Michigan Landlord-Tenant Law: 2024 Overview of Rights

Jeanne Sanford | November 22, 2024 | 22 min read

Last updated November 22nd, 2024

Michigan landlord-tenant law is a set of laws and guidelines that provide a framework for renting property. It protects the rights of Michigan landlords and tenants while explaining each party’s responsibilities over a lease term.

In this article, we’ll review:

Landlord and tenant expectations
Fair housing laws and how they relate to screening and approving tenants
The importance of lease agreements and how they relate to landlord-tenant law
How evictions work in Michigan
Maintenance responsibilities and more

Whether you’re a landlord or tenant, this article contains important information about federal and Michigan-specific landlord-tenant law that will undoubtedly impact you.

Read on for a full breakdown of Michigan landlord-tenant law.

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Key Findings: Landlord-Tenant Rights & Responsibilities

One of the most critical aspects of landlord-tenant law is the set of rights and responsibilities established for both property owners and renters. Understanding security deposits, lease agreements, and fair housing laws is essential for all parties involved. When everyone is informed about these laws, there are fewer chances for conflict.

But know this: For Michigan landlord-tenant law, 2024 hasn’t seen much change compared to recent years.

Michigan landlords have the right to:

Collect rent. Michigan landlords should clearly list the amount, due date, and payment methods for rent payments in the lease agreement.
Enter the property for nearly any “reasonable” reason. There is no required timeframe by which landlords must notify tenants, but excessive entry could be considered harassment.
Collect a security deposit. Michigan law sets a limit of 1.5 months’ rent for security deposits.
Evict tenants. Landlords have the right to sue for eviction in cases of late rent payments or lease violations.
Charge late fees. Michigan law does not set a maximum late fee amount for rent payments, but landlords must include it in the lease agreement.

Michigan landlords are responsible for:

Providing a habitable property. Landlords must keep and maintain a safe and habitable unit for tenants.
Providing tenants with necessary disclosures at lease signing. For information on the specific disclosures required in Michigan, see our Michigan lease agreement article.
Respecting tenant’s right to quiet enjoyment. Landlords must not interfere with a tenant’s right to enjoy the property, including restricting entry to the tenant’s unit to reasonable hours.
Properly handling security deposits. All security deposits must be kept in a regulated financial institution or as a surety bond with the Secretary of State.
Making timely repairs. Landlords must address necessary repairs when a tenant requests them by written notice.

Michigan tenants have the right to:

A safe and habitable unit. At a minimum, a property must provide heating, water, and livable conditions.
Withhold rent for necessary repairs. Tenants may “repair and deduct.” In other words, tenants may deduct repair costs from the rent if landlords don’t make repairs after notification.
Quiet enjoyment. Landlords should only enter a tenant’s unit with reasonable notice and at reasonable times.
Fair eviction hearings. Tenants have a right to a fair hearing and treatment during eviction.
Protection against landlord retaliation. Landlords can’t treat a tenant differently because of repair requests or exercising legal rights.

Michigan tenants are responsible for:

Paying rent on time. With no grace period and possible late fees, tenants must pay rent on time to avoid eviction.
Maintaining the property. Tenants must keep the property clean and sanitary within their ability.
Following lease terms. The lease is the legal guideline for the rental arrangement and is a legally binding contract.
Giving proper notice when ending the lease. Tenants must notify landlords within the timeframe established by Michigan landlord-tenant law or the lease agreement when moving out.
Using the property only for its intended purpose. Typically, tenants cannot use a residential property for commercial services.

In terms of Michigan tenant rights, 2024 could see some change. In June 2024, a bill was introduced that could make some adjustments to tenant rights and responsibilities, but at the time of this writing, the bill is still in committee.

Best Practices for Screening Prospective Tenants

It’s common practice for tenants to fill out a rental application so landlords can verify references, check credit, and conduct a general tenant screening. Michigan landlords may charge a fee for tenant applications, but they must disclose the fee and whether they will review the tenant’s criminal and credit history.

TurboTenant offers tenant screening features, among other tools landlords can use to streamline their application process.

Compliance with Fair Housing Laws in Michigan

Federal fair housing laws ensure that all renters have equal housing opportunities. The laws aim to prevent discrimination based on race, color, national origin, religion, sex, familial status, and disability.

What actions are considered housing discrimination?

Michigan landlords must follow fair housing laws. They’re not allowed to refuse qualified tenants because they belong to a certain ethnic group or have a disability.

Additionally, landlords cannot advertise their properties using language that implies a preference for specific groups. They cannot impose different standards among groups during tenant screening.

How can discrimination be avoided in rental practices?

It’s easy to avoid discrimination in rental situations if you practice fair rental policies that treat everyone equally.

Landlords should employ:

Fair Tenant Screening. Use the same criteria for all renters, regardless of status.
Consistent rules across all groups. Apply policies equally to all applicants and tenants.
Disability accommodations. Follow ADA compliance everywhere possible.
Staff training. All staff should be current on federal, state, and local fair housing laws to ensure compliance.

What are the repercussions for fair housing violations?

Violating fair housing laws can lead to serious legal and financial penalties for landlords. Penalties could include lawsuits, fines, loss of property management licenses, and reputational damage.

If you encounter accusations of discriminatory practices, you should respond promptly. Document everything you can, and consult a housing attorney regarding appropriate next steps.

Michigan Lease Agreements

Michigan landlord-tenant law states that for rental terms under one year, a lease agreement may be oral or written to be legally enforceable. However, leases for a one-year term or more must be in writing.

Committing to writing every lease agreement is always a good practice to ensure compliance alignment with your tenants. Since a lease becomes the guiding document for the rental, a clear lease prevents miscommunication and serves as legal protection for landlords and tenants in case of conflict.

Leases can come in many shapes and sizes, but the most common are month-to-month or fixed-term. The landlord or tenant can terminate month-to-month leases by giving at least one month’s notice. Fixed-term leases last for the duration written into the lease and can only be canceled in specific, legally approved circumstances.

Which lease terms are legally required in Michigan?

All Michigan leases must contain the following:

Names of all parties
Property descriptions
Lease terms and types
Rent amounts and payment terms
Security deposit terms

Beyond that, landlords can include additional information in their lease agreements.

What constitutes legal renting in Michigan?

A lease agreement is required for a legal rental. The property must also meet basic habitability standards by providing heating, plumbing, and electrical services.

It’s imperative that landlords and tenants follow any occupancy limits as outlined by state or local law and that health and safety codes are adhered to at all times.

What tenant documentation is required?

Landlords will require the following documents from tenants:

Valid ID
Proof of Income
Credit Report*
Background Check*
Rental History / References

*Often, the landlord will require a fee for a background check that typically covers credit reports and criminal histories.

Landlords and tenants should maintain documentation and records of the process to ensure no conflict down the road.

What are the mandatory landlord disclosures in Michigan?

At the time of lease signing, Michigan landlords are legally required to make the tenant aware of certain information regarding the rental. These disclosures are:

The existence of any lead-based paint on properties built before 1978.
The name and address of the landlord or property manager.
Language provided by the state of Michigan regarding the Truth in Renting Act
A move-in checklist that provides the current condition of the property
The name and location of the bank holding the security deposit funds.
A statement alerting tenant of the need to provide a forwarding address within 4 days of vacating the premises if they wish to have a written detail of any deductions to their security deposit.
A notice to tenants that they have a right to end the lease if they are in danger due to domestic violence.

Landlords who fail to disclose the above to tenants could face legal penalties for negligence, including fines or lawsuits.

Property Address:	1200 Broadway Ave. Unit #104 Detroit, MI 48219
Lease Start Date	3/01/21	See section 1.5
Lease End Date:	2/28/22	See section 1.5
Total Monthly Rent:	$1,620.00	See section 1.6
Monthly Base Rent:	$1,500.00	See section 1.6
Monthly Pet Rent:	$120.00	See section 1.6
Prorated Rent Amount:	$1,000.00	See section 1.10
Total Deposit(s):	$1,500	See section 1.8
Security Deposit:	$1,500	See section 1.8
Pet Deposit:	N/A	See section 1.8
Other Deposit:	N/A	See section 1.8
Total Non Refundable Fee(s):	$100.00	See section 1.9
Move-in Fee: Description	$100.00	See section 1.9
Late Fee:	10% if not paid by the 2nd.	See section 2.1

Security Deposits in Michigan

Landlords in Michigan generally require security deposits to safeguard the property and provide financial protection. Michigan landlord-tenant law governs them.

What are the guidelines for security deposit collection?

Michigan landlords can collect up to 1.5 months’ rent as a security deposit. They must provide tenants with an inventory checklist that describes the condition of features within the unit. The checklist is used as a point of comparison when the tenant moves out and can be used as justification to withhold funds from the security deposit for repairs.

Michigan landlords must keep security deposits in an FDIC-regulated bank or as a bond with the Secretary of State. They must provide the tenant with the name and location of the bank holding the security deposit funds.

When can deductions be made from security deposits?

Landlords in Michigan have the right to withhold security deposit funds for unpaid rent or damages that exceed normal wear and tear.

To do this, landlords must provide tenants with an itemized list of the damages within 30 days after the lease ends. They must also give tenants 7 days to respond to this notice before proceeding with any deductions from the security deposit.

Tenants must also provide written notice of their forwarding address to the landlord within 4 days of moving out if they want to receive the itemized list of damages. If they fail to do so, they forfeit their right to this list and are subject to potential penalties from the landlord.

How should security deposits be returned?

Once a landlord provides notice to the tenant, and if they haven’t responded within 7 days, landlords may handle the repairs, deducting the cost from the security deposit.

Generally, landlords must return security deposits within 30 days of the lease agreement’s expiration or 30 days after the repairs deduction.

Maintenance Responsibilities of Landlords

Under Michigan landlord-tenant law, landlords must keep rental properties habitable. This includes providing necessary structural stability and utilities, adhering to health and safety standards, and making required repairs.

What are the legal standards for property conditions?

Michigan tenant rights require landlords to ensure that the properties they rent stay in habitable condition.

Every rental unit must have:

Working plumbing
A functional electrical system
Adequate heating
Structural integrity
Building code compliance

Regarding Michigan’s tenant rights, landlords must provide the above services to all tenants, whether they have a written lease or not.

What is the proper protocol for repairs?

Tenants must notify the landlord in writing about any needed repairs. Michigan law doesn’t specify the timeframe by which the landlord must respond or make the repair. However, tenants may handle the repair themselves and deduct the cost from the rent if the landlord doesn’t complete it in a reasonable period.

Do landlords need to give tenants advance notice before accessing a rental property?

Michigan law doesn’t specify how much notice the landlord must give before entering a tenant’s unit. However, 24-48 hours is standard practice.

Repeatedly entering a tenant’s unit without notice could be considered landlord harassment. As a result, the tenant may have the right to end the lease early and without penalty.

Late Rent Fee Regulations

There is no mandatory grace period for rent payments in Michigan. Tenants that pay rent late could be assessed late fees by the landlord, as long as it’s written into the lease agreement. There is no limit to the fees that landlords can assess.

Rent Control in Michigan

Rent control is explicitly illegal in Michigan, meaning landlords can raise the rent to whatever amount they’d like. While this is an old law, and many states have passed rent control laws in previous years, no new Michigan landlord-tenant law regarding rent control has been passed.

While there is no statutory limit, there are some restrictions to how landlords can raise rent:

For tenancies under a year, landlords must provide 30 days’ notice of the increase
For tenancies over a year, landlords must provide 60 days’ notice of the increase

Rent increases cannot occur in the middle of a fixed lease term.

Lease Renewal and Termination

Landlords or tenants must provide at least one month’s notice to end a month-to-month lease. For a fixed-term lease, either party must provide 60 days’ notice of their intent not to renew. Landlords are not obligated to renew a lease once the term ends.

Michigan tenant rights state that tenants may end a fixed-term lease early, without penalty, if they meet one of the following conditions:

Entering into active military duty
Domestic violence
Uninhabitable conditions
Landlord harassment
Landlord retaliation

Landlords may also be able to end a fixed-term lease early if they meet one of the following conditions:

Lease violation by the tenant
Taking back the property for personal use
Early termination clause in the contract

Eviction Procedures for Michigan Landlords

While no landlord or tenant wants to face eviction proceedings, the laws regarding evictions are specific and differ significantly from state to state. It’s essential that landlords carefully review their local laws before starting the eviction process.

What justifications exist for eviction?

Landlords in Michigan can evict tenants for the following reasons:

Non-payment of rent after providing a 7-day notice to pay or quit
Lease violations, after providing a 30-day notice to quit
Health or safety violation, after giving a 7-day notice to cure or quit
Illegal activity on the property
Significant property damage

Michigan operates under a “just cause” eviction system, which means landlords must provide a valid reason to begin the process. Landlords should thoroughly and properly document any lease violation to ensure a timely resolution.

What is the eviction process?

Once the landlord has established a violation and there has been no response to the initial notice to cure or quit, the eviction process looks like this:

Deliver a notice to vacate
File an eviction lawsuit with the court
Court holds a hearing and issues a judgment
Writ of restitution is issued
Possession of the property is returned to the landlord

How is property reclaimed after eviction?

Once the court issues the writ of restitution, it should be given to law enforcement within 7 days. No Michigan state law indicates how long law enforcement has to enforce the writ, but generally, it will be within a few days of receipt.

Unlike most states, Michigan landlord-tenant law does not specify what landlords should do with any personal property left behind by tenants after eviction.

Local Ordinances for Landlords and Tenants

All relevant Michigan landlord-tenant laws here. Landlords should review it before entering into a rental agreement. However, local ordinances can vary by city and county, so check your local laws as well.

Municode is a great resource for ensuring you’re up-to-date when you create your new lease agreement. You can also use TurboTenant’s Michigan lease agreement builder to get started on the right foot.

Federal Landlord-Tenant Laws

Landlords must follow federal and local landlord-tenant laws to ensure a smooth rental experience for all parties. Laws like the Fair Housing Act and the Americans with Disabilities Act heavily influence renting property.

The Consumer Financial Protection Bureau oversees financial regulations related to housing. Monitoring relevant news can also ensure your properties stay in legal compliance.

Managing Tenant Legal Disputes as a Michigan Landlord

Sometimes, conflict pops up even when you’ve followed best practices and legal guidelines. Here are some ways to effectively manage landlord/tenant disputes.

Document everything
Communicate openly
Closely review the lease agreement
Follow all legal laws and procedures
Seek legal assistance when necessary

If you cannot resolve the dispute quickly, tenants and landlords should know that legal assistance is available.

Michigan Legal Help is a resource that provides legal information and assistance for low-income individuals and landlords.
The Eviction Diversion Program in Michigan helps landlords and tenants navigate disputes without a court hearing.
The Michigan Department of Licensing and Regulatory Affairs can help landlords and tenants with information about Michigan landlord-tenant law, Michigan tenant rights, and local laws.
The Michigan tenant rights hotline can also provide information if tenants believe landlords have discriminated against them in violation of fair housing laws.

Navigate Your Landlord-Tenant Relationship with TurboTenant

TurboTenant is free property management software that helps landlords manage Michigan landlord-tenant law and relationships with practical and efficient tools.

Streamlining your day-to-day activities by embracing TurboTenant’s suite of features can help minimize miscommunication, provide quick access to relevant information, and put everything you need in one central location.

Some of the key features of TurboTenant’s landlord platform include:

Online rent collection
State-specific lease agreement templates
Maintenance and repair tracking
A client messaging system
Comprehensive tenant screening services

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.

Michigan Landlord-Tenant Law FAQs

What are landlords required to provide by law?

Michigan landlords are legally required to:

Provide a safe, habitable property
Provide access to essential utilities, like heat, water, electricity)
Follow the lease agreement

Beyond necessary services, many landlords also offer:

Repair and maintenance
Appliances
Common areas and amenities
Security features

What is the proper notice period for lease termination?

Landlords or tenants can terminate month-to-month leases with at least one month’s notice by the landlord or tenant. Fixed-term leases technically expire on their own, but 60 days’ notice must be given if the landlord or tenant does not intend to renew the lease at the end of the term.

What maintenance rights do tenants have?

Michigan tenants have a right to a habitable environment, meaning landlords must make repairs promptly when they threaten the habitability. If a landlord does not comply, tenants may repair the issue on their own and deduct the cost from the next rent payment. Repeated violations could result in the tenant canceling the lease agreement.

How should utilities be handled in rental agreements?

The lease agreement should clearly outline who pays for what utilities to prevent confusion or miscommunication. If disputes cannot be resolved between the landlord and tenant themselves, the parties could consider mediation services. Tenants who feel landlords are not following through based on the terms of the lease could also file a complaint with local housing authorities.

What are the eviction rules for tenants without a lease?

For tenants without a lease, landlords must first terminate the tenancy by issuing a 30-day notice to move out. If the tenant does not move out at the end of the notice period, the landlord can proceed with the normal eviction process.

How are guests and tenants legally differentiated?

A tenant is a person with a lease agreement that provides legal protection. Guests stay temporarily on a property and do not enjoy the same legal rights as tenants.

For instance, if a tenant on the property makes excessive noise at night, the landlord must follow the legal guidelines for eviction to remove them. But if a guest commits the same violation, the authorities can immediately remove them.

Due Diligence and Michigan Rental Laws

TurboTenant has utilized many municipal sources, along with official state statutes, in order to compile this information to the best of our ability. However, local laws are always in flux, and landlords and tenants alike should do their due diligence and consult legal help when it’s needed. We hope the following list can serve as a valuable resource and allow you to succeed as a landlord or tenant in Michigan. Be sure to take proper precautions when it comes to finding the top candidates for your unit by utilizing our online rental application and tenant screening services.

Disclaimer: TurboTenant, Inc 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.

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