Q: When a lease term ends and automatically goes "month to month" does the notice to vacate also change over to 30 days?
My daughter's old leasing company changed move out notice on her lease. When she moved in, we signed a digital lease (and so did the leasing agent) but when we got there they wanted us to sign another one because there was an error in the security deposit on the first one. We didn't realize they had also changed the notice to move out on this new lease to 120 days from 60. So she effectively had 2 signed leases that said different things - except they did not give us a copy of the lease we signed in the office, so we thought we were fine with just the first copy we got online, which said 60 days notice. We also didn't receive notice they were keeping our security deposit until I called to find out why it hadn't been sent. Then we found out they sent her information and a bill for "accelerated rent" to a collection agency the day she moved out! Now I'm also wondering if the lease converts to a month to month (we completed the term) do we actually only owe 30 days notice?
A:
The answer to the question posed in the "headline" of your question is yes, under Michigan law an expired lease generally become a month-to-month lease, and 30 days is sufficient notice by the landlord that the lease is being terminated and that the tenant must vacate.
A tenant in a month-to-month tenancy does not necessarily need to give 30 days' notice of the tenant's move.
However, the lease at issue may provide that a holdover tenant does need to give a certain amount of advance notice to the landlord, or face a charge. I would need to see the lease (or leases) to see what the document states.
A:
Much depends on the terms of the actual lease, so without seeing it this is speculation, but yes, if you have a month to month lease, EITHER party -- here's the catch -- ABSENT OTHER AGREEMENT -- has to provide notice equal to the rental period to end the lease.
IF however, the lease said something different about the holdover period, all bets are off.
More importantly something is 'off' with the way your security deposit was handled. If you provided 4 days notice, you HAVE to get an itemization of damages and what if anything is being withheld from your security deposit.
Bottom line: this is WAY more complicated and detailed than this sort of forum can handle, so I'd strongly advise consulting with a LOCAL Landlord/tenant attorney to review the documents and provide you real advice.
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
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