Sec. 3.
(1) Except as otherwise provided in subsections (3) and (4), a person gives a notification or a copy of a notification under this act by doing either of the following:
(a) Depositing it with the United States Postal Service or with a commercially reasonable delivery service, properly addressed to the intended recipient's address as specified in subsection (2), with first-class postage or cost of delivery provided for.
(b) If the recipient agreed to receive notification by facsimile transmission, email, or other electronic transmission, sending it to the recipient in the agreed manner at the address specified in the agreement.
(2) The following rules determine the proper address for giving a notification under subsection (1):
(a) A person giving a notification to an assignee shall use the address for notices to the assignee provided in the document creating the assignment of rents, but, if the assignee has provided the person giving the notification with a more recent address for notices, the person giving the notification shall use that address.
(b) A person giving a notification to an assignor shall use the address for notices to the assignor provided in the document creating the assignment of rents, but, if the assignor has provided the person giving the notification with a more recent address for notices, the person giving the notification shall use that address.
(c) If a tenant's agreement with an assignor provides an address for notices to the tenant and the person giving notification has received a copy of the agreement or knows the address for notices specified in the agreement, the person giving the notification shall use that address in giving a notification to the tenant. Otherwise, the person shall use the address of the premises covered by the agreement.
(3) If a person giving a notification pursuant to this act and the recipient have agreed to the method for giving a notification, any notification must be given by that method.
(4) If a notification is received by the recipient, it is effective even if it was not given in accordance with subsection (1) or (3).
History: 2022, Act 115, Eff. Sept. 22, 2022
Structure Michigan Compiled Laws
Chapter 554 - Real and Personal Property
Act 115 of 2022 - Michigan Uniform Assignment of Rents Act (554.1051 - 554.1070)
Section 554.1051 - Short Title.
Section 554.1052 - Definitions.
Section 554.1053 - Assignment; Notification; Method; Proper Address Rules.
Section 554.1055 - Recording With Register of Deeds; Perfected Security Interest; Priority.
Section 554.1056 - Assignment Enforcement Methods.
Section 554.1057 - Appointment of Receiver; Petition; Priority of Receivers.
Section 554.1058 - Demand Notice to Assignor for Collection of Rents; Notification Requirements.
Section 554.1059 - Demand Notice to Tenant for Payment of Rents; Notification Requirements.
Section 554.1060 - Notification to Pay Rents to Person Other Than Landlord; Form.
Section 554.1061 - Effect of Enforcement of Assignments of Rent.
Section 554.1062 - Collection of Rent Proceeds; Use of Funds.
Section 554.1063 - Exception for Use of Collection of Rents; Protection of Rights.
Section 554.1064 - "Good Faith" Defined; Collection by Assignor; Remedies; Priority.
Section 554.1065 - Perfection of Security Interests; Priority Rules in Article 9.
Section 554.1066 - Priority Subject to Subordination.
Section 554.1067 - Promotion of Uniformity.
Section 554.1068 - Electronic Signatures.