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Lease is Expired, Never Signed New Lease, Do I Have to Give 30 Days Notice

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  • 01-31-2009, 12:28 AM
    Bill Brasky
    Lease is Expired, Never Signed New Lease, Do I Have to Give 30 Days Notice
    My question involves landlord-tenant law in the State of: Michigan

    I received a letter from the landlord telling me that I am not on a current lease and that my lease is expired. They wanted me to make an appointment to sign a new lease(preferably a year). I never signed a new lease and never signed any papers indicating I wanted to. Now if I want to move out, do I have to give 30 days notice? I need my deposit back. Can I be held to terms in a lease that they admitted is expired? Can they try to keep my deposit if I don't give notice?
    Thanks
  • 01-31-2009, 01:59 AM
    Bill Brasky
    Re: Lease is Expired, Never Signed New Lease, Do I Have to Give 30 Days Notice
    I just wanted to add, I received that letter in Feb, 08 and I've been paying monthly rent since then but I never signed any month-to-month lease agreement papers or ever talked to them about it. I just kept mailing in the rent and living there.
  • 01-31-2009, 06:30 AM
    LawResearcherMissy
    Re: Lease is Expired, Never Signed New Lease, Do I Have to Give 30 Days Notice
    Quote:

    Quoting Bill Brasky
    View Post
    Now if I want to move out, do I have to give 30 days notice?

    Yes.

    Quote:

    I need my deposit back. Can I be held to terms in a lease that they admitted is expired?
    Yes. By continuing to live there and continuing to pay rent, you created an implied month-to-month agreement which bound you to the same terms, but on a monthly basis rather than for a set term.

    Quote:

    Can they try to keep my deposit if I don't give notice?
    Yes, for unpaid rent.
  • 01-31-2009, 04:22 PM
    Bill Brasky
    Re: Lease is Expired, Never Signed New Lease, Do I Have to Give 30 Days Notice
    Thank you Missy!
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