My tenants are not at the property and no one has been at the property since November. Can I change the lo...

02/01/2007 - Landlord Tenant - State: MI #962

Full Question:

My tenants are not at the property and no one has been at the property since November. Can I change the locks on the property and put their stuff out.

Answer:

We suggest that you first check the terms of the lease regarding abandonment of the premises and/or failure to pay rent. Are the tenants in breach of the terms of the lease?

An estate at will or by sufferance may be terminated by either party by 1 month's notice given 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 time to that in which the rent is made payable.

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.

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.

02/01/2007 - Category: Landlord Tenant - State: MI #962

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