Farmington, MI asked in Landlord - Tenant for Michigan

Q: I'm on a month-to-month lease with my girlfriend she's moving out the landlord wants me to move out can I stay

I told the landlord that I wanted to stay he says the lease ends on the 31st and I have to move can they still make me move even though I never said I wanted to move

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1 Lawyer Answer
Michael Zamzow
Michael Zamzow
PREMIUM
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Probably. Month-to-month leases, are generally considered a periodic tenancy, those that continue for successive fractions until terminated by proper notice by either party. The beginning date is certain, but the termination date is uncertain--that is--until notice is given. Termination of the lease occurs, following "a full period" of notice, and at the end of the natural lease period. If your tenancy is a periodic tenancy, and if your lease 'term' is from the first of the month to natural month end, and if your landlord provided notice at least before the first, then notice was probably fine. Failure to move out can result in an eventual eviction.

On a practical note, a landlord can generally terminate the tenancy on proper notice, Michigan statute has modified some of the above common law, and the landlord is prohibited from self-help. Its also possible there are SARS-CoV-2 moratoriums on evictions affecting your tenancy. And the original lease, if one exists, could modify the above.

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