In Michigan, rental agreements that are either written or oral are considered valid, but rental agreements longer than one year must be in writing. Pursuant to Michigan law, (Landlord and Tenant Relationship Act 348 of 1972) tenants are given certain rights, including the return of their security deposit and the right to a habitable premises.
Landlords have rights as well, including the right to be reimbursed for damages that exceed normal wear and tear and to collect rent.
Note: These rights exist regardless of a rental agreement stating otherwise.
Landlord Responsibilities in Michigan
In Michigan, landlords must abide by a codified warranty of habitability and make requested repairs in a “reasonable” amount of time for non-emergencies or 24 hours for emergency issues. If they do not, then tenants may withhold rent and deposit the rent into an escrow account or make the repairs themselves and deduct the cost from future rental payments.
Here is a list of essential amenities that landlords in Michigan may or may not be responsible for.
| Item | Landlord Responsibility? |
|---|---|
| Dwelling structures | Yes |
| Water | Yes |
| Heating | Yes |
| Plumbing/sanitation | Yes |
| Electricity | Yes |
| Garbage removal | Yes, multi-family units only |
| Railing and staircase | Yes |
| Fire exits | Yes |
| Smoke detectors | Yes, multi-family units only |
| Mold | Depends on the cause |
| Bed bugs | Yes |
Landlords are prohibited from evicting tenants for exercising their rights to a habitable dwelling.
Tenant Responsibilities in Michigan
Aside from paying rent in a timely fashion, Michigan tenants must:
- Keep the unit safe and in a habitable condition.
- Keep the unit clean and sanitary.
- Make small repairs and maintenance.
- Not disturb other tenants or neighbors.
Evictions in Michigan
Landlords in Michigan may evict for the following reasons:
- Nonpayment of Rent – If a tenant does not pay rent on the due date, then the landlord may provide a written 7-Day Notice to Quit.
- Lease Violation – If a lease violation occurs then the landlord may issue a 30-Day Notice to Quit. Landlords are not required to allow tenants to correct a lease violation.
- No Lease/ End of Lease – If a tenant remains at the rental property after the rental term has expired, the landlord may issue a 30-Day Notice to Quit, regardless of the type of tenancy.
- Material Health/Safety Violation – Tenants who violate a health, safety, building or housing code shall be given a 7-Day Notice to Quit. Landlords have the option to allow tenants to correct the issue, but are not required to do so.
- Illegal Acts -If a tenant commits an illegal activity, landlords may provide the tenants with a notice to quit. The amount of written notice required for tenants involved in illegal activity depends on the type of activity. A landlord may provide a 24-Hour Notice to Quit for an illegal drug activity. For tenants who have threatened or caused physical injury to others on the rental property a 7-Day Notice to Quit shall be provided.
Landlords are also prohibited from evicting tenants as retaliation or for discriminatory reasons.
Security Deposits in Michigan
Collections & Holdings. The following laws apply to the collection and holding of a security deposit.
- Limit / Maximum – 1½ Months’ Rent
- Inventory / Move-in Checklist – Required
- Holding Requirement – Landlords must hold security deposits in a regulated financial institution or by posting a cash or surety bond
- Interest Requirement – None
- Receipt Requirement – None
Returns & Deductions. The following laws apply to the return of a security deposit.
- Allowable Deductions – Unpaid rent, utilities, damage
- Time Limit for Return –30 days
- Max. Penalty for Late Return –Twice the amount wrongfully withheld
Normal Wear and Tear in Michigan
Normal wear and tear refers to the effects of aging and normal depreciation. This is different from damage resulting from the tenant’s negligence. Landlords are not allowed to charge tenants for normal wear and tear.
Michigan state law does not specify what constitutes normal wear and tear. Common examples include the general wearing of carpets, fading paint from sunlight, minor scuffs, or dirty grout.
Lease Termination in Michigan
Notice requirements. Tenants who lease on a periodic basis must give the following notice before breaking a lease.
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 1 Year |
Early termination. Michigan tenants are allowed to legally break a lease for the following reasons:
- Early termination clause
- Active military duty
- Uninhabitable unit
- Landlord harassment
- Domestic violence
- Senior citizen health issues
Tenants that break a lease may be required to pay out the remainder of the term. Michigan landlords are not obligated to re-rent a unit.
Rent Increases & Related Fees in Michigan
Rent Control. Michigan does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Rent Increases. Michigan landlords can raise the rent by any amount, as often as they choose, but they must comply with:
- Discrimination laws
- Retaliation laws
- Lease agreement
Increase Notice Period. No statute.
Rent Collection and Fees. The following laws apply to the collection of rent and related fees.
- Grace Period – None
- Maximum Late Fee – No limit, except it must be reasonable
- Rent Payment Methods – No statute
- Rent Receipt – Not required
Housing Discrimination in Michigan
Protected Groups. The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, familial status, sex, or disability. These rules do not apply to owner-occupied homes or homes operated by religious organizations. Michigan has state protections for tenants based on age and marital status.
Discriminatory Acts & Penalties. Housing discrimination complaints in Michigan are overseen by the Michigan Department of Civil Rights. The following behaviors may be considered discriminatory when directed at a member of a protected class:
- Refusing to buy or sell on a bona fide offer
- Falsely denying the availability of a unit
- Not offering certain financial services
- Publishing advertisements that encourage or discourage certain groups form applying
Tenants that are victims of housing discrimination may file a complaint. The findings of the investigation can be used as the basis for a civil lawsuit.
Additional Landlord Tenant Regulations in Michigan
Landlord Right to Entry in Michigan
The law does not state how much notice landlords need to give before entering an inhabited property. Thus, landlords and tenants must come up with their own policies in the lease agreement. Landlords are not assumed to need to give notice before entering in the case of emergencies.
Small Claims Court in Michigan
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $6,500. Michigan Small Claims Court is a division of District Court. The process takes approximately one to two months.
Mandatory Disclosures in Michigan
Michigan landlords must provide these mandatory disclosures to tenants:
- Lead-Based Paint – Landlords that own properties built before 1978 must provide information about concentrations of lead paint.
- Authorized Agent– Landlords must also provide the names and addresses of all parties involved in owning and managing the property.
- Truth in Renting Act. All leases in Michigan must abide by state-mandated language guidance as laid out in the Truth in Renting Act. More info can be found here.
- Domestic Violence Protection – Landlords must include a specific notice on protection from domestic abuse.
- Move-In Checklist – Any landlord who charges a security deposit must provide two copies of the inventory of the rental unit’s condition.
Changing the Locks in Michigan
Michigan landlords may not change the locks as a form of eviction. Tenants may be allowed to change the locks as the issue is not regulated by Michigan law.
Michigan Landlord-Tenant Resources
Check your local county and municipality for additional landlord-tenant regulations. To learn more, please refer to the below digital resources.
A Practical Guide for Landlords & Tenants
Rental Requirements – The City of Detroit
