In Michigan, a person who has been served with a notice to quit has several rights and options available to them.
Firstly, the tenant must be given proper notice as specified by the type of tenancy. For example, if the tenant neglects or refuses to pay rent, the landlord may terminate the tenancy by giving a written seven-day notice to quit. If the tenant holds over after the lease is terminated, the landlord may proceed with summary proceedings to recover possession of the premises.
Additionally, the tenant has the right to contest the eviction in court. An order of eviction may not be issued unless a hearing is held after the tenant has been given notice and an opportunity to appear. If the tenant has made any partial payments towards the amount due under the judgment, an order of eviction may not be issued unless the judgment explicitly states that partial payments will not prevent eviction.
Furthermore, tenants have the right to be free from retaliatory evictions. If a landlord serves a notice to quit in retaliation for the tenant asserting their rights, the landlord may be denied possession of the rented premises. This protection is particularly relevant for month-to-month tenancies, which are terminable at the desire of either party upon sufficient notice.
In summary, tenants served with a notice to quit in Michigan have the right to proper notice, the opportunity to contest the eviction in court, and protection against retaliatory evictions. These rights ensure that tenants are treated fairly and have the opportunity to address any disputes regarding their tenancy.
Please feel free to contact us if you have any questions about this or any other important legal issues/inquiries.
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