolute minimum of four weeks to get an eviction in Michigan. In reality, an official eviction is likely to take longer, in the region of six to eight weeks.

In Michigan, the landlord must give the tenant at least 7 days' notice before filing to evict for non-payment of rent, for causing damage to the home, or for creating a health hazard.

If you accept the full or even partial late rent payment, your eviction process must be dismissed by the courts. Landlords are waiving their rights to the eviction process as originally filed. If you want to evict again, you must start over from the beginning, which is serving a new pay or quit notice.

Should You Accept Partial Rent Payments? It's okay to accept partial payments as long as you handle them correctly. You can sign an agreement with your tenant called an Agreement for Delayed or Partial Rent Payments. That way, your tenant understands that you expect the remainder of the payment by a certain date.

Tenant Rights to Withhold Rent in MichiganTenants may withhold rent or exercise the right to repair and deduct if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Michigan Tenant Rights to Withhold Rent or Repair and Deduct.

How far behind on my rent can I get before eviction? The law varies depending on the type of tenancy agreement you have with your landlord. But, generally, it states that a tenant has to be 8 weeks behind on rent (if paying weekly) or two months behind (if paying monthly).

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Michigan Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Nonresidential or Commercial Property