Under Michigan law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Landlord and Tenant Relationship Act, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Michigan
In Michigan, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Michigan’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | No | No |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Some landlord responsibilities can be waived in certain leases. Michigan has very specific rules on what can and cannot be waived.
Renter’s Rights for Repairs in Michigan
Landlords are required to make necessary repairs in a timely manner. In Michigan, repairs must be made within a “reasonable time” after getting written notice from tenants.
If repairs aren’t made in a timely manner, Michigan tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or contract professionally for repairs and deduct from the rent.
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, the landlord may provide the tenant 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 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 prohibited from evicting tenants as retaliation or for discriminatory reasons.
Landlord Retaliation in Michigan
It’s illegal for Michigan landlords to retaliate by evicting or increasing the obligations of tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Michigan
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: 1½ months’ rent.
- Inventory Requirement: In order to collect security deposits, landlords must provide tenants with two copies of a blank inventory checklist to document the condition of the rental unit when they move in.
- Holding Requirement: Landlords must hold security deposits in a regulated financial institution or post a cash or surety bond.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, and damage to the rental unit.
- Time Limit for Return: 30 days.
- Max. Penalty for Late Return: Tenants can sue for twice the amount wrongfully withheld.
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.
Cost of Breaking a Lease in Michigan
If a Michigan tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Michigan
Michigan does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Michigan does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Michigan state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
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 some 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 claiming a unit is unavailable.
- Not offering certain financial services.
- Publishing advertisements that encourage or discourage certain groups from 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
Many cities in Michigan have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Landlord Right to Entry in Michigan
Michigan law does not specify rights of access between landlord and tenant. This means the lease terms will control, in most situations. If there are no specific terms in the lease, the landlord has a right to access the property for reasonable purposes related to the tenancy, including in emergencies without notice.
Rent Collection & Related Fees in Michigan
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: No limit, except it must be reasonable.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in Michigan
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
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 a blank inventory checklist that lists all items in the rental unit. A specific disclosure must accompany the checklist instructing the tenant to complete and return the checklist within 7 days.
Changing the Locks in Michigan
Michigan landlords may not change the locks as a form of eviction. Michigan has no specific laws regarding lock changes by tenants, so tenants can do so freely as long as there are no lease provisions to the contrary.
Michigan Landlord-Tenant Resources
In addition to having laws that address general issues like repairs and security deposits, most states, including Michigan, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
