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Failure To Give Required Notice

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  • 12-29-2005, 12:48 PM
    JeffHale
    Failure To Give Required Notice
    Our Tennant didnt give us 30 day notice before deciding to move out... They gave us a 10 day notice...

    Is it legal to deduct any of the Security deposit for this? I live in Michigan...

    :?:


    Thanks
  • 12-29-2005, 01:10 PM
    Mr. Knowitall
    Rent Due
    You can ordinarily deduct rent owed from the security deposit, along with any damages. But make sure you account for the security deposit and refund any balance in accord with state law. Lots of details are here.
  • 12-29-2005, 01:22 PM
    JeffHale
    Well its not that there living free... its that they only gave us 10 days notice that there moving out...

    They will be out by the first... but we dont really have to much time to get it advertised now... so we might be out a months rent from a new tennant.

    Is it possible to deduct any money for it not being a 30 day notice?
  • 12-29-2005, 01:28 PM
    Mr. Knowitall
    Notice to Move
    If they are month-to-month tenants, they must give one rental period's notice in order to move, which would mean that they would owe an additional twenty days of rent beyond their ten day notice.
  • 12-30-2005, 12:06 AM
    Fxston
    Re: Notice to Move
    Quote:

    Quoting Mr. Knowitall
    If they are month-to-month tenants, they must give one rental period's notice in order to move, which would mean that they would owe an additional twenty days of rent beyond their ten day notice.

    That is assuming that the notice is given on the day before the first day of the last period. The general rule is that notice must be given before the first day of the last period AND be effective with the last day of the period. I believe there is a very small minority of states that operate differently. Therefore 20 days would be the minimum amount of rent owed. But since the possible effective date jumps a full month at a time when it changes, no pro-ration or complicated math is necessary.
  • 12-30-2005, 02:19 PM
    Mr. Knowitall
    Notice in Michigan
    He's in Michigan, so it simply means one rental period's notice, starting on the date notice is given and ending one rental period (i.e., one month) later.
  • 01-01-2006, 01:10 PM
    Fxston
    As long as the bolded caveat doesn't apply:

    2. Month-to-month is automatically renewed at the beginning of each month when the tenant pays the rent and the landlord accepts it. Either the tenant or the landlord may terminate the lease by giving a minimum of 30 days written notice. The 30 days notice can be given on any day of the month, except when there is a lease clause which specifically states that notice of termination must be given on the first or last of the month. Landlords may increase the rent as long as they give written notice at least 30 days prior to the increase. Verbal agreements (leases that are not in writing) are considered month-to-month leases.

    http://michigantenants.org/resource....7062/html_view
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