Revised Statutes of 1846
R.S. of 1846
554.134 Termination of estate at will or by sufferance or tenancy from year to year.
Sec. 34.
(1) Except as provided otherwise in this section, an estate at will or by sufferance may be terminated by either party by giving 1 month's notice to the other party. If the rent reserved in a lease is payable at periods of less than 3 months, the time of notice is sufficient if it is equal to the interval between the times of payment. Notice is not void because it states a day for the termination of the tenancy that does not correspond to the conclusion or commencement of a rental period. The notice terminates the tenancy at the end of a period equal in length to the interval between times of payment.
(2) If a tenant neglects or refuses to pay rent on a lease at will or otherwise, the landlord may terminate the tenancy by giving the tenant a written 7-day notice to quit.
(3) A tenancy from year to year may be terminated by either party by a notice to quit, given at any time to the other party. The notice shall terminate the lease at the expiration of 1 year from the time of the service of the notice.
(4) If a tenant holds over after a lease is terminated pursuant to a clause in the lease providing for termination because the tenant, a member of the tenant's household, or other person under the tenant's control has manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises, the landlord may terminate the tenancy by giving the tenant a written 24-hour notice to quit. This subsection applies only if a formal police report has been filed alleging that the person has unlawfully manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises. For purposes of this subsection, "controlled substance" means a substance or a counterfeit substance classified in schedule 1, 2, or 3 pursuant to sections 7211 to 7216 of the public health code, 1978 PA 368, MCL 333.7211 to 333.7216.
History: R.S. 1846, Ch. 66 ;-- CL 1857, 2807 ;-- CL 1871, 4304 ;-- How. 5774 ;-- Am. 1885, Act 162, Eff. Sept. 19, 1885 ;-- CL 1897, 9257 ;-- CL 1915, 11812 ;-- CL 1929, 13492 ;-- Am. 1935, Act 145, Eff. Sept. 21, 1935 ;-- CL 1948, 554.134 ;-- Am. 1990, Act 311, Imd. Eff. Dec. 14, 1990 ;-- Am. 2004, Act 106, Eff. Sept. 1, 2004 ;-- Am. 2012, Act 140, Imd. Eff. May 22, 2012
Notes of Decisions
De Bruyn Produce Co. v. Romero, 508 N.W.2d 150 (Mich. Ct. App. 1993).
· cites it 5× “8 To facilitate resort to judicial process, the summary proceedings act provides a procedure in district and municipal courts for the recovery of possession of realty in an expeditious manner. See MCL 600.5735; MSA 27A.5735. Pursuant to MCL 600.”
Ypsilanti Hous. Comm'n v. O'Day, 618 N.W.2d 18 (Mich. Ct. App. 2000).
· cites it 6× “In essence, defendant argues that the case *624 should have been dismissed because the seven-day notice to quit provided by plaintiff was insufficient under Michigan statutory law and was based on a lease provision that is void under the Truth in Renting Act. We agree with…”
In Re MacOmb Occupational Health Care, LLC, 300 B.R. 270 (Bankr. E.D. Mich. 2003).
· cites it 4× “MCLA § 554.134(3). 20 . A bankruptcy estate’s failure to timely surrender leased premises as required by Section 365(d)(4) might also be relevant in determining whether a new landlord/tenant relationship may be implied from the bankruptcy estate’s post-rejection occupancy of the…”
Schewe v. Fairview Estates (In Re Schewe), 94 B.R. 938 (Bankr. W.D. Mich. 1989).
· cites it 2× “Absent the Debtors’ Chapter 13 case, it is unquestioned that the Defendants would be permitted to serve a notice to quit and to undertake proceedings to obtain possession of the mobile home lot.”
Feister v. Bosack, 497 N.W.2d 522 (Mich. Ct. App. 1993).
· cites it 2× “MCL 554.134(1); MSA 26.1104(1) provides *26 the tenant at least thirty days' notice before eviction.”
Gurunian v. Grossman, 49 N.W.2d 354 (Mich. 1951).
· cites it 2× ““Reason for Eviction: Nonpayment of rent— [CL 1948, §§ 554.134, 630.12] Stat Ann §§ 26.1104, 27.”
Blair v. Inside Edition Prods., 7 F. Supp. 3d 348 (S.D.N.Y. 2014).
“) During her deposition, Blah-claimed that she had a valid lease agreement because “a month-to-month never expires.”
Mark Mills v. Cnty. of Lapeer, 498 F. App'x 507 (6th Cir. 2012).
“” Mich. Comp. Laws § 554.134 (1). Here, the County gave notice on May 8 at the latest, which was more than a month before the eviction.”
Matter of Delex Mgmt., 155 B.R. 161 (Bankr. W.D. Mich. 1993).
“§ 554.134, either the Debtors or the Defendants may terminate the tenancy by giving one month’s notice to the other party.”
Erickson v. Bay City Glass Co., 148 N.W.2d 894 (Mich. Ct. App. 1967).
· cites it 5× ““Reason for eviction: Nonpayment of rent — (CL 1948, § 554.134 [Stat Ann 1953 Rev § 26.1104]).”
In Re O.H. Holding Co., 132 B.R. 568 (Bankr. E.D. Mich. 1991).
· cites it 6× “2d 354 (“By the terms of the lease, defendants were tenants from month to month for an indefinite period, a tenancy at will subject to termination [under Mich.Comp.Laws § 554.134 2 ] by 1 month’s notice.”
— Mich. Comp. Laws § 554.134(1) — 10 cases
Feister v. Bosack, 497 N.W.2d 522 (Mich. Ct. App. 1993).
“MCL 554.134(1); MSA 26.1104(1) provides *26 the tenant at least thirty days' notice before eviction.”
De Bruyn Produce Co. v. Romero, 508 N.W.2d 150 (Mich. Ct. App. 1993).
“8 To facilitate resort to judicial process, the summary proceedings act provides a procedure in district and municipal courts for the recovery of possession of realty in an expeditious manner. See MCL 600.5735; MSA 27A.5735. Pursuant to MCL 600.”
Ypsilanti Hous. Comm'n v. O'Day, 618 N.W.2d 18 (Mich. Ct. App. 2000).
“In essence, defendant argues that the case *624 should have been dismissed because the seven-day notice to quit provided by plaintiff was insufficient under Michigan statutory law and was based on a lease provision that is void under the Truth in Renting Act. We agree with…”
— Mich. Comp. Laws § 554.134(2) — 2 cases
— Mich. Comp. Laws § 554.134(3) — 1 case
In Re MacOmb Occupational Health Care, LLC, 300 B.R. 270 (Bankr. E.D. Mich. 2003).
“MCLA § 554.134(3). 20 . A bankruptcy estate’s failure to timely surrender leased premises as required by Section 365(d)(4) might also be relevant in determining whether a new landlord/tenant relationship may be implied from the bankruptcy estate’s post-rejection occupancy of the…”
— Mich. Comp. Laws § 554.134(a) — 1 case
In Re MacOmb Occupational Health Care, LLC, 300 B.R. 270 (Bankr. E.D. Mich. 2003).
“MCLA § 554.134(3). 20 . A bankruptcy estate’s failure to timely surrender leased premises as required by Section 365(d)(4) might also be relevant in determining whether a new landlord/tenant relationship may be implied from the bankruptcy estate’s post-rejection occupancy of the…”
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