Escanaba, MI asked in Real Estate Law for Michigan

Q: I just got a 30 day notice on a month to month rental, under covid do I have any rights?

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Howell, MI
  • Licensed in Michigan

A: Through the end of the year, there are some protections for people who cannot afford to pay rent and fall behind, but there is nothing specific preventing a month to month lease from being terminated with 30 days notice that I'm aware of.

https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf is the affidavit you need to forestall non-payment cases, and you can look to that for guidance about whether or not you may qualify.

IF you meet the criteria for delay of eviction for non-payment of rent, you may also be able to use that to delay eviction, but that is not certain, and in any event, it only continues until the end of December, which frankly is about when an eviction would go through anyway at this point.

Get yourself alternate housing ASAP, and sign a lease for more than 30 days to avoid unexpected eviction!

-- 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

David Soble
David Soble
PREMIUM
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: That will depend on whether your dealing with a residential or commercial property. Legal protections apply to residential rentals only. With the advent of the recent pandemic, there is a moratorium on residential evictions and foreclosures for certain matters concerning non payment of rent. Generally speaking, an action for possession for non payment of rent has a 7 day notice requirement.

You state that you were served with a 30 day notice which implies that either your lease has ended, or that you have breached your lease agreement under non-monetary provisions. If your breach has something to do with the latter, then you may not be protected by the moratorium.

However, if your landlord is trying to evict you because your lease has ended, or you're on a month-to-month lease, you might be protected by the moratorium.

You should know that the moratorium does not extend to evictions for any of the following reasons:

1. Engaging in criminal activity in your home

2. Threatening the health or safety of other residents

3. Damaging or posing a significant risk to property

4. Not following local health, safety, or building codes or ordinances

5. Not following other terms of your lease.

You need to consult with a real estate attorney to further determine you rights. See www.provenresource.com

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