Michigan Statewide Rule
Michigan Month-to-Month Termination (MCL 554.134)
Key Facts
- Month-to-month notice
- 1 month (either party)
- Short-interval rule
- Notice equals rent interval if under 3 months
- Nonpayment
- 7-day notice to quit (MCL 554.134(2))
- Year-to-year
- Notice ends lease 1 year from service
- Statute
- MCL 554.134
Summary
Either party may end a Michigan estate at will or month-to-month tenancy by giving one month's notice. When rent is payable at intervals shorter than three months, the notice need only equal the interval between rent payments, so a true month-to-month tenancy requires one month's notice from landlord or tenant.
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. (2) If a tenant neglects or refuses to pay rent on a lease at will or otherwise, the landlord may terminate the tenancy by giving the tenant a written 7-day notice to quit. (3) A tenancy from year to year may be terminated by either party by a notice to quit, given at any time to the other party. The notice shall terminate the lease at the expiration of 1 year from the time of the service of the notice.
Full Breakdown
MCL 554.134(1) provides that "an estate at will or by sufferance may be terminated by either party by giving 1 month's notice to the other party." The same section adds that if the rent reserved 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," tying the notice to the rental period. A 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." For nonpayment, MCL 554.134(2) allows the landlord to terminate by a written 7-day notice to quit. A year-to-year tenancy is terminated by notice that ends the lease one year from service.
Violations & Penalties
No specific statutory penalty. A termination without the required notice is ineffective and cannot support a summary-proceedings eviction (MCL 554.134).
Frequently Asked Questions
How much notice ends a month-to-month tenancy in Michigan?
Does the termination date have to match the rent due date in Michigan?
Sources
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