Michigan Laws 554.1053 – Assignment; notification; method; proper address rules
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Terms Used In Michigan Laws 554.1053
- Assignee: means a person entitled to enforce an assignment of rents. See Michigan Laws 554.1052
- Assignment of rents: means a transfer of an interest in rents in connection with an obligation secured by real property located in this state and from which the rents arise. See Michigan Laws 554.1052
- Assignor: means a person that makes an assignment of rents or the successor owner of the real property from which the rents arise. See Michigan Laws 554.1052
- Document: means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 554.1052
- Notification: means a document containing information that this act requires a person to provide to another, signed by the person required to provide the information. See Michigan Laws 554.1052
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Michigan Laws 554.1052
- Rents: means any of the following:
(i) Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person. See Michigan Laws 554.1052Tenant: means a person that has an obligation to pay sums for the right to possess or occupy, or for possessing or occupying, the real property of another person. See Michigan Laws 554.1052 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(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).