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:
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.
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.