Michigan Lease Agreement

Required Landlord Disclosures (5)

1. Landlord Name/Address: Michigan laws require landlords to provide their name and address or that of an authorized agent. This information ensures clear communication. If the landlord’s contact information changes, they must notify the tenant promptly (MCL 554.634).

2. Truth in Renting Act: All residential leases in Michigan must include a general statement of a tenant’s rights under state law as part of the Truth in Renting Act. This law specifies the wording for this disclosure:

NOTICE: Michigan law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person (MCL 554.634).

3. Domestic Violence Disclosure: A tenant who can provide proof of domestic violence victim status may terminate their lease in Michigan without penalty by giving appropriate notice. This notice must be prominently displayed in the rental agreement, using a font size of 12 points or larger or in legible print with letters no smaller than 1/8 inch (MCL 554.601b).

“A tenant who has a reasonable apprehension of present danger to him or her or his or her child from domestic violence, sexual assault, or stalking may have special statutory rights to seek a release of rental obligation under MCL 554.601b.”

4. Move-In Checklist/Security Deposit Notice: Landlords who collect security deposits must give two copies of a checklist demonstrating the property’s condition. This checklist should note any damage and features that tenants return to their original state. While the checklist doesn’t need to be attached to the lease, landlords must give it to the tenant within 7 days of moving in. The same form should be used when the tenant moves out (MCL 554.608).

The checklist must have the following notice at the top of the document:

“You should complete this checklist, noting the condition of the rental property, and return it to the landlord within 7 days after obtaining possession of the rental unit. You are also entitled to request and receive a copy of the last termination inventory checklist, which shows what claims were chargeable to the last prior tenants.”

The checklist must also have the following security deposit receipt language written in at least 12-point boldface font:

“You must notify your landlord in writing within 4 days after you move of a forwarding address where you can be reached and where you will receive mail; otherwise your landlord shall be relieved of sending you an itemized list of damages and the penalties adherent to that failure.”

5. Lead-Based Paint Disclosure: Landlords must include this federally required landlord disclosure for the sale and lease of most homes or apartments built before 1978 (Residential Lead-Based Paint Hazard Reduction Act of 1992).

Security Deposit Regulations

Maximum Security Deposit Amount: In Michigan, landlords can charge a maximum security deposit of 1.5 times the monthly rent.

Receipt of Deposit: Michigan landlords must notify tenants when they receive a security deposit. This notification must be separate from the lease and include the following information:

• The landlord’s name and address
• The name and address of the financial institution holding the deposit
• A statement requiring the tenant to supply a forwarding address within 4 days of moving out

Interest: Landlords are not required to deposit security deposits in an interest-bearing account, but they must do so in a regulated financial institution. 

Deduction Tracking: Michigan landlords must keep detailed records of all expenses related to security deposit deductions. These records should include invoices and receipts for repairs or cleaning costs incurred during the tenancy. Within 30 days of the lease ending, the landlord must give the tenant an itemized list of damages. This list should specify the reasons for each deduction and the estimated cost of repairs, ensuring transparency and supporting any potential disputes regarding the security deposit.

Returning a Tenant’s Security Deposit: Michigan landlords must return security deposits and/or a list of itemized deductions within 30 days of a lease ending.

Landlord’s Access to Property

Advance Notice: Michigan law doesn’t specify how much notice a landlord must give before entering a rental unit. However, to maintain good landlord-tenant relationships, a landlord should give a tenant proper notice (at least 24 hours) unless it’s an emergency.

Immediate Access: Again, Michigan law doesn’t require landlords to give any notice to enter a property legally.

Landlord Harassment: Even though no laws require Michigan landlords to give notice before entering, repeated abuse of this could be considered landlord harassment. This is why landlords must maintain good relationships with their tenants and provide proper notice each time they need to enter the property.

Rent Payment Laws

Grace Period: Michigan law does not legislate a rent grace period. Rent is due on the due date, and landlords can charge late fees immediately after the due date. However, because there is no state law, it doesn’t mean landlords can’t add a grace period into their rental contracts to give tenants more payment flexibility.

Late Rent Fees: Landlords may charge a reasonable late fee for rent paid after the due date, but the lease must clearly state the specific amount. Michigan law does not set a maximum late fee, but it cannot be excessive. Landlords should only charge it when rent is truly late, as defined in the lease.

Tenant’s Right to Withhold Rent: Michigan law does allow tenants to withhold rent and make repairs under the state’s “warrant of habitability” or “covenant of fitness.” However, tenants must keep detailed records of the repairs’ costs and give the landlord a reasonable opportunity to fix the issue first.

Breach of Rental Agreement

Missed Rent Payment: The first step a Michigan landlord can take after a tenant fails to pay rent is to send a written notice to the tenant demanding payment. This notice should specify the amount owed and the deadline for payment.

Lease Violation: If a tenant violates their lease terms, a Michigan landlord can provide written notice stating the violation and giving them a reasonable time to remedy it. Depending on the violation, the timeline to remedy the violation is between 7 and 30 days. Find more information in “A Practical Guide for Tenants and Landlords.”

Self-Help Evictions: No, self-help evictions are not legal in Michigan. Landlords must utilize the court system to evict a tenant in Michigan (MCL 600.2918).

Lease Abandonment: If a Michigan tenant moves out of a property before their lease ends, they may still be financially responsible for the remaining rent unless they have a valid reason to terminate the lease early. One example protected under Michigan Law is if the tenant has been a victim of domestic violence.

Ending a Lease

Month-to-Month: In Michigan, the tenant and the landlord must provide written notice to the other party at least one full month before the desired termination date to terminate a month-to-month lease.

Fixed-Term: Michigan tenants can legally break a fixed-term lease before its end date only under limited circumstances, such as if the landlord materially breaches the lease agreement or if the tenant is a victim of domestic violence. We cover every allowable circumstance in Breaking a Lease in Michigan: Landlord/Tenant Guide 2024.

Property Abandonment: Michigan landlords are generally not required to take any specific action regarding tenant property left behind after the lease ends. However, they should include a clause in the lease that addresses abandoned property. This clause should outline how the landlord will handle the property and relieve the tenant of liability.

Renewing a Lease

Required Renewals: Michigan does not require landlords to renew leases; however, some cities in Michigan have these laws in place. Ann Arbor, for example, has a right-to-renew law that requires landlords to offer renewals except under a few defined circumstances.

Required Notice: Michigan landlords are required to give tenants a minimum amount of notice before not renewing their lease. The specific notice period depends on the type of lease:

• Month-to-month leases: Landlords must give tenants at least one month’s notice before the end of the current month.
• Fixed-term leases: Landlords must give tenants at least 60 days’ notice before the end of the lease term.

Rent Control & Stabilization

Michigan does not have any rent control or stabilization laws. In 1988, Michigan passed a statewide ban on rent control, limiting local governments’ ability to regulate private residential property leasing.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.