LANDLORD AND TENANT - NOTICE TO TERMINATE - SUBSEQUENT COLLECTION OF RENT AS WAIVER OF NOTICE

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Defendant tenant held under a month-to-month tenancy. On September 12, plaintiff landlord served him with the requisite thirty-day notice to terminate the tenancy. On October 26, plaintiff was awarded possession by default judgment in summary proceedings before the circuit court commissioner. Defendant subsequently posted an appeal bond to stay execution and appealed to the circuit court. While the appeal was pending, plaintiff billed and collected the October rent and utility charges. Defendant claimed that this waived plaintiff's notice. Held, there was no waiver of notice since the Michigan statutes contemplate recovery of rent until the landlord obtains possession. Detroit Webster Hall Co. v. Webster Corner Bar, 294 Mich. 147, 292 N. W. 683 (1940).

Recommended Citation

Michigan Law Review, LANDLORD AND TENANT - NOTICE TO TERMINATE - SUBSEQUENT COLLECTION OF RENT AS WAIVER OF NOTICE, 39 Mich. L. Rev. 1036 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss6/21