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  1. #1
    RichelleL is offline Junior Member
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    Unhappy Can my landlord kick me out with 30 day notice

    Michigan: I recieved a letter from my landlord monday saying she was selling the house and that she didn't want people in it when she was sellling and we have 30 days to leave. We have completed 1 year in the house and are now in month to month. This is what our lease says: This Agreement shall begin July 1, 2010 and will be in effect until June 30, 2011 for a total of 12 months. Unless terminated, this Agreement shall be automatically renewed monthly thereafter. Either party may terminate this Agreement after the initial year term by giving written notice to the other at least 60 days prior to the end of the calendar month. If lease is terminated prior to June 30, 2011 Tenet is responsible for all remaining rent due under the lease agreement.


    1. Can she actually only give us 30 days notice? We have been ontime with rent and are not behind. If she has to give us 60 days how do I enforce this?

    2. She stated in the letter that we would owe her for 7 days in September. If I move out by the end of the month (my rent is paid through Aug 31st) would I be liable to pay her?
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by RichelleL View Post
    Michigan: I recieved a letter from my landlord monday saying she was selling the house and that she didn't want people in it when she was sellling and we have 30 days to leave. We have completed 1 year in the house and are now in month to month. This is what our lease says: This Agreement shall begin July 1, 2010 and will be in effect until June 30, 2011 for a total of 12 months. Unless terminated, this Agreement shall be automatically renewed monthly thereafter. Either party may terminate this Agreement after the initial year term by giving written notice to the other at least 60 days prior to the end of the calendar month. If lease is terminated prior to June 30, 2011 Tenet is responsible for all remaining rent due under the lease agreement.


    1. Can she actually only give us 30 days notice? We have been ontime with rent and are not behind. If she has to give us 60 days how do I enforce this?

    2. She stated in the letter that we would owe her for 7 days in September. If I move out by the end of the month (my rent is paid through Aug 31st) would I be liable to pay her?
    Yes, you have a month-to-month tenancy. 30 days notice is all she owes you. If you wanted to, leave 30-days is all you would owe her.
  3. #3
    RichelleL is offline Junior Member
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    Even if our lease says 60 days notice is required?
  4. #4
    Gail in Georgia is offline Senior Member
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    Review the attached article which described the different leases in Michigan.

    You initial had a "fixed" lease (i.e., a year lease); since this has now ended, you have a month to month tenancy (sometimes known as a "tenancy at will"). The attached described how this lease can be legally ended (by either party) in the state of Michigan:

    [url=http://www.michiganlegalaid.org/library_client/resource.2005-05-30.1117489737125/html_view]Leases — Michigan Legal Aid[/url]

    A month to month tenancy is fairly easy to terminate by either party. No reason for terminating this need be provided. Thus, even a tenant who has paid their rent faithfully can have this type of lease terminated by the landlord with the appropriate written notice.

    It's important to understand that a landlord can't "kick" anyone out. However, if you do not honor this termination, you would be considered to be a "holdover tenant" and the next step would be for the landlord to file for an eviction through the local court system. Such a step would show up on your credit report, sometimes making it difficult for you to find another place to rent.

    Gail
  5. #5
    Gail in Georgia is offline Senior Member
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    "Even if our lease says 60 days notice is required?"

    In terms of a conflict, state law takes precedence over what a least might state.

    Gail
  6. #6
    Zigner is offline Senior Member
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    Gail - I disagree with you. The original lease agreement (excluding the length) is still in effect. In fact, their contract SPECIFICALLY states that 60 days notice is required AFTER the lease has gone MTM.
  7. #7
    RichelleL is offline Junior Member
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    I guess 30 days it is, but whats the point if having a provision for 60days?

    I guess that just goes to my 2nd question then, will I have to pay her for the 7 day's in September (her date for us to leave is September 7th) if I am out by Aug 31st since she is ending the lease?
  8. #8
    Gail in Georgia is offline Senior Member
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    Yes, the lease states 60 days...however, if the OP will scroll down the attached and highlight "Michigan" they will see the statute that addresses the amount of notice needed to be provided to terminate a tenancy at will (it actually specifies "a month" notice. It will also list a landlords options if there is a holdover issue.

    [url=http://www.landlord.com/eviction-notice-termination-law-guide.htm]Landlord.com Eviction Notice Termination Law Guide By State[/url]

    Often leases may contain clauses that do not jive with a particular states statutes.

    Gail
  9. #9
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by RichelleL View Post
    I guess 30 days it is, but whats the point if having a provision for 60days?

    I guess that just goes to my 2nd question then, will I have to pay her for the 7 day's in September (her date for us to leave is September 7th) if I am out by Aug 31st since she is ending the lease?
    Absolutely not. you do not have to pay for 7 days you did not reside there. start thinking about your deposit and document (pictures) state of residence when you leave.

    I expect you will have to sue her for your deposit, if it is in fact due to you.
  10. #10
    John_DFW is offline Member
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    Quote Originally Posted by Zigner View Post
    Gail - I disagree with you. The original lease agreement (excluding the length) is still in effect. In fact, their contract SPECIFICALLY states that 60 days notice is required AFTER the lease has gone MTM.
    I agree 100%.

    The lease notification does not conflict with the state law and is not an illegal clause.

    The state law is a minimum requirement. If the lease had specified less than 30 day it would have been an illegal clause and unenforceable and the state law would have prevailed.

    In this case the lease is valid.

    Unfortunately for the OP that may not prevent the landlord from filing for eviction, and even if the tenant wins is time and effort taking away from the property search and packing.

    I would point out the lease clause to the landlord in writing, and might be worth requesting a cash for keys for a move out prior to the 60 days.
  11. #11
    RichelleL is offline Junior Member
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    Legal Advice

    Just spoke to a real estate lawyer here in town and they said that that I could send her a letter stating I have 60 days to move out, they can send it too (would cost me 180.00). UGH! I also think Im going to have to sue her for the deposit she is claiming that I didn't keep the yard up to her standards.
  12. #12
    RichelleL is offline Junior Member
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    Quote Originally Posted by Gail in Georgia View Post
    Yes, the lease states 60 days...however, if the OP will scroll down the attached and highlight "Michigan" they will see the statute that addresses the amount of notice needed to be provided to terminate a tenancy at will (it actually specifies "a month" notice. It will also list a landlords options if there is a holdover issue.

    [url=http://www.landlord.com/eviction-notice-termination-law-guide.htm]Landlord.com Eviction Notice Termination Law Guide By State[/url]

    Often leases may contain clauses that do not jive with a particular states statutes.

    Gail
    I did read your attachment and I would think this applies only when a lease doesn't specifically address this situation, or if it states that less then 30 days is to be given.

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