Michigan legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
Michigan Implied Warranty of Habitability
In Michigan, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring
- A pipe leaking human waste
- A broken front doorknob that won’t lock
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Michigan
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Washer & Dryer | No | No |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | No |
| Landscaping | No | No |
| Garbage Removal | No | No |
| Garbage Pickup | No | No |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in Michigan
Michigan landlords must provide heating for rental properties. They don’t have to provide air conditioning.
Are Landlords Required to Provide Air Filter Replacements in Michigan?
Michigan landlords don’t have to replace things like air filters, unless heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Michigan
Michigan landlords must keep plumbing in reasonable working condition. In particular, the law requires landlords to fix any issue that causes dampness in the walls and ceilings.
Are Landlords Required To Provide Hot Water in Michigan?
Michigan landlords don’t have a specific law covering hot water, but outside of exceptional circumstances, the requirement for landlords to provide working plumbing means the landlord is required to provide hot water.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Michigan?
Michigan landlords must fix clogs the renter didn’t cause, which keep the plumbing from being in reasonable working condition.
Are Landlords in Michigan Responsible for Fixing Leaks?
Michigan landlords must fix leaks the renter didn’t cause, which create dampness on the property or keep the plumbing from being in reasonable working condition.
Landlord Responsibilities for Kitchen Appliances in Michigan
Michigan landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator.
Landlord Responsibilities for Electrical Issues in Michigan
Michigan landlords are responsible only for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in Michigan?
Michigan landlords are not responsible for replacing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in Michigan
Michigan landlords are responsible for removing garbage in common areas, while tenants must keep their private premises clean. This usually means the tenant has to collect garbage, while the landlord has to make sure garbage service is available (potentially at the tenant’s expense).
A place where multiple tenants dispose of their garbage, like a Dumpster, is usually in a common area. Landlords are responsible for keeping such common areas clean and safe. If a tenant creates a mess in a disposal area, the landlord has to clean it, but can recover the restoration costs from the tenant.
Landlord Responsibilities for Landscaping in Michigan
Michigan landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Michigan
Michigan landlords are responsible for mold issues not caused by the renter’s lack of cleanliness, since the law requires that the property be kept free from dampness. However, there’s no state requirement for regular testing.
Landlord Responsibilities Regarding Pests in Michigan
Michigan landlords are responsible for fixing all pest issues in a building they rent out, including rats, roaches, mice, bed bugs, and ants. There’s no legal requirement for regular testing.
Landlord Responsibilities for Windows & Window Coverings in Michigan
Michigan landlords have no responsibility to provide particular windows or window coverings, except as required for code compliance or basic health and safety. The landlord has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in Michigan
Michigan landlords are responsible for ensuring required smoke alarms and carbon monoxide (CO) detectors are installed at the beginning of a tenancy.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Michigan?
Michigan landlords are usually responsible for replacing batteries in safety devices as part of their duty to comply with building codes.
Landlord Responsibilities for Washers and Dryers in Michigan
Michigan landlords are not required to furnish their rental properties with a working washer and dryer.
Renter’s Rights for Repairs in Michigan
Michigan renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. The landlord must repair any issues within a reasonable time after notice.
If an issue isn’t fixed, the renter can withhold rent, repair and deduct, terminate the lease, or ask a court to order repairs or other compensation.
Sources
- 1 Mich. Comp. L. § 554.139(1) & (2) (2022)
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“In every lease or license of residential premises, the lessor or licensor covenants: (a) That the premises and all common areas are fit for the use intended by the parties. (b) To keep the premises in reasonable repair during the term of the lease or license, and to comply with the applicable health and safety laws of the state and of the local unit of government where the premises are located, except when the disrepair or violation of the applicable health or safety laws has been caused by the tenants wilful or irresponsible conduct or lack of conduct. (2) The parties to the lease or license may modify the obligations imposed by this section where the lease or license has a current term of at least 1 year.”
Source Link - 2 Mich. Comp. L. § 125.471 (2022)
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“Every dwelling and all the parts thereof including plumbing, heating, ventilating and electrical wiring shall be kept in good repair by the owner. The roof shall be so maintained as not to leak and the rain water shall be drained and conveyed therefrom through proper conduits into the sewerage system in accordance with plumbing regulations so as to avoid dampness in the walls and ceilings and insanitary conditions.” Mich. Comp. L. § 125.471 (2022). Note that unlike Mich. Comp. L. § 554.139(1) & (2) (2022), this section does not provide for the possibility of explicit waiver in leases of one year and longer terms.
Source Link - 3 Mich. Comp. L. § 600.2918(2)(f)-(2)(g) & (3) (2022)
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“(2) Any tenant in possession of premises whose possessory interest has been unlawfully interfered with by the owner is entitled to recover the amount of his or her actual damages or $200.00, whichever is greater, for each occurrence and, if possession has been lost, to recover possession[, including] 1 or more of the following… (f)… the termination or interruption of… [service] so essential that its termination or interruption would constitute constructive eviction, including heat, running water, hot water, electric, or gas service. (g) Introduction of noise, odor, or other nuisance.
“(3) An owner’s actions do not unlawfully interfere with a possessory interest if… The owner acts pursuant to court order… [or] interferes temporarily with possession only as necessary to make needed repairs or inspection and only as provided by law.”
Source Link - 4 Mich. Comp. L. § 125.474 (2022)
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“Every dwelling and every part thereof shall be kept clean and shall also be kept free from any accumulation of dirt, filth, rubbish, garbage or other matter in or on the same, or in the yards, courts, passages, areas or alleys connected therewith or belonging to the same. The owner of every dwelling shall be responsible for keeping the entire building free from vermin. The owner shall also be responsible for complying with the provisions of this section except that the tenants shall be responsible for the cleanliness of those parts of the premises that they occupy and control.”
Source Link - 5 Bravo v. Chernick, 28 Mich. App. 210, 214 (Mich. Ct. App. 1970)
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“It is clear that the legislature [in passing Mich. Comp. L. § 125.474] intended to impose a duty on a landlord to keep his premises free from accumulations of rubbish.”
Source Link - 6 DeLuce v. Fort Wayne Hotel, 311 F.2d 853, 857 (6th Cir. 1962)
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“[T]he Michigan statute [Mich. Comp. L. § 125.474] which uses mandatory language, has not been held by the Supreme Court of that State to impose an absolute liability, but only liability if the owner knew or should have known of such dangerous condition of his premises.”
Source Link - 7 Mich. Comp. L. § 125.1504c(1) (2022)
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“[T]he owner of an existing building or structure… shall install 1 or more smoke alarms in that building or structure.”
Source Link - 8 Mich. Resid. Code § 315.1 (2009)
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“For new construction, an approved carbon monoxide alarm shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units within which fuel-fired appliances are installed and in dwelling units that have attached garages.”
Source Link - 9 Phoenix Hummel, Residential Landlord-Tenant Law Benchbook at 1-30 (2022 ed.)
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The judicial bench guide for Michigan landlord-tenant issues is non-binding but summarizes the relevant legal standards: “If a landlord fails to make repairs, the residential tenant may have a statutory right to make repairs and then deduct the cost of repairs from the rent. However, the tenant cannot be the cause of the condition. The tenant also has a common-law right to repair and deduct.” Phoenix Hummel, Residential Landlord-Tenant Law Benchbook at 1-30 (2022 ed.) See also Id. at 2-24 (“The HLM [Housing Law of Michigan] expressly authorizes remedies that include injunctive relief, repair and deduct orders for tenants, costs of repairs charged to an at- fault tenant, demolition, and receiverships.”)
Source Link - 10 Mich. Comp. L. § 554.201 (2022)
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“When any leased or rented building is destroyed, or is so injured by the elements, or in any other way, as to be untenantable or unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his fault or neglect, quit and surrender possession of the building, and of the land so injured, destroyed, or rendered untenantable or unfit for occupancy; and such lessee or occupant shall not be liable to pay to the lessor or owner rent for the time subsequent to the surrender.” Mich. Comp. L. § 554.201 (2022) See also De Bruyn Bros. Realty Co. v. Photo Lith Plate Service Corp., 31 Mich. App. 487, 489 (Mich. Ct. App. 1971) (“A party should be held evicted when the act of the landlord is of such a character as to deprive the tenant, or has the effect of depriving him, of the beneficial use and enjoyment of the whole or any part of the demised property, to the extent he is thus deprived.”)
Source Link
