Michigan Landlord Tenant Law: Everything You Need to Know

Michigan is known for its stunning natural beauty and great tourist attractions. The state attracts millions of visitors every year. However, for the many people who call Michigan home, renting an apartment or a house is an affordable option when it comes to housing. Landlord-tenant relationships are established through a legal agreement known as a lease. Michigan landlord and tenant laws govern the rights and responsibilities of landlords and tenants in Michigan.

This article will provide an overview of Michigan landlord and tenant law, discussing various aspects of the law such as leases, security deposits, rent, maintenance, and eviction.

Types of Leases

A lease is a legally binding agreement between a landlord and a tenant that outlines conditions such as rent, security deposits, and the duration of the lease. In Michigan, there are different kinds of leases that landlords and tenants may choose from.

A fixed-term lease usually lasts for a certain period, often a year, and once the duration of the lease ends, either party must give notice if they want to terminate or renew the lease.

A month-to-month lease has no fixed end-date, and it automatically renews at the end of each month, unless either party has given the required notice to terminate the lease. In Michigan, landlords are not obligated to provide reasons for non-renewal of such leases.

Security Deposits

A security deposit is an amount of money, usually one month’s rent, paid by tenants at the beginning of the tenancy. It is held by the landlord to cover any damage that the tenant may cause to the property. Michigan’s landlord-tenant law requires that the landlord must return the security deposit to the tenant, minus any deductions for damage caused by the tenant, within 30 days of the end of the lease.

Landlords in Michigan may not collect a security deposit that is greater than one and one-half month’s rent. Landlords are also required to provide itemized receipts for any deductions made from the security deposit.

Rent

The amount of rent a landlord can charge is not regulated in Michigan. However, landlords must give tenants advance notice before increasing rent, and the landlord cannot increase rent during the term of a fixed-term lease unless otherwise agreed upon in the lease agreement.

The landlord may also charge for certain utilities that are provided to tenants, such as gas, electricity, or water. A landlord who chooses to charge for utilities must follow the specific rules governing utility billing established by the Michigan Public Service Commission.

Maintenance

The landlord and tenant each have their responsibilities when it comes to maintaining the rental property. Landlords must maintain the property in compliance with local and state housing codes, while tenants must not cause any damage to the property.

The tenant has a legal right to a habitable dwelling. Specifically, a dwelling must have basic amenities, including heat, water, electricity, and proper sanitation facilities. Michigan also requires that landlords must keep and maintain common areas, such as hallways, free from any hazardous conditions.

Landlords are also required to make timely repairs to maintain the property’s habitability. Michigan law allows tenants in certain circumstances to make necessary repairs and deduct a portion of the repair cost from the rent.

Eviction

Eviction is a serious legal process in Michigan, and it is a last resort for landlords to recover possession of the rented property from a tenant. Under Michigan landlord-tenant law, there are specific steps that landlords must follow to pursue an eviction.

First, the landlord must give the tenant written notice, indicating the reason for the eviction and the amount of time the tenant has to address the issue.

If the tenant fails to remedy the violation within the stipulated period, the landlord can file a lawsuit, known as an “”unlawful detainer”” in court.

If the court grants the landlord the right to possession, the court will issue a writ of eviction, directing the sheriff to remove the tenant and the tenant’s property from the premises.

Conclusion

Michigan landlord-tenant law provides legal protections for both landlords and tenants to promote fair and equitable relationships between the parties. Understanding these laws is essential if landlords and tenants want to have a successful relationship.

Michigan’s landlords and tenants have specific rights and responsibilities, including maintaining the property’s habitability, adhering to lease agreements, and following the eviction process if necessary. If any issues arise during the rental relationship, both parties should seek legal advice about their rights and obligations.

Landlord and Tenant Laws in Michigan 

Michigan Landlord Tenant Law

Landlords and tenants have specific rights and obligations under Michigan law, and this article will discuss maintenance obligations for both the landlord and tenant as well as commonly disputed cases in the state.

Two of the best resources on the internet for Michigan landlord tenant laws are the following links under the U.S. Department of Housing and Urban Development and Michigan Legislature:

• https://portal.hud.gov/hudportal/HUD?src=/states/michigan/renting/tenantrights

• https://www.legislature.mi.gov/documents/publications/tenantlandlord.pdf

The majority of this article will discuss information on Michigan landlord tenant laws mentioned within the second link provided above.

Michigan Landlord Tenant Laws on Maintenance and Repair

Occasionally, the landlord will rely on rental payments in order to fund repairs at the same time.  Therefore, the landlord and the tenant both have duties for maintenance to the property.  Under Michigan landlord tenant laws, a landlord is obligated to make timely repairs for the following reasons:

1. Emergency repairs such as a gas leak, flooding, defective furnace, or major roof damage

2. Major problems such as a defective water heather, clogged drain, heating problem, or more

3. Minor problems such as defective lighting, locks, peeling paint, dripping faucets, and more

Similarly, the tenant has obligations for maintenance under Michigan landlord tenant law:

• Pay the rent on time

• Keep the rental property in safe and sanitary condition

• Immediately notify the landlord of any minor or severe maintenance problems

• Exterminate any insects that appeared after the tenant moved in

• Leave the rental property in good condition besides for normal wear and tear

Commonly Disputed Cases

There are many disputed cases within Michigan landlord tenant law, and many of these cases result from a small dispute in an otherwise good landlord/tenant relationship.  The state encourages the landlord and tenant to resolve issues before they go to court, but some cases require litigation when rights have been violated in the following Michigan landlord tenant laws and subjects:

Withholding Rent for Maintenance

Under Michigan landlord tenant laws, a tenant can withhold rent if the landlord has not taken proper action to make a repair.  If the landlord tries to unlawfully evict the tenant for such an action, the tenant can maintain their residence if they gave the landlord proper notification, enough time to make the repair, and properly escrowed the rent under Michigan landlord tenant law.

Security Deposit 

Under Michigan landlord tenant laws, a landlord has 30 days after the tenant moves out to return the entire or partial amount of the deposit along with an itemized list of all damages and deductions.

If the tenant disagrees with the conditions of the rent and made all rental payments, Michigan law states that the landlord or tenant must try to negotiate or mediate an agreement or commence with litigation.  If the landlord decides to file suit, they must file within 45 days of the tenant leaving.

If the tenant failed to make all rental payments, the landlord is immediately obligated to keep the entire security deposit under Michigan landlord tenant law.