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  1. #1
    Join Date
    Apr 2005
    Location
    Lansing, MI
    Posts
    1

    Default 30 day written notice

    I have been renting at a place in for 3 and a half months now. On my lease it states that my lease shall be for 3 months beginning the 1st day of February. To me, that tells my move out date, which would be the 1st day of May. It also states that "Resident's tenancy sall be from month to month if Resident continues in posession after the end of this leaseand the continuation of posession is with Management's prior consent.

    My landloard is now trying to tell me that because I haven't given 30 days written notice that I will have to pay an extra months rent because our rent has gone on a month to month basis.

    Also we paid all of our rent on the day that we moved in. Now they are trying to charge us extra money.


    Is this possible?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Michigan Tenancy

    Under Michigan law,
    Quote Quoting MCL 554.134(1)
    Except as provided otherwise in this section, an estate at will or by sufferance may be terminated by either party by 1 month's notice given 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 time to that in which the rent is made payable.
    That means that, on a month-to-month tenancy, you must give a full months' notice. If you give notice on the 4th of one month, you pay rent through the 4th of the following month. If you give notice on the 23rd, you pay through the 23rd of the following month. The statute requires notice, not written notice. The lease may specify how notice is to be given, assuming it remains in effect after the initial three month period, so check its terms.

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