Michigan Landlord

[Lindy4555]

I have a lease by a County Landlords Association that states the
TERM: The term hereof shall commence August 11, 2007, and continue for a period of twelve (12) months terminating on August 1, 2007, and to continue on a month-to-month basis (hereafter), until either party shall terminate the same by giving the other party sixty (60) days written notice or as otherwise provided by law.

Now I have a tenant who gave a a one day verbal notice that she has vacated the property and claims she doesn't have to give notice because the lease ends August 1. In all the years I have used this lease I have never had a tenant misinterpret the wriiten notice portion terminating the lease. When the economy was good I usually used the 30 days but it has taken longer to find renters so I changed the notice to 60 days. Does Michigan law state the number of days one is required to give notice and is the tenat required as is the landlord required to give written notice?

In most states the tenant doesn't have to give written notice, but it is encouraged to do so in case there is a disagreement about when notice was given. MI state notice given is the same as the interval between payments. If a tenant pays monthly, they need to give 30 days notice.

Your lease plainly states that it continues on a month to month basis (auto-renews monthly) UNTIL either party gives notice. It does not state that is automatically ends on that date. The tenant failed to give either 30 or 60 days notice (your lease calls for 60). The tenant is responsible for rent for the next 29 days at least. Deduct it from the deposit and itemize this as failure to give notice. (If you re-rent the unit within that time, deduct a prorated amount for the days it is vacant.)

I suggest you emphasize this to tenants at signing, that they must give written notice of at least 30 days PRIOR to the lease ending.