A Michigan month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of a Michigan Month-to-Month Rental Agreement
In Michigan, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have full rights under Michigan landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Michigan
Michigan landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Michigan leases must provide the landlord’s name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way. Typically includes additional contact information, such as phone numbers and email addresses.
- Truth in Renting Act Disclosure – Michigan residential rental agreements must include a general statement of the rights a tenant has under state law. This requirement is part of the state Truth in Renting Act.
- Move-In Checklist – Landlords must provide tenants with a move-in checklist to take inventory of existing property damage before move-in. This ensures accurate deductions from the security deposit upon move-out.
- Domestic Violence Disclosure – Michigan rental agreements must include a notice of the tenant’s right to end the lease without penalty on grounds of domestic violence. This requires a certified proof of domestic violence victim status and appropriate notice.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Michigan
Michigan lets both the landlord or tenant end a month-to-month lease with at least 30 days of advance notice. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
Michigan requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a Michigan Month-to-Month Lease
Michigan doesn’t specify a notice requirement for rent increase. This means in most cases it’s reasonable for a landlord to keep the same standard advance notice provided for termination or other major lease changes. In Michigan, this is 30 days.
Michigan requires written notice to raise the rent.
Eviction in Michigan Month-to-Month Rentals
Michigan tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in Michigan typically take two to eight weeks.
For more information on the eviction process in Michigan, click here.
Sources
- 1 Mich. Comp. Laws 554.134
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(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 333.7211 to 333.7216.
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