M Civ JI 101.01 Termination Action: Explanation of Statutes

This case involves a termination of tenancy. Under the law of this state a landlord may seek to recover possession of the [ house / apartment / [ other ] ] after giving the tenant a proper notice of termination.

In this case, the rent is paid on a [ monthly / weekly / [ other ] ] basis, and therefore the landlord may terminate the tenancy by giving the tenant [ one month’s / one week’s / [ other ] ] notice. This notice of termination must be in writing, and shall be dated and signed by the landlord, [ his / her ] attorney or [ his / her ] agent. The landlord may seek to recover possession of the premises by legal action if the tenant does not move by the end of the notice period.

Comment

Requirements of notice to terminate a tenancy are found in MCL 554.134; MCL 600.5716; and MCL 600.5718. After proper notice, the landlord may recover possession by summary proceedings, MCL 600.5714, unless other defenses are proved, e.g., retaliatory eviction.

History

M Civ JI 101.01 was added April 1, 1981.