Michigan Rent Increase Notice
In Michigan a landlord must give at least one month's notice, measured by the rent interval, to raise the rent on a month-to-month tenancy (MCL 554.134). Local rent control is preempted. Attorney review available.
Introduction
Michigan measures a rent increase notice by the rent interval itself. A month-to-month tenant holds an estate at will, and under MCL 554.134 either party may end that estate by giving one month's notice; when rent is payable at intervals of less than three months, the notice must equal the interval between the times of payment, which for a monthly tenant is one month. Michigan has no rent-increase statute of its own, so a landlord raises the rent by giving that notice to end the current tenancy and offering a new tenancy at the higher rent. A rent increase notice names the new monthly rent and the date it begins, and the higher rent applies only once the notice period runs. The statute is forgiving on dates: a notice is not void merely because it states a termination day that does not line up with the start or end of a rental period, and the notice takes effect at the end of a period equal to the payment interval. On the amount, Michigan preempts local rent control: a local government may not enact, maintain, or enforce an ordinance controlling the amount of rent charged for private residential property (MCL 123.411). There is no statewide cap, so the landlord sets the figure. Rent under a fixed-term lease cannot rise mid-term unless the lease allows it, because MCL 554.134 governs an estate at will or by sufferance, not a lease still inside its fixed term. DocDraft builds your Michigan rent increase notice from your facts, with attorney review available before you serve it.
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Key Things to Know
- 1
A rent increase notice is a written notice a Michigan landlord gives a tenant to raise the rent on a month-to-month tenancy, stating the new monthly rent and the date the increase takes effect.
- 2
A month-to-month tenant holds an estate at will; either party may end it on one month's notice, and when rent is paid at intervals of less than three months the notice equals the payment interval (MCL 554.134).
- 3
Michigan has no rent-increase statute of its own, so a landlord raises rent by giving that notice to end the current tenancy and offering a new tenancy at the higher rent.
- 4
A notice is not void merely because it states a termination day that does not line up with a rental period; it takes effect at the end of a period equal to the payment interval (MCL 554.134).
- 5
Michigan preempts local rent control: a local government may not enforce an ordinance controlling the amount of rent for private residential property (MCL 123.411).
- 6
There is no statewide cap, so a Michigan landlord may set the new figure once the required notice is given.
- 7
Rent under a fixed-term lease cannot rise mid-term unless the lease allows it; MCL 554.134 governs an estate at will or by sufferance, and a notice shorter than the required period does not take effect until a proper period runs.
Key decisions before you file
Before you file a Rent Increase Notice in Michigan, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
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Michigan Requirements for Rent Increase Notice
Notice Measured by the Rent Interval
A month-to-month tenant holds an estate at will. Under MCL 554.134 either party may end it on one month's notice, and when rent is payable at intervals of less than three months the notice equals the interval between the times of payment, which for a monthly tenant is one month. The effective date must leave the tenant at least that period.
End and Re-Offer the Tenancy
Michigan has no rent-increase statute of its own, so a landlord raises rent by giving the MCL 554.134 notice to end the current tenancy and offering a new tenancy at the higher rent. The increase takes effect at the end of a period equal to the payment interval.
A Mismatched Termination Day Does Not Void the Notice
Under MCL 554.134 a notice is not void merely because it states a termination day that does not line up with the start or end of a rental period. The notice still takes effect at the end of a period equal to the interval between the times of payment.
No Statewide Cap
Michigan has no statewide rent cap. A landlord may set the new amount once the required notice is given. MCL 554.134 governs the notice period, not the dollar figure of the increase.
Local Rent Control Is Preempted
Michigan preempts local rent control statewide: a local governmental unit may not enact, maintain, or enforce an ordinance controlling the amount of rent charged for private residential property (MCL 123.411). A landlord setting a new rent is not limited by any local cap.
No Mid-Term Increase on a Fixed Lease
Rent set by a fixed-term lease cannot rise during the term unless the lease allows it. MCL 554.134 governs an estate at will or by sufferance, not a lease still inside its fixed term, so a rent increase reaches a month-to-month tenancy or takes effect at renewal.
What the Notice Must State
The notice should name the landlord and tenant, give the rental address, list the current and new monthly rent, and state an effective date that leaves at least one month, or a full payment interval, as MCL 554.134 requires. A clear date and delivery record show the notice met the Michigan rule.
Short Notice Does Not Take Effect
A rent increase served with less than the required notice does not begin on the stated date. Under MCL 554.134 the increase takes effect at the end of a period equal to the payment interval, at least one month for a monthly tenant, and a tenant may keep paying the prior rent until then.