Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 8
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39accepts the rent – the lease is considered
Periodic Tenancy OR Tenancy at Will
renewed for the same fixed term upon the
Advantages: The advantage to the tenant
same conditions.
is that he or she is free from any further
obligation once proper notice of termination
2. Periodic Tenancy OR Tenancy at
is given to the landlord – different housing
Will: This type of tenancy is indefinite in
arrangements can be made more quickly.
duration. It is created by actual or implied
The same advantage is true for the landlord;
consent. Usually a month-to-month tenancy,
he or she may decide to no longer rent to the
the lease is considered renewed at the end of
tenant if the same proper notice is given.
each rental period (month-to-month or
week-to-week, depending how often rent
Disadvantages: The disadvantage to the
must be paid). Termination procedure is
tenant is that the landlord, with proper
governed by statute and requires notice.
notice, can also raise rent. The disadvantage
to the landlord is that he or she is not
3. Tenancy at Sufferance OR Holdover
provided with any certainty as to how long
Tenancy: This type of tenancy is created by
the tenant will remain.
operation of law only. A tenant holds
possession after his or her legal right to
THE LEASE
possession has ended (oftentimes based on
Q1 Are there advantages to a written
landlord’s failure to act). The person is just
lease?
short of being considered a trespasser. The
elements: (a) the tenant entered into
Although it is common for tenants to
possession lawfully, (b) the tenant’s legal
sign some type of written agreement, a lease
right to possession has ended, and (c) the
is not always put in writing. Sometimes it is
tenant remains without the landlord’s
nothing more than an oral agreement as to
consent.
the move-in and move-out dates, the address
of the rental property itself, and the amount
Q2 Are there advantages and
of the rent, and when it must be paid.
disadvantages to the different types of
However, if the lease agreement is for a
tenancies?
period of more than one year, an oral lease is
Fixed-Term Tenancy
not an option – it must be put in writing to
Advantages: The advantage to the tenant
comply with the Statute of Frauds (Michigan
is that the rental period is fixed and the
Compiled Laws [MCL] 566.106).
rental amount is stable; the landlord may not
Whether there is a fixed-term tenancy or
regain possession or raise the rent, with few
a periodic tenancy, it is best to have a
exceptions. The advantage to the landlord is
written record of the rental agreement. A
that that the tenant is committed to pay rent
written record is a permanent record that
for a specified period of time; the tenant is
may be used for reference if
bound by the lease terms, with few
misunderstandings arise – and they do. In
exceptions.
the absence of a written lease, signed by
Disadvantages: The disadvantage to the
both the landlord and the tenant, it is
tenant is that he or she is bound by the lease
advisable to keep a personal written record
term and may not simply move without
of the agreement.
remaining liable for the rent. The
disadvantage to the landlord is that he or she
is stuck with the tenant until the lease term
ends.
T e n a n t s a n d L a n d l o r d s R e s o u r c e G u i d e
Page 6
ADVERTISEMENT
0 votes
Related Articles
Related forms
Physics Phy231 Exam 2 Section 2 Form D With Answers - Michigan State University Department Of Physics And Astronomy - Spring 2013
Education
Michigan State University - Academic Specialist Recommendation For Reappointment, Promotion Or Award Of Continuing Appointment Status
Letters
Msu-celc Practice Test 3 For The Certificate Of English Language Competency - Michigan State University
Education
Related Categories
Parent category: Legal