No signed lease

[paperflask]

What is the name of your state (MICHIGAN)?

I have a tenant who just moved in July 1st. At the time of move in, they did not sign the 1 year lease but did pay for the entire month of July. They are now refusing to sign the lease. I am assuming this can now be considered "periodic tenancy or tenancy at will." I would like to evict them at this point. I am assuming a 30-day notice is required. My questions are: Can I provide a shorter term notice to evict (7-day)? Can I provide them notice prior to Aug 1st? How much grief is the judge going to give me for not having a lease?

 

[atomizer]

You should not have your applicants take possession until they sign a lease, their check has cleared and you have the total amount of the SD. At this point you can terminate the agreement giving the appropriate notice for a month to month agreement. Count on them leaving by August 30th if a 30 day notice is required.

This was your mistake, use it as a lesson The Judge is not going to give you any grief since many people rent by verbal agreement. Not wise, but it happens.

 

[Banned_Princess]

Periodic tenancy OR tenancy at will:
This type of tenancy is indefinite in duration. It
is created by actual or implied consent.
Usually a month-to-month tenancy, the lease is
considered renewed at the end of each rental
period (month-to-month or week-to-week,
depending on how often rent must be paid).
Termination procedure is governed by statute
and requires notice.

http://www.legislature.mi.gov/documents/publications/tenantlandlord.pdf


This is what I get out of the pamphlet...

first you must serve a 30 day notice that you are not renewing the month to month tenancy at the end of the next 30 days. (for example, if you issue it today, the effective date to be out would be August 31.

Then if they haven't moved out, it appears you would only need to give a 24 hour notice that they are holdovers before you sue them.

Please let me know if you read into it any different.

 

[paperflask]

Thanks for the advice people...everything you have said makes sense. I am assuming this to be a month-to-month agreement and will evict them as such (30 day notice). Just wanted to make sure I was doing everything correctly.