Michigan Lease Agreement Moving Law
Landlords and their tenants can use both oral and written lease agreements in Michigan for specified or unspecified terms. Tenants who enter into agreements for specified terms cannot unilaterally terminate their tenancies before the end of their lease-term. The Michigan legislature enacted special laws for senior citizen renters, allowing them legal termination rights for extenuating circumstances.
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Fixed-Term Tenancies
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A specified term agreement is a fixed-term tenancy, and an agreement with an unspecified term is a tenancy at will or periodic tenancy. Each requires different notice requirements, but fixed-term tenancies require legal reasons to terminate the landlord and tenant relationship. To move or relocate, tenants need to legally terminate their lease agreements. Tenants who move without terminating their leases will be liable for future rent payments.
Future Rent Obligations
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Tenants cannot simply move out without properly terminating their lease agreements, and they remain liable for future rent payments until they terminate their lease agreements. Michigan law allows landlords to convert annual tenancies into monthly tenancies when tenants do not terminate their lease agreements at the end of their lease terms.
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Senior Citizens
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Under Michigan law, lease agreements after June 15, 1995, must include special considerations for senior citizens who are no longer capable of living independently. The provisions of this special exception allow senior citizens to terminate their leases unilaterally before the end of their lease terms. Under the special exception, tenants who provide at least 60 days' written notice to their landlords and have lived in their rentals for at least 13 months can move before the end of their lease periods if they are unable to live independently or become eligible for special housing. Tenants who are no longer able to live on their own must provide a notarized medical statement from their physician certifying their needs.
Military Moves
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Michigan allows tenants to terminate their lease agreements by providing at least one month of written notice before termination if they do not have lease agreements for specified terms. However, for military service members, the state does not follow the common law rule of requiring notice before the beginning of the next month. This allows military service members to terminate their lease agreements after providing less than one month's notice. Military personnel will not be liable for an additional month of rent, even if they provide their notice after the next month lease-term begins. For example, military tenants who provide notice to their landlords of their military transfer orders on May 15 will have to pay rent for June but not July; non-military tenants would have to pay rent for July.
Considerations
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Since real estate laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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