Michigan

Michigan Landlord Tenant Key Rules

Official Michigan Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	1.5x monthly rent Mich. Comp. Laws § 554.602
Security Deposit Interest:	No statute
Separate Security Deposit Bank Account:	Not required. A landlord may use the deposit money however they want provided that they deposit a cash or surety bond with the secretary of state. Mich. Comp. Laws § 554.604
Non-refundable fees:	No statute
Pet Deposits and Additional Fees:	No statute
Deadline for Returning Security Deposit:	30 days Mich. Comp. Laws § 554.610
Permitted Uses of the Deposit:	Damages beyond normal wear and tear, owed rent, unpaid utilities, and rent due for premature termination by the tenant Mich. Comp. Laws § 554.607
Security Deposit can be Withheld:	Yes Mich. Comp. Laws § 554.607
Require Written Description/Itemized List of Damages and Charges:	Yes Mich. Comp. Laws § 554.609
Receipt of Security Deposit:	Yes Mich. Comp. Laws § 554.603
Record Keeping of Deposit Withholdings:	No statute
Failure to Comply:	Failure to notify the tenant of deposit withholdings within 30 days of tenancy terminating means the landlord forfeits the right to make a claim against the deposit. Mich. Comp. Laws § 554.610

Lease, Rent & Fees:

TOPIC	RULE
Rent is Due:	No specific statute. Common practice is at the beginning of each month or term if week-to-week for example unless otherwise stated in the lease agreement.
Payment Methods:	No statute
Rent Increase Notice:	No statute
Late Fees:	No statute
Application Fees:	No statute
Prepaid Rent:	No statute
Returned Check Fees:	$25 if paid within 7 days. $35 if paid within 30 days. May be liable for up to 2x the amount of the check, plus fees of $250. Mich. Comp. Laws § 600.2952
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	Yes Mich. Comp. Laws § 125.530(3)
Tenant Allowed to Repair and Deduct Rent:	No statute
Self-Help Evictions:	Not allowed Mich. Comp. Laws § 600.2918
Landlord Allowed to Recover Court and Attorney’s Fees:	No statute stating if a landlord is allowed to recover. However, a landlord is prohibited from including a provision in the lease agreement that a party is responsible for legal costs/attorney fees. Mich. Comp. Laws § 554.633(g)
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	No statute

Notices and Entry:

TOPIC	RULE
Notice to Terminate Tenancy:	Year-to-year tenancies may be terminated with notice of lease expiration in 1 year. Mich. Comp. Laws § 554.134(4)
Notice to Terminate a Periodic Lease – Week-to-week:	Equal intervals between payments, e.g 1 week. Mich. Comp. Laws § 554.134(1)
Notice to Terminate a Periodic Lease – Month-to-Month:	1-month notice. Mich. Comp. Laws § 554.134(1)
Notice to Terminate Lease due to Sale of Property:	No specific statute. Depends on the length of the lease as explained in Mich. Comp. Laws § 554.134
Notice of date/time of Move-Out Inspection:	No specific statute about a notice being required. However, an inventory checklist shall be provided to the tenant upon giving posession of premises to be returned within 7 days. At termination of tenancy, landlord must do a new inventory checklist to list any damages. Mich. Comp. Laws § 554.608
Notice of Termination for Nonpayment:	7-day notice to quit Mich. Comp. Laws § 554.134(2)
Notice for Lease Violation:	24-hour notice for lease violations related explicitly to controlled substances. 7-day notice for nonpayment, noncompliance, etc. Mich. Comp. Laws § 554.134(2)(4)
Required Notice before Entry:	No statute, but common practice is 24-hour notice within a reasonable timeframe.
Entry Allowed with Notice for Maintenance and Repairs:	Yes Mich. Comp. Laws § 600.2918(3)(b)
Emergency Entry Allowed without Notice:	No statute, but usually if there is an emergency it’s allowed
Entry Allowed During Tenant’s Extended Absence:	Yes. If the landlord believes in good faith that the tenant has been deceased for a minimum of 18 days. Mich. Comp. Laws § 600.2918(3)(d)(iii)
Entry Allowed with Notice for Showing the Property:	No statute
Notice to Tenants for Pesticide Use:	No statute
Lockouts Allowed:	Not allowed Mich. Comp. Laws § 600.2918(2)(e)
Utility Shut-offs Allowed:	Not allowed Mich. Comp. Laws § 600.2918(2)(f)
Electronic Notices Allowed:	Yes if parties agreed to it previously. Mich. Comp. Laws § 450.835

Disclosures

• Name and Addresses: Must disclose the name and address of the landlord and authorized agents. (Mich. Comp. Laws § 554.634)
• Copy of the Lease: Tenants must be given a written copy. (Mich. Comp. Laws § 554.634)
• Domestic Violence Situations: Lease may be terminated with court documentation. (Mich. Comp. Laws § 554.601b)

Duties

Landlord’s Duties

• Compliance: Comply with health and safety codes. (Mich. Comp. Laws § 125.471)
• Repairs: Keep premises in good repair and fit for use. (Mich. Comp. Laws § 554.139)
• Common Areas: Keep in reasonable repair and safe condition. (Mich. Comp. Laws § 554.139)
• Maintenance: Maintain essential services and facilities. (Mich. Comp. Laws § 554.139)
• Garbage: Provide for removal. (Standard practice)

Tenant’s Duties

• Cleanliness: Keep rental unit clean. (Common law)
• Trash: Dispose of waste properly. (Common law)
• Plumbing: Use responsibly. (Common law)
• Appliances: Use in a proper manner. (Common law)
• Damage: Do not damage the premises. (Mich. Comp. Laws § 554.139)
• Quiet Enjoyment: Respect others’ right to quiet enjoyment. (Common law)
• Subleasing: Only if lease permits. (Lease-specific)
• Retaliation: Prohibited. (Mich. Comp. Laws § 600.5720)
• Lead Disclosure: Federal requirement.