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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
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Experience:  Litigation Attorney
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I live in Michigan and have a month to month lease with a

Customer Question

I live in Michigan and have a month to month lease with a landlord who has since signing the lease sold the property . The new owner wants to evict me unless I sign a new lease and has given me 30 day VERBAL notice to quit. My lease with the previous landlord does not contain a provision for any notice to quit and there is no expiration date for month to month status. Does the new owner have to honor the lease I have with the previous owner or can he demand a new lease be signed?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

For a month to month lease, it is very easy for your landlord to terminate the lease. In most situations all your landlord needs to do is simply give you notice and no particular reason is necessaryn(although acting on discriminatory or retaliatory motives is illegal). Again, a landlord can simply give you a written notice to move, allowing one month notice as required by Michigan law and specifying the date on which your tenancy will end.

Your landlord may legally provide less notice if you have not paid rent, if you have violated other terms of your rental agreement (for example,bringing in an unauthorized tenant), or if you have violated basic responsibilities imposed by law (such as by dealing drugs on the rental property). See below for Michigan Statute.

The notice given by your landlord is insufficient if it was done orally as Michigan law requires a written notice to quit. All written notices must contain the following information:

(1) Address of the rental property (2) Name of the tenant (3) Reason for the eviction (4) Time for compliance (5) Date of the notice (this is not necessary for a month to month notice to end tenancy) (5) Signature of the landlord.

A notice can be served personally on the tenant or on a member of the tenant’s household who is of suitable age and who must be advised to deliver the notice to the tenant; or by first class mail to the tenant. If mailed, the notice period begins the day after the notice is mailed, excluding weekends and holidays.

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.

(4) If a tenant holds over after a lease is terminated pursuant to a clause in the lease providing for termination because the tenant, a member of the tenant's household, or other person under the tenant's control has manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises, the landlord may terminate the tenancy by giving the tenant a written 24-hour notice to quit. This subsection applies only if a formal police report has been filed alleging that the person has unlawfully manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises. For purposes of this subsection, "controlled substance" means a substance or a counterfeit substance classified in schedule 1, 2, or 3 pursuant to sections 7211 to 7216 of the public health code, 1978 PA 368, MCL(###) ###-####to(###) ###-####

Please let me know if you have any further questions or let me know if you would like additional services. If not, please positively rate my answer as it is the only way I will be compensated for my work. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic).

Expert:  Christopher B, Esq replied 1 year ago.
To clarify the rest of your questions (just to make it a bit clearer), yes the new landlord does have to honor the lease from the previous owner but as I described in my first answer this lease can be broken with 30 days notice and no reason needs to be given. The previous lease did not have to contain a notice to quit provision as it is inherent in the law. A tenant does not get to stay in place indefinitely as you really only have a month lease that renews every month. The landlord only must give 30 days notice to end the tenancy (you can cancel the tenancy each month as well without any repercussions). The notice the landlord did give if it was oral is insufficient and the 30 days to move out will start when the actual written notice is given according to my previous answer. The new lease (most likely a year) if you decide to agree to it, will give you the protection you are seeking in this question and this new lease cannot be terminated before the year unless you break the language in the lease or do not pay rent.
Please let me know if you have any further questions. If not, please positively rate my answer if satisfied.
Expert:  Christopher B, Esq replied 1 year ago.
I see you have reviewed my answer, do you have any further questions? If not, please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
Expert:  Christopher B, Esq replied 1 year ago.
Do you need help with the rating system? We answer these questions with the expectation that our work will be compensated by the site. Without your positive rating that won't happen, so if you could take the extra step and help me out, I would appreciate it. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.
Expert:  Christopher B, Esq replied 1 year ago.
Is there any chance for a positive rating? Please let me know as I would like to earn a positive rating from you.

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