Tenant-Landlord Laws in Michigan: Early Termination of Lease

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Michigan landlord and tenant laws create specific circumstances that allow a landlord to terminate a lease before the end of the agreement. An early termination of the lease agreement often precludes eviction filing in Michigan. The lease agreement may also have specific circumstances which allow early termination of the lease by the landlord or tenant.

Act 348

  • The primary law governing landlord and tenant relationships in Michigan is Act 348 of 1972. This act covers many different types of landlord and renter responsibilities and rights, as well as the recourse provided to both parties in the event that a disagreement occurs.

Mutual and Tenant Termination

  • Month to month leases in Michigan can be terminated by the landlord or the tenant. Mutual termination agreements may also be present in the lease terms of fixed length rentals. A mutual termination allows one party to provide the other party with a lease agreement termination notice. The notice period equals the length of the lease term, so in a month to month lease the period is 30 days.

    Another type of lease termination that a tenant initiates is called a constructive eviction. A Michigan landlord is required to keep the rental unit in a livable condition. The rental unit needs working water, electrical and heating systems as well as no damage that presents a major inconvenience to the tenant. Michigan law requires the tenant to give the landlord notice of needed repairs and to make arrangements to let the landlord or his maintenance crew on the property for the repairs. If the landlord does not make the repairs, a second notice can be given stating the landlord is not fulfilling his legal obligations in the lease agreement. The tenant can use a constructive eviction defense in court if the landlord tries to claim the tenant is not paying rent once he leaves.

Nonpayment

  • If a Michigan tenant does not make timely rent payments, the landlord has the option of sending a notice to demand the rent payment. Michigan law gives the tenant seven days, at minimum, to pay the owed rent. If the tenant does not provide the rent payment by the seventh day, the landlord is free to pursue an eviction action as the lease has now terminated.

Holding Over

  • Michigan leases that have a specific term are not automatically renewed. If the tenant does not renew his lease agreement, or the landlord does not wish to renew the lease agreement, the lease terminates on the last day of the term. The Michigan landlord can pursue eviction action for a tenant "holding over" past the specific lease term.

Damage and Lease Violations

  • The tenant is required to follow all rules and regulations in place in the lease agreement. Common lease clauses include parking spaces, guests in the home and pets. A Michigan landlord can terminate the lease if the tenant violates the lease and does not attempt to fix the problem. The tenant can also be evicted for causing property damage, lowering the property value and not keeping the home reasonably clean.

References

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