Legal Question in Civil Litigation in Michigan

I have a commercial building lease Month-to-Month with a (30) thirty day vacate notice. Is notice the day of phone conversation to vacate, or date letter is received, or post mark date, or Other ?????

Asked on 3/17/10, 8:05 am

1 Answer from Attorneys

Mark Bello Lawsuit Financial Corporation

Under the law, written notice is "received when sent", but I would not assume that with a landlord; I also would not rely on verbal communication. I would send a notice to vacate, certified, return receipt requested, and use the signed receipt date as notice and as the commencement of the 30 days. If it is the landlord who gave the oral notice and is trying to get you out sooner than later, I would prepare for same and be out of there before 30 days from the oral notice or you may find yourself locked out of your place. What the law says (and what you can recover for breach) is not always the same as what happens in the real, business world. You need to protect yourself. Good luck.

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Answered on 3/22/10, 12:21 pm

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