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  1. #1
    Join Date
    Jul 2007
    Location
    Rochester Hills, MI
    Posts
    2

    Default Michigan 30 Day Notice Rule

    This is a very long story I am trying to make short. I have been fighting with my old Landlord since 2001. We were on a month to month lease agreement and when the new management company took over our apartments, they were horrible and we decided to leave. It is standard in Michigan that we give 30 days notice that we are leaving. This was done on 5/29/01. We vacated the apartment on 7/1/01. They are trying to bil me for a whole months rent. This has been sent to the collection agency and it has been disputed since day one. They assigned my account to an attorney and I disputed in writing with them. The attorney stated their client decided to close the file with them, however the collection agency is still pursuing payment. TODAY, 6 years later, they tell me it is because we gave our notice on 5/29/01 and did not vacate until 7/1/01, they admit to retreiving the keys on 7/6/01. Since it was past 30 days, we were required to give another 30 days notice?!? I have read my lease over and over again and do not even see a 30 day notice requirement or that they are able to charge me for another's month rent because we vacated the apartment in 32 days. The only documentation that I find is that the security deposit can be forfeited if 30 days notice is not given. The monthly rent was $670, the security deposit was $149.00 and they are billing me $521. That is the rent, minus the security deposit. Please help!!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Michigan 30 Day Notice Rule

    On your rental agreement, would it be correct that the rental was by calendar month? So a rental period would run from, for example, June 1 through June 30?

  3. #3
    Join Date
    Jul 2007
    Location
    Rochester Hills, MI
    Posts
    2

    Default Re: Michigan 30 Day Notice Rule

    The only thing that is stated is a written 30 day calendar month's notice must be given prior to leaving the apartment. We gave our notice on 5/29/01 and turned in the keys on 7/1/01. The lease was for 3-1-00 thru 2-28-01. That is listed as calendar month.

    Thanks for your help!

  4. #4

    Default Re: Michigan 30 Day Notice Rule

    You were in effect a holdover tenant. In some states that can result in double rent per day. In other states if you stay past the end date you invalidate the notice period. In still other states they can require that a tenancy END at the last day of a rental period..so if you stay past the end of one rental period then you may be obligated through the next one.

    That said, IF they re-rented the property before the end of the period they are charging you for they cannot do that (double dipping).

    CA is the only state that provides for literal day notices..maybe Oregon too not sure but CA is I know. All other states are rental period driven.

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