Michigan Tenant-Landlord Rental Laws & Rights for 2024

Overview of Michigan Tenant Landlord Laws

Understanding Michigan's tenant-landlord laws is essential for both tenants and landlords. These laws help ensure fair treatment and smooth rental experiences.

In 2024, Michigan's rental laws cover various important topics. These include types of rental agreements, tenant and landlord rights, and responsibilities. Rent regulations, security deposits, and handling repairs are also crucial areas.

Additionally, discrimination and fair housing laws protect tenants from unfair treatment. Procedures for breaking a lease and evictions outline the correct legal steps to follow.

This guide provides a comprehensive overview of these laws. Whether you're a tenant or a landlord, knowing these rules can help you navigate the rental process smoothly.

Types of Rental Agreements in Michigan

There are three main types of rental agreements in Michigan: term tenancy, periodic tenancy, and tenancy at will. Each has its own advantages, disadvantages, and legal requirements. 

Term Tenancy

A term tenancy, also known as a lease, is a rental agreement that specifies a start and end date. These are commonly 12 months but can be any fixed period. Term tenancies provide predictability for both landlords and tenants, as the rent amount and length of tenancy are set for the duration of the lease. However, they also lack flexibility if circumstances change for either party before the end date.

Periodic Tenancy 

A periodic tenancy, such as a month-to-month rental agreement, continues indefinitely until terminated by either the landlord or tenant with proper advance notice. These arrangements offer more flexibility but less long-term security. Landlords can adjust the rental rate more easily, but tenants can leave with shorter notice periods.

Tenancy at Will

A tenancy at will has no defined start or end date. It continues until terminated by either party, typically requiring "reasonable" notice based on the rental period (such as 30 days for a month-to-month tenancy). Tenancies at will provide maximum flexibility but also substantial unpredictability for housing situations.

No matter which type of rental agreement, Michigan law requires that all terms, rules, and provisions be clearly stated in writing and provided to the tenant before the start of tenancy. Attempting to establish an entirely oral or implied rental agreement is not advisable, as it can lead to disputes over the agreed-upon terms and conditions.

Tenant Rights and Responsibilities

As a tenant in Michigan, you have certain basic rights under state law that your landlord must respect. One of the most fundamental rights is the implied warranty of habitability, which requires your landlord to maintain fit and livable premises throughout your tenancy. This includes providing adequate weatherproofing, heat, water, electricity, sanitation, and structural components in good repair.  

Your landlord also cannot discriminate against you based on race, color, religion, national origin, age, sex, familial status, or disability when it comes to housing opportunities like renting or renewing a lease. Michigan's fair housing laws protect you from such discrimination.

In exchange for these rights, you have responsibilities as a tenant as well. Your primary obligation is to pay your full rent on time each month or period specified in the lease. You also must keep the rental unit clean, dispose of garbage properly, use facilities safely, and avoid damaging the premises beyond normal wear and tear. Creating excessive noise, serious nuisances, or using the rental for illegal purposes can also violate your responsibilities.

Following the terms of your written lease agreement is crucial as well. Unauthorized subletting, keeping prohibited pets, making unapproved alterations, or other violations may allow your landlord to terminate your tenancy. You generally must provide proper advance notice if you plan to vacate the rental unit. Adhering to your obligations helps ensure your tenancy remains in good standing.

Landlord Rights and Responsibilities

Under Michigan law, landlords have certain rights when renting out property, but they also have key responsibilities that they must uphold. One of the main rights is the ability to reasonably access the rental unit to inspect premises, make repairs, or show it to prospective tenants - although proper notice of entry is required in most cases.

Landlords can raise rent at the end of a lease term or for month-to-month tenancies, as long as proper written notice is provided beforehand. However, rent increases cannot be excessively frequent or retaliatory in nature. They also have the right to screen and select tenants based on legitimate business criteria.

On the responsibility side, landlords must comply with all health and safety codes related to the rental property. This includes maintaining structural components like roofs and walls, as well as ensuring operating systems like plumbing, heating and electricity are kept in good repair. Units must be provided in a habitable condition that meets minimum standards.

Landlords must also respect tenants' right to privacy and cannot abuse property access rights. They are prohibited from shutting off essential utilities like water or heat, even if rent is unpaid. Additionally, Michigan law prohibits landlords from discriminating against tenants based on protected characteristics like race, religion, familial status and more when screening applicants or managing properties.

Overall, while landlords have the right to protect their investment and manage their property, they must balance this with providing safe, habitable housing that meets their statutory duties. Both tenants and landlords have rights and responsibilities under Michigan rental laws.

Rent Rules and Regulations in Michigan

In Michigan, there are specific laws that govern how rent is handled between landlords and tenants. These rules aim to protect both parties and ensure fair practices.

Rent Payments

Tenants are required to pay rent on time as stated in the lease agreement. Rent is typically due on the first of the month, but the lease may specify a different due date. Landlords must provide tenants with a mailing address or other specific place to submit rent payments.

Late Fees

Landlords can charge a reasonable late fee if rent is paid after the due date, but the amount must be specified in the lease. Michigan law does not cap late fees, but they cannot be excessive or charged until rent is truly late as defined in the lease.

Rent Increases 

For periodic or month-to-month tenancies, landlords must provide proper written notice before increasing the rent, typically 30 days. For fixed-term leases, rent cannot be raised during the lease term unless the lease explicitly allows it and specifies how increases will be calculated.

Rent Withholding 

Tenants may have the right to withhold rent until repairs are made under certain circumstances, such as if the rental unit violates health or safety codes. However, strict procedures must be followed, including providing the landlord with proper notice and placing rent payments into an escrow account.

Rent Control

Michigan does not have statewide rent control laws that limit how much landlords can raise rents. However, some local municipalities like Ann Arbor and East Lansing do have their own rent control ordinances that cap annual rent increases.

It's important for both landlords and tenants to thoroughly review and understand the rent payment terms and any rent increase provisions outlined in the lease agreement. Clear communication and adherence to the law can help prevent rental disputes.

Breaking a Lease in Michigan

In Michigan, there are several valid reasons that may allow a tenant to legally terminate a lease agreement early without penalty. These include:

• Active military service - Federal laws allow members of the armed forces to terminate a lease after receiving deployment or permanent change of station orders.
• Domestic violence situations - Tenants who are victims of domestic violence, dating violence, sexual assault, or stalking are permitted to break their lease early to escape the abusive situation.
• Landlord harassment or privacy violations - If a landlord persistently violates a tenant's privacy rights or engages in harassment, the tenant may be able to terminate the lease.
• Uninhabitable conditions - When a rental unit violates habitability standards and the landlord fails to remedy major issues like no heat or running water after proper notice, the tenant can legally move out.
• Substantial violation of lease by landlord - Tenants may terminate if the landlord seriously violates responsibilities under the lease or rental laws.

In cases without legally justifiable reasons, tenants who break their lease early are subject to penalties and liability for unpaid rent. Required notice of at least 30 days must be provided to the landlord before vacating. Typical penalties include:

• Paying rent for the entire remaining lease term 
• Automatic forfeiture of the security deposit
• Liability for actual costs the landlord incurs to re-rent the unit

Landlords must make reasonable efforts to "mitigate damages" and re-rent the unit rather than pursuing the full remaining rent from the tenant. Proper written notice should be issued detailing any claimed damages. Disputes may be taken to small claims court if the tenant disagrees with charges assessed.

Evictions in Michigan: Rules and Procedures

Evictions in Michigan must follow specific legal procedures to be valid. Landlords cannot simply lock out tenants or remove their belongings without going through the court process. There are several legal reasons a landlord may evict a tenant, including:

• Non-payment of rent
• Violation of the lease terms or rental agreement 
• Causing excessive damage to the property
• Using the premises for illegal activities
• Remaining on the property after the lease expires

The eviction process begins with the landlord providing the tenant with proper written notice, specifying the reason and amount of time to remedy the issue or vacate the premises. For non-payment of rent, tenants typically have 7 days to pay or move out. For lease violations, the notice period is usually 30 days.

If the tenant does not comply with the notice, the landlord can then file for eviction through the local district court. The court will schedule a hearing where both parties can present evidence and arguments. Tenants have the right to dispute the eviction and raise legal defenses such as retaliation, discrimination, or the landlord's failure to maintain the property.

If the court rules in favor of the landlord, it will issue an order for the tenant to vacate by a specified date. If the tenant still does not leave, the court can order law enforcement to physically remove them and their belongings from the rental unit. 

An eviction judgment on a tenant's record can make it very difficult to rent again from other landlords. It also has a negative impact on the tenant's credit report and references. As a result, tenants should try to avoid an eviction if possible by resolving issues or finding alternative housing before the court date.

It's important to note that landlords cannot legally take "self-help" eviction actions like changing the locks, removing belongings, shutting off utilities, or using force or threats to make a tenant leave. These illegal eviction practices can open the landlord up to civil penalties and lawsuits from the tenant.

Squatters' Rights in Michigan

Squatters' rights in Michigan, also known as adverse possession, allow individuals to claim ownership of a property under certain conditions. In Michigan, squatters can gain legal ownership of a property if they meet specific requirements.

To claim squatters' rights in Michigan, the individual must occupy the property continuously for a minimum of 15 years. During this period, the possession must be open, notorious, and hostile. This means the squatter's occupation must be obvious to others, without the owner's permission, and in a manner that conflicts with the owner's rights.

The squatter must also demonstrate exclusive possession, meaning they are the sole occupant of the property. Additionally, the possession must be uninterrupted for the entire 15-year period. Any break in occupancy can reset the clock, requiring the squatter to start the process over.

After meeting these criteria, the squatter can file a lawsuit to obtain legal title to the property. This process, known as a quiet title action, involves presenting evidence of continuous and adverse possession in court. If successful, the court will grant the squatter legal ownership of the property.

Landowners can protect their property from squatters by regularly inspecting vacant or unused properties, promptly addressing any unauthorized occupancy, and securing the premises to prevent unauthorized access.

Understanding squatters' rights is crucial for both property owners and individuals seeking to claim adverse possession. By knowing the legal requirements and procedures, all parties can navigate this complex area of Michigan law more effectively.

Security Deposits in Michigan

Security deposits in Michigan are a common requirement for rental properties. The state has laws regulating how much landlords can charge for security deposits, how deposits must be handled, and the procedures for returning or withholding deposits at the end of a tenancy.

Michigan law limits the amount a landlord can charge for a security deposit to not more than 1.5 times the monthly rent. So for a unit renting at $1,000 per month, the maximum allowable security deposit is $1,500. Some municipalities may have additional local laws further restricting security deposit amounts.

When a tenant moves out, the landlord must return the full security deposit within 30 days if there is no damage to the rental property beyond normal wear and tear. If any portion is being withheld for damages, cleaning fees, or unpaid rent, the landlord must provide the tenant with a written statement itemizing the deductions along with the remaining deposit amount.

Allowable deductions include costs to repair damages beyond normal wear and tear, cleaning charges to restore the unit to its original condition, and any unpaid rent or utility bills. The landlord cannot make deductions for normal wear and tear, which is the natural deterioration that occurs over time with normal use.  

Tenants have legal recourse if a landlord fails to return a security deposit in full when no damages occurred or improperly withholds amounts without justification. The tenant can file a claim in small claims court to recover the deposit plus penalties. Michigan law allows for a penalty of one and a half times the amount wrongfully withheld, in addition to recovering the deposit itself.

To avoid disputes, both landlords and tenants are advised to conduct a detailed walkthrough inspection before the tenant moves in and again when vacating the property. Taking photos/video of the unit's condition can provide documentation to justify any deductions from the security deposit.

Handling Repairs and Maintenance Issues

In Michigan, both landlords and tenants have specific responsibilities when it comes to repairs and maintenance of rental properties. Landlords must maintain the premises in reasonable repair and comply with applicable health and safety laws. This includes providing working utilities, maintaining common areas, exterminating insects/rodents, and making necessary repairs to keep the rental fit and habitable.  

Tenants also have an implied duty to exercise reasonable care and keep the rental unit safe and clean. This includes properly using and operating appliances/facilities, disposing of trash properly, and avoiding damage beyond normal wear and tear. Tenants must also notify landlords promptly of any needed repairs or maintenance issues.

When requesting repairs from a landlord, tenants should provide clear written notice specifying the problems that need to be addressed. Landlords then have a reasonable period of time to make the repairs, with the timeframe depending on the severity of the issue. For serious issues like lack of heat or water, landlords must respond promptly.  

If a landlord fails to make necessary repairs after proper notice, tenants may have a few potential remedies available:

1) Repair and Deduct

Tenants can hire an outside contractor to make repairs at a reasonable cost and deduct the amount from future rent payments. However, this should only be done for minor repairs under $300.

2) Rent Withholding 

Tenants can withhold a portion of rent that reasonably reflects the diminished value of the rental due to the defective conditions. However, they cannot withhold the full rent amount.

3) Escrow Action

Tenants can initiate an escrow procedure by paying rent into an escrow account maintained by the court. This forces the court's involvement to inspect the conditions and determine if rent can be withheld.

4) Termination and Moving 

In cases of serious, uncorrected defects that make the rental truly uninhabitable, tenants may be able to legally terminate the lease and move out without penalty.

Tenants cannot make repairs at the landlord's expense without proper notice procedures or in excess of reasonable costs. Landlords also maintain the right to access the rental after appropriate notice to make repairs themselves or inspect conditions.  

Overall, an open line of communication and adhering to the proper legal procedures for repairs can help resolve maintenance issues efficiently between landlords and tenants in Michigan.

Discrimination and Fair Housing Laws

Both federal and state laws prohibit housing discrimination in Michigan based on certain protected characteristics. The federal Fair Housing Act makes it illegal to discriminate in housing-related transactions such as renting, selling, advertising, lending, and insuring housing on the basis of race, color, national origin, religion, sex, familial status, and disability. 

In addition to the federally protected classes, Michigan's Elliott-Larsen Civil Rights Act also prohibits housing discrimination based on age, marital status, height, and weight. Landlords cannot refuse to rent, provide different terms or conditions, or make housing unavailable to someone due to their membership in a protected class.

Examples of illegal housing discrimination include:

• Refusing to rent to someone because they have children (familial status)
• Advertising that specifies preferences like "No kids" or "Christians only" 
• Quoting higher rent or requiring a larger deposit for tenants of a certain race
• Refusing to allow reasonable modifications for tenants with disabilities
• Sexually harassing tenants

Discrimination complaints can be filed with the U.S. Department of Housing and Urban Development (HUD) or the Michigan Department of Civil Rights. Penalties for violating fair housing laws can include compensatory damages, civil penalties, attorney fees, and potential criminal charges.

Both landlords and tenants should be aware of their rights and responsibilities under these laws. Landlords must comply with fair housing requirements, while tenants can take action if they experience illegal discrimination.

Frequently Asked Questions

What notice period is required to terminate a month-to-month lease in Michigan?

For a month-to-month tenancy, landlords must provide at least 30 days' written notice to terminate the lease. Tenants must give notice at least equal to one rental period (e.g. one month for a monthly rental).

Can a landlord charge a late fee for rent paid after the due date?

Yes, as long as the fee is stated in the lease agreement. The late fee must be a reasonable estimate of the costs incurred by the landlord.

When can a landlord enter a rental unit in Michigan?

Landlords must provide reasonable advance notice (24-72 hours is typical) and can only enter at reasonable times for repairs, inspections, showings to prospective tenants/buyers, or in an emergency. Abuse of entry rights can allow a tenant to terminate the lease.

Are guests allowed to stay long-term at a rental in Michigan?

Most leases limit the duration guests can stay, often 7-14 consecutive days or 30 total days per year. The landlord can potentially treat long-term guests as unauthorized occupants and grounds for eviction.

Can a tenant sublet or re-rent their unit in Michigan?

Unless the lease expressly prohibits subletting, tenants can sublet with the landlord's consent, which cannot be unreasonably withheld. The original tenant remains liable under the lease terms.

What fees are allowed when a tenant breaks their lease early?

Landlords can charge an "early termination fee" if stated in the lease, but it cannot exceed 1.5x the monthly rent or actual damages from re-renting, whichever is lower. Other reasonable fees may apply.

What steps must a landlord take before evicting a tenant in Michigan?

Proper written notice must be served (7-30 days typically), stating the violation and cure period if applicable. If unresolved, the landlord must file for eviction through the courts and receive a court order before removing the tenant.