Legal Question in Business Law in Michigan

I am renting a room to someone they pay weekly how long do they have after i ask them to leave to vacate they have no lease


Asked on 1/17/10, 11:45 am

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Were they paying a weekly rate, or were they making weekly payments based on a monthly price, because they couldn't pay it all at once? If their term is "week to week," the notice period is equivalent to their rental term, unless specified otherwise in writing. Since there is no writing, it should be 1 week. Arguably, it could be 30 days, as that is the standard notice time, and most judges will require 30 days, even if a lease says otherwise.

You must give them written notice and use the court forms entitled Notice to Quit and Demand for Possession and serve them. Once the requisite time period has passed (one is 7 days and one is 30 days), then you can file a Complaint with the Court, a hearing date will be set, and you can obtain a possession judgment which contains a move-out date.

You cannot simply give them 30 days notice and then throw their items out. You must comply with Michigan's landlord tenant laws. Go to your local district court if you need the forms or a landlord/tenant packet, as most have them for free. The forms are also on the internet for free.

This answer was based on your tenant renting a residential place from you, not a business. If you are talking about a business, then different rules apply. I'd suggest you retain a lawyer so that you do not violate the laws, which can subject you to liability and monetary penalties, and so you can ensure you recover all of your costs and fees.

next time put it in writing and shorten the notice period. There's simply no reason not to do this.

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Answered on 1/24/10, 11:48 pm


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