Michigan month-to-month notice: one rent period, and 7 days for unpaid rent
In Michigan, a month-to-month tenancy ends when either side gives notice at least one rent period ahead, which is one month for monthly rent (MCL 554.134(1)). When a tenant has not paid, the landlord serves a written 7-day notice to quit or demand for possession (MCL 554.134(2)). The demand states the amount due and the address, and is dated and signed (MCL 600.5716).
How much notice ends a month-to-month tenancy in Michigan?
MCL 554.134(1) gives the rule for a tenancy from period to period: one rent period's notice. For rent paid monthly that is one month, and DoorKeeping's Michigan rules file applies the same one-month notice to the landlord and to the tenant. The notice should be in writing, give the date the tenancy ends, and be kept with the lease.
Example a made-up landlord decides to sell a duplex and wants a month-to-month tenant out by October 31. Rent is monthly, so the written notice has to reach the tenant at least a month before that date. Giving it on October 20 for an October 31 end date is too late; the earliest end date from an October 20 notice falls in late November.
A fixed-term lease is different: it ends on its own date, and a landlord cannot end it early without a reason the lease or law allows. This post is about tenancies with no end date, such as a lease that has expired and rolled to month-to-month.
What does a 7-day notice for unpaid rent require?
MCL 554.134(2) lets a landlord end the tenancy for unpaid rent with a written 7-day notice to quit or demand for possession. Under MCL 600.5714 that is the step before a landlord asks a court for possession. MCL 600.5716 says what the demand must contain: the amount due, the address of the home, and the date and signature of the person giving it.
- Work out exactly what is unpaid from the tenant ledger: rent only, not late fees you have not confirmed are allowed. See Michigan's late fee rules.
- Write the demand with the amount, the address, the date and your signature.
- Deliver it and keep proof of when and how.
- Count seven days. If the tenant pays in full inside the period, record the payment and stop.
- If the tenant does not pay, the next step is a court filing, not a lockout.
A wrong amount is the most common mistake. If the demand is for more than is actually owed, the tenant has an argument that it is not valid. Accuracy is cheaper than starting over.
What about the deposit when the tenant leaves?
Ending the tenancy starts the deposit process. Michigan's deadline and the list you must send are in Michigan security deposit laws for landlords. Keep the move-out date in your records from the day notice is given, because the later steps count from it.
What does this post not cover?
DoorKeeping's Michigan rules file did not find a state notice period before a landlord enters, and a notice before a rent increase is recorded as none (MCL 554.633(1)(l)). Cities may add rules. This post covers only the two notices above. Always check the current statute, because the Michigan legislature changes landlord-tenant sections from time to time.
How DoorKeeping handles it
DoorKeeping keeps a ledger per tenant, so the unpaid amount you write on the demand matches your books, and it keeps late fees within your state's cap. The lease is kept with the unit and messages to the tenant stay in its message history. It does not serve notices or file cases. DoorKeeping gives general information, not legal advice. Laws change and cities can add rules, so check the current law for your state and your property before you act, and talk to a local attorney if a case is contested.
Sources
Questions
- How much notice does a landlord give to end a month-to-month tenancy in Michigan?
- One rent period's notice, which is one month for monthly rent (MCL 554.134(1)).
- How long is the notice for unpaid rent in Michigan?
- Seven days, a written notice to quit or demand for possession (MCL 554.134(2)).
- What must the demand for possession say?
- The amount due and the address, and it must be dated and signed (MCL 600.5716).
- Does the tenant give the same notice?
- DoorKeeping's Michigan rules file applies the same one-month notice to the tenant under MCL 554.134(1).