Bill Text: MI SB0065 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Housing; landlord and tenants; termination of lease for certain controlled substance offenders if police report is filed; allow filing by person other than landlord. Amends sec. 34 of 1846 RS 66 (MCL 554.134). TIE BAR WITH: SB 0064'11
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-05-23 - Assigned Pa 0140'12 With Immediate Effect [SB0065 Detail]
Download: Michigan-2011-SB0065-Chaptered.html
Act No. 140
Public Acts of 2012
Approved by the Governor
May 22, 2012
Filed with the Secretary of State
May 22, 2012
EFFECTIVE DATE: May 22, 2012
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Senators Schuitmaker and Jones
ENROLLED SENATE BILL No. 65
AN ACT 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 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 does not take effect unless Senate Bill No. 64 of the 96th Legislature is enacted into law.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
