Michigan Tenants' Rights When a Landlord Refuses to Make Repairs

Michigan tenants are legally entitled to safe, habitable rental properties that meet basic structural, health, and safety standards and are in good repair. When landlords fail to meet these standards or make essential repairs, Michigan tenants have options on how to remedy the situation.

Landlord's Duty to Provide Habitable Housing

Under Michigan law, landlords must:

• keep the rental and common areas fit for the intended residential use
• make reasonable repairs throughout the tenancy
• comply with applicable health and safety laws, and
• address repairs that aren't caused by the tenants' conduct.

(Mich. Comp. Laws § 554.139 (2025).)

Michigan laws have recognized tenants' rights to withhold rent in some manner when a landlord doesn't maintain a habitable rental. (Rome v. Walker, 196 N.W.2d 850 (Mich. 1972).)

Tenant Remedies When a Landlord Doesn't Make Repairs

If you're facing a situation where your landlord isn't making essential repairs—such as fixing broken heating, patching a leaky roof, or maintaining electrical systems—you must make sure that state law recognizes your right to relief in your situation. It's also important to follow closely any steps required by law when you start asserting your rights.

In many states, tenants have three options when a rental is uninhabitable: They can withhold rent, make the repairs and deduct the costs from rent, or end the tenancy and move out. Although Michigan recognizes the right to withhold rent and use repair and deduct, there aren't very clear guidelines on how to do so.

Rent Withholding

Statutory law in Michigan gives tenants the right to withhold rent under only very specific circumstances. Michigan requires landlords to have a certificate of compliance—a document that certifies that the rental property is in a "safe, healthful, and fit condition." If the landlord doesn't have a valid certificate of compliance, the tenant's duty to pay rent is suspended. Unfortunately for the tenant, that doesn't mean they can simply stop paying rent; instead it means that the tenant must pay rent into an escrow account held by the agency that enforces and issues certificates of compliance. (Mich. Comp. Laws § 125.530 (2025).)

That being said, the Michigan Supreme Court has held that tenants can defend against an eviction lawsuit for nonpayment of rent on the ground that they withheld the rent because the landlord wasn't maintaining the property in a habitable condition. (Rome v. Walker, 196 N.W.2d 850 (Mich. 1972); also see Mich. Comp. Laws § 600.5720(1)(f) (2025).)

Repair and Deduct Remedy

Tenants might be able to make repairs and deduct the cost of the repair from rent in Michigan, but must proceed cautiously, because the law isn't settled in this area. Tenants who plan to use the repair and deduct remedy should:

• before making any repairs, advise the landlord in writing about the issue
• allow the landlord a reasonable amount of time to respond and have the problem fixed
• make repairs only after a reasonable amount of time has passed
• ensure that the work is done by a professional or in a workmanlike manner
• obtain and keep receipts for all work performed, and
• deduct only actual, reasonable repair expenses from the rent.

Using the repair and deduct remedy probably isn't a good idea if the cost of the repairs will exceed one month's rent. The MSU College of Law's Housing Clinic published a Practical Guide for Tenants & Landlords that addresses repairs and rent in more detail.

Because of the lack of clarity on this topic, it's a good idea for tenants to consult with a local attorney before going this route.

Conditions That Qualify for Tenant Remedies

Before withholding rent or using the repair and deduct remedy, tenants should ensure that the conditions rise to the level that warrant using one of these remedies.

Some examples of situations that usually qualify for a tenant remedy include:

• lack of heating
• plumbing failures that affect waste lines or access to water
• dangerous electrical conditions
• structural defects that create a safety hazard
• bed bug or other pest infestations
• mold, and
• code violations.

Tenants can't use the remedies discussed above for:

• damage resulting from their own misconduct or negligence
• repairs needed due to normal wear and tear, or
• issues that don't affect habitability or safety.

The potential consequence of using these remedies incorrectly is serious: the landlord can terminate the tenancy for nonpayment of rent. Tenants who are facing these issues should document what's going on in the rental thoroughly—take notes, pictures, and video. Follow all notice procedures, and, at the very least, give the landlord written notice of the problem and a reasonable deadline by which to fix it. Keep a copy of the notice and proof that it was actually delivered to and received by the landlord. When in doubt, contact a local landlord-tenant attorney or a legal clinic for advice.