A Michigan lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
Types of Michigan Lease Termination Notice Forms
| Notice Form | Lease Type |
| 7 Day Notice To Terminate Tenancy | Weekly |
| 30 Day Notice To Vacate | Monthly / Yearly |
Michigan 7 Day Notice To Terminate Tenancy
A Michigan 7 Day Notice To Terminate Tenancy terminates a week-to-week lease, as well as situations with no written lease where the tenant pays rent weekly. The non-terminating party must receive notice at least seven (7) calendar days before the termination date.
Michigan 30 Day Notice To Vacate
A Michigan 30 Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease, as well as an expired lease or a situation without a written lease. The non-terminating party must receive notice at least thirty (30) calendar days before the termination date.
How To Write a Lease Termination Notice in Michigan
To ensure the legal compliance of a lease termination notice:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Calculate Expiration Date in Michigan
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
How To Serve a Lease Termination Notice in Michigan
Michigan law is not specific on requirements for delivery of a written lease termination notice, so in most cases landlords and tenants may use any method which results in the actual notification of the other party. Mailed notice is preferred in most cases. The following methods, taken from Michigan’s eviction process, represent the legal gold standard:
- Hand delivery to the other party
- Hand delivery to a family member (tenant) or employee (landlord) of suitable age and discretion who can accept the notice on behalf of the other party
- Delivery by first class mail
- Delivery by electronic means (e.g. email), if both parties have agreed in writing to use that particular form of electronic service
Mailed notice does not begin counting toward a notice period until the next day after mailing that mail is delivered. Electronic notice is begins counting toward a notice period when the receiving party responds to the message.
Sources
- 1 MI Comp L § 554.134
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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.
Source Link - 2 MI Comp L § 554.134
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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.
Source Link - 3 Mich. Comp. L. § 600.5718
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Michigan law prefers mailed notice in most contexts; see, e.g., Mich. Comp. L. § 554.1053(1) (“first-class postage… [or] if the recipient agreed… facsimile transmission, email, or other electronic transmission”); see also Mich. Comp. L. § 554.635(3) (“notices under this section may be given personally or sent by first class or certified mail”). The eviction context is closest to a standard lease termination, and provides a broad spectrum of options for delivery of a notice:====The demand provided for in section 5716 may be served by any of the following means:(a) Personal delivery to the person in possession.(b) Personal delivery on the premises to a member of the family or household or an employee of the person in possession, who is of suitable age and discretion, with a request that it be delivered to the person in possession.(c) First-class mail addressed to the person in possession. If the demand is mailed, the date of service for purposes of this chapter is the next regular day for delivery of mail after the day when it was mailed.(d) Subject to subsection (2), by electronic service, if the person in possession has in writing specifically consented to electronic service of the demand and if the consent or confirmation of the consent has been sent by 1 party and affirmatively replied to, by electronic transmission, by the other party.Source Link
