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When is it legal to serve someone a 3 day or less eviction

Resolved Question:

When is it legal to serve someone a 3 day or less eviction notice. My friend just recieved one for 24 hours. (michigan)
Submitted: 1 year ago.
Category: Legal
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question.

The minimum amount of notice required prior to a landlord filing an eviction actiong with the courts in Michigan is 7 days. The only exception is if a person is on property illegally (e.g., squatting) in which case, no notice is required. A 24 hour notice to vacate is not proper.

Furthermore, even in cases where proper notice to quit is given, a person does not have to leave by that date. They still have time to negotiate or try to resolve the issue. If the person does not leave by the time of the notice, then a landlord must file for an eviction and seek a court order to remove a tenant. They cannot use "self help", e.g., change the locks, turn off utilities, etc. to try to force a tenant out.

You may want to show your friend this link from Michigan Legal Aid which explains eviction and the eviction process.

If his landlord tries to file for an eviction after 24 hours, I think your friend has an argument that he was not given proper 7 day notice prior to the eviction action being filed.
Customer: replied 1 year ago.

When is the 7 day notice legal?

Expert:  RobertJDFL replied 1 year ago.
7 Day notices would be legal in situations where a person has failed to pay their rent, or where a tenant has caused "injury: to the property -in other words, they've created a hazard on the property -such as by selling drugs out of the home (that's just one example).

If it's a case of non-payment of rent, generally the notice has to advise that a person has 8 days to catch up on any back rent/fees or vacate the premises.
RobertJDFL, Attorney
Category: Legal
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Experience: Experienced in multiple areas of the law.
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