Bill Text: MI SB0546 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Housing; landlord and tenants; provision relating to the termination of lease for certain controlled substance offenders; modify. Amends sec. 34 of 1846 RS 66 (MCL 554.134). TIE BAR WITH: SB 0545'09

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-05-07 - Referred To Committee On Judiciary [SB0546 Detail]

Download: Michigan-2009-SB0546-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 546

 

 

May 7, 2009, Introduced by Senator GARCIA and referred to the Committee on Judiciary.

 

 

 

     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

 

applies only if a formal police report has been filed by the

 

landlord 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. 545                                   

 

          of the 95th Legislature is enacted into law.