SB-0065, As Passed House, May 2, 2012
SENATE BILL NO. 65
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 2004 PA 106.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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
only if a formal police report has been filed
by the landlord
alleging that the person has
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 does not take effect
unless Senate Bill No. 64 of the 96th Legislature is enacted into