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Michigan holdover tenants: three ways a stay becomes a summary proceedings case

DoorKeeping team

3 min read

Michigan's summary proceedings statute names three holdover situations in MCL 600.5714(1)(c): a tenant who holds over after termination of the lease under a power to terminate in the lease or implied by law, after the term for which the premises were demised, or after termination of the estate by a notice to quit under MCL 554.134. Each leads to the same court process.

The three holdover grounds

  1. After termination of the lease "pursuant to a power to terminate provided in the lease or implied by law" (5714(1)(c)(i)).
  2. After "the term for which the premises are demised to the person or to the person under whom he or she holds" (5714(1)(c)(ii)).
  3. After "the termination of the person's estate by a notice to quit as provided by section 34 of 1846 RS 66, MCL 554.134" (5714(1)(c)(iii)).

Item 2 is the classic expired-lease holdover. Item 3 is the month-to-month path: you give a notice to quit, and when it runs out, the tenant who stays is in a holdover.

How long is the notice to quit?

MCL 554.134(1): an estate at will "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." The 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," and it ends the tenancy at the end of a period equal in length to the interval between payments.

Example a made-up Lansing tenant pays monthly on the 1st. The owner serves a notice to quit on Monday, May 3. One month's notice means the tenancy can end on or after June 3. The owner then serves a demand for possession and, if the tenant stays, files. Under MCL 600.5718, first class mail is served on the next regular day for delivery of mail after mailing.

What must the written demand say?

MCL 600.5716: the demand for possession or payment must be in writing and addressed to the person in possession, give the address or a brief description of the premises, clearly state the reasons for the demand and the time to take remedial action, state the amount due where nonpayment is claimed, and be dated and signed by the person entitled to possession, an attorney or an agent. Serve it as MCL 600.5718 allows: personal delivery, delivery to a household member or employee on the premises, first class mail, or electronic service by written consent.

Can you charge a holdover rate?

The sections read for this post set no statutory double-rent rule for Michigan residential holdovers. A holdover rate is a lease term, so write it clearly and keep it reasonable. Remember the unlawful interference rules of MCL 600.2918, which cover changing locks without immediately providing keys, removing doors and shutting off essential services; a holdover is not an exception. One habit protects you in every state: decide before the lease ends whether the tenant is staying, leaving or moving to month-to-month, put that decision in writing, and be careful about what you do with rent that arrives after the end date.

How DoorKeeping helps in Michigan

DoorKeeping keeps each lease's end date, renewal offer and ledger together, so you can ask Claude or ChatGPT which leases ended last week and who is still living in the unit. Anything that goes to a tenant waits for your one-tap approval. DoorKeeping never holds your money and sends a payment only when you approve it. This is general information, not legal advice: check the current statute and your own lease.

Sources

  1. Michigan Compiled Laws 600.5714, Summary proceedings to recover possession of premises (Michigan Legislature), read Oct 30, 2026
  2. Michigan Compiled Laws 554.134, Termination of estate at will (Michigan Legislature), read Oct 30, 2026
  3. Michigan Compiled Laws 600.5716, Demand for possession or payment, form and contents (Michigan Legislature), read Oct 30, 2026
  4. Michigan Compiled Laws 600.5718, Demand for possession or payment, service (Michigan Legislature), read Oct 30, 2026
  5. Michigan Compiled Laws 600.2918, Liability for unlawful interference with possessory interest (Michigan Legislature), read Oct 30, 2026

Questions

Can a Michigan landlord start summary proceedings against a holdover tenant?
Yes. MCL 600.5714(1)(c) covers holding over after termination of the lease, after the term, or after a notice to quit under MCL 554.134.
How long is Michigan's notice to quit?
One month, or an interval equal to the time between rent payments where rent is payable at periods of less than three months (MCL 554.134).
Does Michigan have a double rent holdover statute?
Not in the sections read for this post.

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