HOUSE BILL No. 4847

 

 

July 12, 2017, Introduced by Rep. Lucido and referred to the Committee on Local Government.

 

     A bill to amend 1846 RS 66, entitled

 

"Of estates in dower, by the curtesy, and general provisions

concerning real estate,"

 

by amending section 34 (MCL 554.134), as amended by 2012 PA 140.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 34. (1) Except as otherwise provided in this subsection,

 

a landlord may adjust rent or other terms of a tenancy at will or

 

by sufferance by giving 1 month's notice to the tenant. 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 adjustment to take effect that does not correspond to

 

the conclusion or commencement of a rental period. The adjustment

 

takes effect at the end of a period equal in length to the interval

 

between times of payment.

 


     (2) (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.

 

     (3) (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.

 

     (4) (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 terminates the lease at the

 

expiration of 1 year from the time of the service of the notice.

 

     (5) (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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.