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.Note: These rights exist regardless of what the rental agreement says.
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. Read more
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. Read more
Landlords in Michigan may evict for the following reasons:
Landlords are prohibited from evicting tenants as retaliation or for discriminatory reasons.
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.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
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:
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.
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.
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:
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.
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.
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.
The following laws apply to the collection of rent and related fees:
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.
Michigan landlords must provide these mandatory disclosures to tenants:
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.
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.
Can a Landlord Enter Without Permission in Michigan? Michigan landlords can enter without permission in emergencies and for other purposes reasonably related to the tenancy, if terms of access haven't been set by the rental agreement. Read more » Is Michigan a “Landlord Friendly” State? Michigan is one of the more landlord-friendly states. The lease controls many important items like terms of access, and there are few restrictions on rental rates and fees. Landlords may also collect interest from tenant security deposits. Read more » What Are a Tenant’s Rights in Michigan? Tenants in Michigan have the right to rent habitable property and the right to seek out housing without discrimination. They also have the right to seek approval for rent reduction from the appropriate government agencies, if proper standards aren't kept on the property. Read more » Can a Tenant Change the Locks in Michigan? Michigan tenants can change their locks, as long as this isn't prohibited by the terms of the rental agreement. Landlords, by contrast, are prohibited from unilaterally changing the locks since this is considered a form of illegal "self help" eviction. Read more »
