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  1. #1
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    May 2011
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    Default 30 Days to Vacate Instead of 60 Days on a Month to Month Lease in Michigan

    Is there anyway to get around this? I'm moving next month and don't want to pay rent for 2 places. I've been doing month to month for a year now as I was planned on moving into a condo once I found a place that I liked. I guess I should have asked the management before but I just assumed it was 30 days. Thanks in advance.

  2. #2
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    Jan 2006
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    Default Re: 30 Days to Vacate Instead of 60 Days on a Month to Month Lease in Michigan

    first, what does your lease state ]

    and then,

    other than that, I haven't found anything definite, yet, but what I have found suggests a 30 day notice it all that is required for a month to month tenancy.

    this is the closest I can find that might be considered authoritative:

    http://www.michiganlegalaid.org/libr...7125/html_view

    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.
    here we go:

    GENERAL PROVISIONS.


    554.134 Termination of estate at will or by sufferance or tenancy from year to year.
    Sec. 34.

    (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.
    a one month notice is required per the state law.

  3. #3
    Join Date
    May 2011
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    68

    Default Re: 30 Days to Vacate Instead of 60 Days on a Month to Month Lease in Michigan

    Quote Quoting sonyab523
    View Post
    Is there anyway to get around this? I'm moving next month and don't want to pay rent for 2 places. I've been doing month to month for a year now as I was planned on moving into a condo once I found a place that I liked. I guess I should have asked the management before but I just assumed it was 30 days. Thanks in advance.
    Look at your lease and if it does not address how and when you are to notify then it appears that MI law asserts 30 days. I would put that in writing and hand it to your LL backed up by a second copy via certified mail to the address you had paid your rent.

  4. #4
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    Default Re: 30 Days to Vacate Instead of 60 Days on a Month to Month Lease in Michigan

    I would interpret that statutory language as applying in the absence of a lease or after the expiration of a lease. But if there is a lease providing that sixty days notice is required, even if that comes at the end of an initial one year term or if the lease was always otherwise month-to-month, I would not be surprised to see the court to uphold the provision. That is, the sixty day period effectively transforms this from being a true at-will month-to-month arrangement to one in which (assuming they otherwise comply with the lease) the parties are respectively promised a tenant and a tenancy for a term of not less than the next sixty days.

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