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Notice to Quit

Discussion in 'Other Residential Landlord & Tenant Issues' started by Michelle11, May 17, 2018.

  1. Michelle11

    Michelle11 Law Topic Starter New Member

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    Today I was served a Notice to Quit form. In the form I was accused of violating my lease agreements, i.e. the use of motorcycles on the premises and marijuana. I am 100% able to identify two of my neighbors in my building that are the ones responsible for this activity. They have no proof, so I'm not sure what to do next. Do I speak with a lawyer before meeting with the leasing office?
     
  2. army judge

    army judge Super Moderator

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    A notice to quit is simply a request to vacate the premises.

    If you don't voluntarily comply, the landlord will file a formal eviction against you, a deputy will serve you notice of the court action, six to eight weeks later a trial will be held, you'll be formally evicted.

    You might be allowed three to seven more days to leave before the deputies and movers appear to toss you and your stuff to the curb.

    The mere FORMAL filing of an eviction action will destroy your chances to rent decent housing for decades, and your FICO.

    If a negotiated settlement can be reached to avoid a formal eviction NOW would be the time to try it.
     
  3. zddoodah

    zddoodah Well-Known Member

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    "Proof" is merely a quantum of evidence that is sufficient to persuade someone that something is or isn't true. Presumably, your landlord (which is what I assume the reference to "they" means) wouldn't have served the notice unless he/she/it had some evidence.

    I really can't see the point of spending hundreds of dollars in attorneys' fees for something like this Also, your statement that you're going to "meet[] with [someone at] the leasing office" implies that you have at least some idea "what to do next."

    All that being said, the question is whether the notice you received is merely a notice to quit or whether it's something else. If you're a month-to-month tenant, you can be evicted without cause simply by service of a notice (30 days is typical, but it could be shorter or longer, but I don't know the specifics of Michigan law). Alternatively, if you on a lease for a specified term, you can't be evicted before the end of that term unless you have failed to pay rent or otherwise breached the lease, and the law gives the tenant an opportunity to cure for most breaches. The conclusion to be drawn is that, while you're free to try and persuade the landlord that you're not the guilty party here, if you're a month-to-month tenant, then it may not matter.
     
  4. mightymoose

    mightymoose Moderator

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    If the owner wants you out the owner will eventually get you out.
    You can try to kindly explain your point of view, but if the owner is not persuaded and insists that you move it is in your best interest to do so before things get worse.
    It is probably in your best interest to start looking.
     

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