Sec. 10.
No particular phrasing is required for the notification specified in section 9. However, the following form of notification, when properly completed, is sufficient to satisfy the requirements of section 9:
You may obtain additional information about the Assignment of Rents and the Assignee's right to enforce it at the address listed above.
2. The Landlord is in default under the Assignment of Rents. Under the Assignment of Rents, the Assignee is entitled to collect rents from the Premises.
3. This notification affects your rights and obligations under the rental agreement under which you occupy the Premises (your "Rental Agreement"). In order to provide you with an opportunity to consult with a lawyer, if your next scheduled rental payment is due within 30 days after you receive this notification, neither the Assignee nor the Landlord can hold you in default under your Rental Agreement for nonpayment of that rental payment until 10 days after the due date of that payment or 30 days following the date you receive this notification, whichever occurs first. You may consult a lawyer at your expense concerning your rights and obligations under your Rental Agreement and the effect of this notification.
4. You must pay to the Assignee at the address listed above all rents under your Rental Agreement which are due and payable on the date you receive this notification and all rents accruing under your Rental Agreement after you receive this notification. If you pay rents to the Assignee after receiving this notification, the payment will satisfy your rental obligation to the extent of that payment.
5. Unless you occupy the premises as your primary residence, if you pay any rents to the Landlord after receiving this notification, your payment to the Landlord will not discharge your rental obligation, and the Assignee may hold you liable for that rental obligation notwithstanding your payment to the Landlord.
6. Any modification of the Rental Agreement is not binding on the Assignee without the Assignee's written consent.
7. If you have previously received a notification from another person that also holds an assignment of the rents due under your Rental Agreement, you should continue paying your rents to the person that sent that notification until that person cancels that notification. Once that notification is canceled, you must begin paying rents to the Assignee in accordance with this notification.
8. Your obligation to pay rents to the Assignee will continue until you receive either:
(a) a written order from a court directing you to pay the rent in a manner specified in that order; or
(b) written instructions from the Assignee canceling this notification.
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.