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Michigan Is Tenant required to give landlord 30 day notice on a month to month lease?

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mrandmrssell

Junior Member
What is the name of your state (only U.S. law)?Michigan

Tenant and Landlord have a Michigan Month to Month rental lease signed by both parties. The lease does not state a 30 day notice must be given. Tenant calls Landlord three days prior to rent being due and says she can no longer afford to pay rent and that she can be out by the first which is when rent would be due. Tenant moves out and leaves forwarding address. By Michigan law, does tenant need to give a 30 day notice to move out in order to get the security deposit back? Can landlord keep the security deposit for lack of rent due to tenant's failure of giving Landlord a 30 day written notice?What is the name of your state (only U.S. law)?
 


Mrs. D

Member
That's a good question. I reviewed the Michigan LL/Tenant law handbook and the Michigan LL/Tenant act, and all I could find was that seniors and low-income persons were permitted to end their lease with 60 days notice. Maybe try calling legal aid (it looks like Michigan State might run one that you could just call with this question).

There looked to be a provision in the LL/Tenant law that allows the LL to just keep the portion of the SD used to cover unpaid rent (but not for much else, so you might want to keep that in mind in case of damages, it seemed that for damages you still needed a money judgment from the court). You still must actively try to re-rent the apartment ASAP, even if 30 days notice was required.
 

JETX

Senior Member
By Michigan law, does tenant need to give a 30 day notice to move out in order to get the security deposit back? Can landlord keep the security deposit for lack of rent due to tenant's failure of giving Landlord a 30 day written notice?
Terminating party (landlord OR tenant) must give the other 30 day notice.

Applicable 'Michigan General Statute':

554.134 Termination of estate at will or by sufferance or tenancy from year to year.
(1) Except as provided otherwise in this section, an estate at will or by sufferance may be terminated by either party by giving 1 month's notice to the other party. If the rent reserved in a lease is payable at periods of less than 3 months, the time of notice is sufficient if it is equal to the interval between the times of payment. Notice is not void because it states a day for the termination of the tenancy that does not correspond to the conclusion or commencement of a rental period. The notice terminates the tenancy at the end of a period equal in length to the interval between times of payment.

(2) If a tenant neglects or refuses to pay rent on a lease at will or otherwise, the landlord may terminate the tenancy by giving the tenant a written 7-day notice to quit.

(3) A tenancy from year to year may be terminated by either party by a notice to quit, given at any time to the other party. The notice shall terminate the lease at the expiration of 1 year from the time of the service of the notice.

(4) If a tenant holds over after a lease is terminated pursuant to a clause in the lease providing for termination because the tenant, a member of the tenant's household, or other person under the tenant's control has manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises, the landlord may terminate the tenancy by giving the tenant a written 24-hour notice to quit. This subsection applies only if a formal police report has been filed by the landlord alleging that the person has unlawfully manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises. For purposes of this subsection, “controlled substance” means a substance or a counterfeit substance classified in schedule 1, 2, or 3 pursuant to sections 7211 to 7216 of the public health code, 1978 PA 368, MCL 333.7211 to 333.7216.
 

Who's Liable?

Senior Member
Since tenant gave notice 3-days prior to rent being due and not 30-days notice as required. Evict tenant for non-payment of rent in January and sue for one months rent.
 

Mrs. D

Member
Since you say the tenant only gave you 3 days notice, does this mean they notified you on Nov. 27 and moved out by Dec. 1? Based on the statute Jet posted, it looks like you would then have them on the hook for 27 days of rent in December, unless you re-rented the unit before then. I base this on the portion of the law that says notice is not void if the terminating day does not correspond with the end of a rental period. Again, here's the statute regarding withholding security deposit:

554.612 Response to notice of damages.

Sec. 12.

If a landlord claims damages to a rental unit and gives notice of damages as required, the tenant upon receipt of the list of damages shall respond by ordinary mail to the address provided by the landlord as required by section 3 within 7 days, indicating in detail his agreement or disagreement to the damage charges listed. For the purposes of this section the date of mailing shall be considered the date of the tenant's response.

554.613 Action for damages; retention of security deposit; waiver.

Sec. 13.

(1) Within 45 days after termination of the occupancy and not thereafter the landlord may commence an action in a court of competent jurisdiction for a money judgment for damages which he has claimed or in lieu thereof return the balance of the security deposit held by him to the tenant or any amount mutually agreed upon in writing by the parties. A landlord shall not be entitled to retain any portion of a security deposit for damages claimed unless he has first obtained a money judgment for the disputed amount or filed with the court satisfactory proof of an inability to obtain service on the tenant or unless:

(a) The tenant has failed to provide a forwarding address as required by section 11.

(b) The tenant has failed to respond to the notice of damages as required by section 12.

(c) The parties have agreed in writing to the disposition of the balance of the deposit claimed by the landlord.

(d) The amount claimed is entirely based upon accrued and unpaid rent equal to the actual rent for any full rental period or portion thereof during which the tenant has had actual or constructive possession of the premises.

(2) This section does not prejudice a landlord's right to retain any security deposit funds as satisfaction or partial satisfaction of a money judgment obtained pursuant to summary proceedings filed pursuant to chapter 57 of Act No. 236 of the Public Acts of 1961, as amended, being sections 600.5701 to 600.5759 of the Compiled Laws of 1948 or other proceedings at law. Failure of the landlord to comply fully with this section constitutes waiver of all claimed damages and makes him liable to the tenant for double the amount of the security deposit retained.


So, based on this, you can withhold the deposit for rent. For damages you need to send the tenant a statement of damages, and they have a chance to say they didn't do it. If they say they didn't do it, you need a money judgment. Act quickly after the 27th, it looks like you only have 45 days to file the action and must give the tenant 7 days to respond.
 

LearnedHand

Junior Member
First, Last Month Rent and 30 day notice

First and last month's rent protects both parties, when either gives thirty day notice.

If the landlord says Quit (in cases where the rent is paid), he must give 30 days notice, to the Tenant has 30 days to find another place and to move.

Similarly when the Tenant gives 30 day notice the LL has time to find a new tenant and not lose 30 days rent....

In all states the only time a LL can give less than 30 days notice is for non-payment of rent, or maintaining an unlawful nuisance...

LL wins on these facts
 

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