Michigan Roommate Agreement
A Michigan room rental agreement, commonly referred to as a roommate agreement, is a contract that allows a tenant to share a dwelling with one or more co-tenants. This agreement establishes rules and responsibilities for those sharing the living space.
Michigan Roommate Agreement
Quick Guide To Writing a Michigan Room Rental Agreement
- Parties Involved: Specify who is making the agreement, the property location, and the landlord’s identity. Include current contact information for all signatories.
- Lease Term: Note the term of the existing lease and the duration of the roommate agreement.
- Security Deposit: Discuss the security deposit, including how it will be divided among roommates and the rules for its return or deduction.
- Rent: State the total rent amount and how it will be split among roommates.
- Utilities: Determine how utility payments will be divided and who is responsible for making payments to utility companies.
- Lease Violations: Establish rules for addressing violations of the lease or roommate agreement, including procedures for when a roommate needs to move out early.
- House Rules: List any house rules regarding food, cleaning, guests, etc.
- Room Assignments: Divide bedrooms and decide which areas will or will not be shared.
- Signatures: Ensure all parties sign and date the agreement, and attach the completed landlord consent form.
Types of Roommate Arrangements in Michigan
There are three primary legal classifications for roommate situations in Michigan:
Co-Tenancy
In a co-tenancy, all roommates sign the original lease with the landlord’s approval. They pay rent to the same landlord and share equal responsibility for adhering to the lease terms. Co-tenants typically do not have the authority to evict one another; any misconduct must be reported to the landlord.
Subtenancy
In a subtenancy, the original tenant acts as the landlord to the roommate, who pays rent to the original tenant. The original tenant is responsible for addressing any rental issues faced by the subtenant and can usually evict the subtenant for misconduct. Subleasing is generally prohibited without the landlord’s permission and can lead to lease termination and eviction.
At-Will Tenancy / Guest Tenancy
This arrangement is informal and may occur with or without the landlord’s consent. In Michigan, a guest status can last for up to 28 consecutive days or a total of 80 days within a calendar year. After this period, the guest may be considered a subtenant, requiring formal eviction by the landlord for removal. Landlords can impose limits on guest stays and may evict if the original tenant violates guest rules.
Lease Violations in Roommate Situations
Roommates, as co-tenants, are “jointly and severally liable” for the lease terms. This means that any co-tenant can be held fully responsible for lease violations. The landlord can seek full recovery from any co-tenant for unpaid rent or other violations. If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant remains liable for any violations committed by the roommate.
Resolving Roommate Disputes in Michigan
In the event of disputes, the lease takes precedence over the roommate agreement. House rules regarding shared responsibilities, such as food sharing or cleaning, may not be enforceable in court. Roommates with disagreements unrelated to the lease may consider using a neutral third-party service, such as mediation or arbitration, to resolve their issues.
Statutes
- Mich. Comp. Laws § 125.530 – Certificate withheld; premises not to be occupied; conditions of issuance; suspension of rent payments, escrow; account for rent and possession
- Mich. Comp. Laws § 554.633 – Rental agreement; prohibited provisions or clauses; violation
- Mich. Comp. Laws § 554.201 – Untenantable building; surrender, liability of lessee for rent
- Mich. Comp. Laws § 554.134(1) – Termination of estate at will or by sufferance or tenancy from year to year
- Mich. Comp. Laws § 554.134(2) – Termination of estate at will or by sufferance or tenancy from year to year
- Mich. Comp. Laws § 554.134(3) – Termination of estate at will or by sufferance or tenancy from year to year
- Mich. Comp. Laws § 554.134(4) – Termination of estate at will or by sufferance or tenancy from year to year
- Mich. Comp. Laws § 554.139 – Lease or license of residential premises; covenants; modifications; liberal construction, inspection
- Mich. Comp. Laws § 554.601b – Tenant under apprehension of danger from domestic violence, sexual assault, or stalking; release from rental payment obligation; written notice; content; documentation; forwarding information; liability of multiple tenants; applicability; remedies against other parties; definitions
- Mich. Comp. Laws § 554.602 – Security deposit; amount
- Mich. Comp. Laws § 554.603 – Security deposit; notice
- Mich. Comp. Laws § 554.604 – Security deposit, disposition; bond
- Mich. Comp. Laws § 554.607 – Security deposit; permissible uses
- Mich. Comp. Laws § 554.608 – Inventory checklists
- Mich. Comp. Laws § 554.608(4) – Inventory checklists
- Mich. Comp. Laws § 554.609 – Itemized list of damages; check or money order; contents of notice of damages
- Mich. Comp. Laws § 554.610 – Effect of noncompliance with notice of damages requirement
- Mich. Comp. Laws § 554.611 – Notice of forwarding address; effect of noncompliance
- Mich. Comp. Laws § 554.612 – Response to notice of damages
- Mich. Comp. Laws § 554.613 – Action for damages; retention of security deposit; waiver
- Mich. Comp. Laws § 554.634(1) – Rental agreement; mandatory statements
- Mich. Comp. Laws § 600.2918(2)(c & d) – Damages for forcible entry and detainer; damages for unlawful interference with possessory interest; exceptions; opening of probate estate; forcible entry or possession by occupant; action for possession; claim for injunctive relief; joinder; waiver; commencement of action; limitations; “owner” defined
- Mich. Comp. Laws § 600.2918(2)(f) – Damages for forcible entry and detainer; damages for unlawful interference with possessory interest; exceptions; opening of probate estate; forcible entry or possession by occupant; action for possession; claim for injunctive relief; joinder; waiver; commencement of action; limitations; “owner” defined
- Mich. Comp. Laws § 600.2918(3)(b) – Damages for forcible entry and detainer; damages for unlawful interference with possessory interest; exceptions; opening of probate estate; forcible entry or possession by occupant; action for possession; claim for injunctive relief; joinder; waiver; commencement of action; limitations; “owner” defined
- Mich. Comp. Laws § 600.2918(3)(c) – Damages for forcible entry and detainer; damages for unlawful interference with possessory interest; exceptions; opening of probate estate; forcible entry or possession by occupant; action for possession; claim for injunctive relief; joinder; waiver; commencement of action; limitations; “owner” defined
- Mich. Comp. Laws § 600.2952 – Failure of maker to pay amount of dishonored check, draft, or order; liability; written demand for payment; delivery and text; effect of payment before trial; jurisdiction of action
- Mich. Comp. Laws § 600.5714 – Summary proceedings to recover possession of premises; holding over by tenant or occupant of public housing or by tenant of mobile home park
- Mich. Comp. Laws § 600.5720 – Judgment for possession of premises for alleged termination of tenancy; grounds for not entering; retaliatory termination of tenancy; presumptions; burden
- Mich. Comp. Laws § 600.5759 – Costs
- Mich. Comp. Laws § 600.8401 – Small claims division; creation; judge; jurisdiction
- Mich. Comp. Laws § 600.5807(8) – Damages for breach of contract; specific performance; period of limitations; bond; deed; mortgage; surety bond; appeal bond; public obligations; other actions
FAQs
A Michigan roommate agreement is a contract that outlines the terms and conditions for tenants sharing a dwelling. It specifies responsibilities, rent distribution, utility payments, and house rules, ensuring all co-tenants understand their obligations.
Key components include the identification of parties involved, lease term duration, security deposit arrangements, rent splitting, utility payment responsibilities, rules for lease violations, house rules, and bedroom assignments.
Co-tenancy means that all roommates are on the same lease and share equal responsibility for the rental terms. This arrangement requires all roommates to sign the lease and allows them to be jointly liable for any violations.
Roommates can resolve disputes by referring to the original lease, which takes priority over the roommate agreement. For disagreements not related to the lease, they may consider mediation or arbitration as a neutral third-party solution.
In a co-tenancy situation, if one roommate fails to pay their share of the rent, the landlord can demand full payment from any of the co-tenants. All roommates are jointly and severally liable for the lease terms.
Co-tenancy involves all roommates being on the same lease with equal responsibilities, while subtenancy occurs when one tenant rents out part of the property to another without the landlord’s consent. Subtenants typically have fewer rights and can be evicted by the original tenant.
Yes, a landlord can refuse to allow roommates. While they may consent to the main tenant having roommates, they are not obligated to accept them, and the original lease terms must be followed.
A roommate agreement in Michigan is legally binding, but it cannot override the original lease. House rules may not be enforceable in court, and disputes should be resolved according to the lease terms.