Michigan Agreed Termination of Lease and Surrender of Premises
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FAQ
Surrendering by operation of law takes place when a new lease is signed or when the tenant abandons the property and the landlord takes possession. In both cases, the landlord takes over the property after the tenant has moved out.
Surrender clause refers to a lease clause whereby the lessee is given the privilege of surrendering his rights and terminating his liability upon the giving of a stipulated notice or the payment of a designated sum of money, or, in some cases, without either of these formalities.
Notice of Entry Laws in Michigan According to our survey of Michigan landlords, must provide their tenants 24-hour notice before entering the unit.
Surrender of the lease A lease is surrendered when the tenant's interest is transferred back to the landlord and both parties accept that it will be extinguished. This can be done formally, by deed, but this is not always necessary.
A landlord can't force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties.
There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.
Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.
Surrender - If the lease does not contain a break option, it can only be terminated early if the landlord is in agreement with this. This is known as a surrender. It can either be documented in writing, or it can be inferred from the conduct of the landlord and the tenant by "operation of law".
If your landlord wants to end your periodic tenancy, they usually have to give you 90 days' notice. In some cases, your landlord only has to give you 42 days' notice. They will need to tell you the reason why they're giving you less notice though.
If a tenant fails to pay rent, and there is reason to suspect that the tenant may not pay future rent, the landlord may cancel the lease. However, it is not as simple as that. Whether or not the court grants the cancellation depends on the wording of the lease.
