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Yolanda
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| Joined: | Wed Mar 1st, 2006 |
| Location: | Texas USA |
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Posted: Fri Mar 21st, 2008 01:20 am |
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You do not want to give him until May 31st to vacate. If he is giving you a hard time now, it might get worse. You state you have already given him notice in writing that he can stay until May 31st. As OH LL suggested, see if you can rescind the notice and give him a 30 day notice to vacate. If not, and he continues giving you a difficult time and becomes a nuisance, you might be able to give him notification and eventually give him notice to vacate the premises. In another post there was a Nuisance Notice that an LL was able to have served on a tenant living in her home. I am not familiar with this type notice. Research and read local law and state statutes to find out how to proceed and what your options are. You can also call an attorney or landlord association for advice. Only communicate with this tenant in writing. I am interested because we are moving to MI and I am thinking about buying rental property there. I must be crazy.  Keep us posted!
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OH landlord
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| Joined: | Wed Sep 12th, 2007 |
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Posted: Thu Mar 20th, 2008 03:52 pm |
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In MI, a tenant who is a m2 & pays rent each month only needs a month's notice to terminate. As far as I know, this notice doesn't have to be notarized (nor does the tenant have to accept it!). You could call the clerk of municipal or housing court and ask, they could tell you if it needs notarizing. I found this:
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.
So it looks like you could have even given him notice to vacate in one month and he would have to be out in 30 days (not even the end of April.) If you gave it to him tommorow, he would have to be out by April 21st.
If he gave you notice in writing that he would not accept it, ignore that. (Personally, I would have told him to be out in only 30 days!) If you wanted to be tough, you could offer to rescend the previous notice to vacate and have him sign that, then hand him the 30 day notice. He sounds like a PITA. I wouldn't give him any more time than he was due.
And if he fails to pay rent on the 1st,
554.134 cont'd (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.
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COlandlord
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| Joined: | Mon Feb 4th, 2008 |
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Posted: Thu Mar 20th, 2008 12:12 pm |
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| No...he has no grounds to stand on. Even if you didn't have a lease he is still a month to month tenant and you can still terminate. However, if he fails to vacate by May 31st, you will have to file for eviction. Good luck with your situation!
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toby1234
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| Joined: | Thu Mar 20th, 2008 |
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Posted: Thu Mar 20th, 2008 11:04 am |
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Hi everybody! We have a big problem here in Michigan. We have had a roommate living with us since 2003. We are ready to make a change and no longer want to have a roommate. The lease that he had signed was a simple MADE-EZ form that you can buy at the store. It was not a yearly lease and never specified the length of time that the lease extended. We have copies of this lease, but there was never a witness during the signing.
The lease CLEARLY states:
12. TERMINATION. This Agreement and the tenancy hereby granted may be terminated at any time by either party hereto by giving to the other party not less than one full month's prior notice in writing.
The main reason we no longer want this person here is because we are tired of dealing with a roommate. We can now financially afford to live on our own. In addition, this person has become a real pain to live with. He purposely blasts music from his room which is just on the other side of the living room wall and will never clean the bathroom to which he has exclusive use of. He goes out of his way to make our life miserable.
We just provided him with a standard SOCRATES "Notice to Terminate Tenancy" document. We served him with this yesterday, and were even gracious in giving him until May 31st to leave the premises.
Today he provided us with a response that said he will not accept it until it has been notarized, as he did not witness the signing of the document. This is not a problem, because a close friend of our's is a notary! He goes on to ask what lease are we terminating? I assume he is trying to use the fact that we have not been renewing the lease yearly in writing, as it has simply continued upon monthly receipt of payment.
Does he have any ground to stand on here? I mean this is just plain ridiculous. We must have rights, as owners of the property. I mean people don't want to be forced to live with tenants/roommates for the rest of their lives.
Please help us! 
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