Notice To Quit

Division Of Student Affairs; Western Michigan University

What Is A Notice To Quit ?

The Notice to Quit is the first step (required by law) a landlord must take to regain possession of rental property. There are three types of Notices to Quit, sold at office supply stores, and at the district courts.

Why A Notice To Quit ?

If tenants abuse property or do not pay rent, landlords are entitled to take legal action to protect their investments. A basic law is that the tenant must get notice of the problem in question, and have a reasonable chance to correct it or leave. This prevents misunderstandings from wasting court time.

If a tenant does not have a lease, she/he can be evicted for any reason. However, a landlord can not retaliate against a tenant who is trying to exercise his/her legal rights as a tenant. (M.S.A. 27 A. 5720, Retaliatory Evictions.)

When To Use A Notice To Quit

Notice to Quit may be used when:

  1. Rent is not paid on time.

  2. The tenant won't leave after the lease is up.

  3. There is no lease and the landlord simply wants the tenant to leave.

  4. The tenant creates a health hazard at, or physical injury to, the property which is serious and continuing. One time garbage spills or breakages may give a right to money damages, but are not a reason for eviction.

How To Use A Notice To Quit

The "nonpayment" and "termination of tenancy" forms are simple to fill in. Forms for "health hazard" and "physical injury" must be detailed and specific in the space for explanation, so the tenant knows exactly what to do to set things straight. A sloppy statement of the problems could cause the later eviction complaint to be dismissed. It is best to use a typewriter in all cases.

How To Serve A Notice To Quit

The original notice is "served" on the tenant in one of several ways:

Length / Durtation Of A Notice To Quit

3510 Faunce Student Services Bldg.
Western Michigan University
Kalamazoo, MI 49008-5077
Phone: (616) 387-2336
Fax: (616) 387-2325

Original HTML by Timothy Strunk