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Michigan laws govern much of the landlord-tenant relationship, including security deposits, late rent, and evictions. Here's a breakdown of key laws that affect nearly all Michigan landlords and tenants.
Michigan law regulates very little of the tenant application and screening process.
There is no law in Michigan that prohibits landlords from charging an application fee.
A tenant screening report is a credit report, criminal background report, employment history report, or rental history report that a landlord uses to determine whether an applicant would be an acceptable tenant. Michigan landlords are free to charge reasonable amounts for tenant screening reports.
Michigan does not have a state law prohibiting landlords from considering applicants' criminal histories. However, landlords must still be careful. When landlords consider applicants' criminal history, they must do so in a consistent, nondiscriminatory manner. If a landlord's practice of considering criminal history has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are directly related to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.
All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating on the basis of:
Michigan's fair housing law also prohibits discrimination based on height, weight, and marital status. (Mich. Comp. Laws § 37.2102 (2024).)
For more information about fair housing in Michigan—including links to local fair housing laws—visit the Fair Housing Center's website.
Michigan landlords can't charge more than one and one-half month's rent as a security deposit.
Unlike landlords in other states, after depositing the security deposit in a regulated financial institution, Michigan landlords can use the money for any purpose as long as they deposit with the secretary of state a surety bond for the amount of the entire deposit. (Mich. Comp. Laws § 554.604 (2024).)
At the beginning of the tenancy, the landlord must give the tenant two blank copies of a checklist for inspecting the property. The checklist must include all items in the rental that are owned by the landlord, such as carpeting, appliances, walls, closets, paint, doors, plumbing fixtures, and electrical fixtures.
Unless the landlord and tenant agree to complete the checklist earlier, the tenant must review the checklist, note the condition of the property, and return one copy of the checklist to the landlord within seven days of moving in.
At the end of the tenancy, the landlord must complete the same checklist noting any damages the landlord claims were caused by the tenant. (Mich. Comp. Laws § 554.608 (2024).)
Michigan tenants must notify the landlord in writing within 4 days of the end of the tenancy of an address where the landlord can send the security deposit and other communications. Failure to do so means the landlord won't have to send an itemized list of damages (see below), but doesn't forfeit the tenant's right to receive the security deposit. (Mich. Comp. Laws § 554.611 (2024).)
If the landlord claims that the tenant damaged the rental, the landlord must mail to the tenant an itemized list of damages within 30 days after the tenancy ends. The itemization must include an estimated cost of each item. The list must include a check or money order for any remaining security deposit. The itemization must include the language: "You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages." (Mich. Comp. Laws § 554.609 (2024).)
If the landlord doesn't send a notice of damages to the tenant within 30 days of the end of the tenancy, the landlord can't claim any damages and must immediately return the full security deposit to the tenant. (Mich. Comp. Laws § 554.610 (2024).)
If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. Small claims courts in Michigan can hear cases in which the plaintiff—the person suing—isn't asking for more than $7,000.
Although Michigan law doesn't allow you to have a lawyer in small claims court, the procedures tend to be simpler than those of regular courts, so you can easily represent yourself.
In Michigan, rent is due on whatever day the landlord and tenant agree to.
Michigan doesn't require landlords to give tenants a grace period for paying rent. However, a landlord and tenant can agree in the lease or rental agreement that there will be a grace period.
Michigan landlords can charge late fees, and there is no cap on how much they can charge. Most judges won't enforce unreasonable late fees, though. In general, a late fee will be considered reasonable as long as it doesn't exceed 4%-5% of the rent and has an upper limit.
In many states, landlords must disclose specific information to tenants and potential tenants. Michigan landlords must disclose information about:
Michigan landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so.
For month-to-month tenancies, Michigan law doesn't specify the amount of notice landlords must give to raise the rent. A reasonable amount of notice would likely be the same length of time that the agreement is for: 30 days.
Like landlords in all states, Michigan landlords must provide rentals that are safe and fit for human habitation. Specifically, Michigan landlords must:
Michigan landlords can't rent units in multiple dwellings unless they have a certificate of compliance. (Mich. Comp. Laws § 125.529 (2024).)
If a certificate of compliance isn't issued for the rental, tenants can stop paying rent to the landlord and instead put it into an escrow account. The money will be paid by the agency enforcing the certificate of compliance to the landlord only for purposes of making the repairs. (Mich. Comp. Laws § 554.139 (2024).)
Tenants can raise a landlord's failure to provide a habitable rental as a defense to a landlord's eviction suit for nonpayment of rent. (Rome v. Walker, 196 N.W.2d 850 (Mich. Ct. App. 1972).) Michigan law also recognizes tenants' rights to withhold rent and make repairs, but tenants must keep detailed records of the costs of the repairs made and must give the landlord a reasonable opportunity to fix the issue first.
Michigan landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.
A landlord who wants to evict a tenant in Michigan before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy. Reasons to terminate a tenancy in Michigan include nonpayment of rent, illegal activity at the rental, threat of violence at the rental, and violation of the lease or rental agreement.
When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. This is done by giving the tenant notice. The type of notice depends on the situation.
The process for ending a tenancy without cause depends on the type of tenancy. Here's what needs to happen for month-to-month tenancies and tenancies with a long-term lease.
If a tenant has a month-to-month rental agreement, and the landlord wants the tenant to move out but doesn't have cause to end the tenancy, the landlord must give the tenant a one-month notice to vacate. The notice must inform the tenant that the tenancy is ending in a month and that the tenant must move out by this date. If the tenant doesn't move out by the deadline in the notice, the landlord can file an eviction lawsuit. (Mich. Comp. Laws § 554.134 (2024).)
When a landlord wishes to end a fixed-term lease but doesn't have cause to evict the tenant, the landlord has to wait until the lease has expired before expecting the tenant to move. The landlord isn't required to give the tenant notice of the approaching end of the tenancy unless the terms of the lease require it.
Even though a landlord might have a valid reason to evict a tenant, the tenant can still choose to fight the eviction. For example, the tenant could claim that the eviction is the result of the landlord illegally discriminating, or is in retaliation for the tenant exercising a legal right. (Mich. Comp. Laws § 600.5720 (2024).)
Michigan law also allows special protections for tenants who have experienced domestic violence. Some of these protections might provide a tenant with a defense against eviction. (Mich. Comp. Laws § 554.601b (2024).)
A tenant's decision to fight the eviction could increase the costs of the eviction, and it could result in the tenant having more time to remain in the rental. For these reasons, it's often in the best interests of both the tenant and the landlord to try to negotiate a compromise rather than head to court. Mediation is a common way for landlords and tenants to work issues out—check to see if your community has a low-cost or free housing mediation program.
Under Michigan law, landlords can't take self-help measures to evict a tenant. For example, a landlord can't exclude the tenant from the rental by use of force or threat of force, removing the tenant's property, changing the locks, or cutting utilities.
If a landlord is found to have illegally evicted a tenant, the tenant can recover the greater of their actual damages or $200 for each occurrence. The tenant can also regain possession of the rental. (Mich. Comp. Laws § 600.2918 (2024).)
Although Michigan statutes don't address when and how landlords can enter a rental, it's always okay for a landlord to enter with the tenant's consent or when there's a reasonable belief that there's imminent danger to lives or property.
Otherwise, in the absence of an emergency, landlords should give tenants reasonable notice before entering a rental for other purposes, such as an inspection or to show the rental to prospective tenants. Reasonable notice is typically at least 24 hours. Entry should be made only at reasonable times, which might be when the tenant gives permission or during regular business hours.
If you want to read the text of a law itself, see the Michigan Legislature's website. For details about Michigan landlord-tenant law, see the Legislature's A Practical Guide for Tenants & Landlords.
Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in Michigan and then search when you're on the site.
Municode is a good source for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Michigan.
Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Michigan. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.
The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.
For more information on legal research, check out Legal Research: How to Find & Understand the Law, by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.
You'll also find a wealth of information in Nolo's landlord-tenant books.