Overview of Landlord-Tenant Laws in Michigan

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 Rental Application and Tenant Screening Laws

Michigan law regulates very little of the tenant application and screening process.

Application Fees

There is no law in Michigan that prohibits landlords from charging an application fee.

Tenant Screening Reports

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.

Criminal History Screening

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.

Fair Housing Laws

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:

• race or color
• religion
• national origin
• familial status or age (includes families with children under the age of 18 and pregnant women)
• disability or handicap, and
• sex (includes gender identity and sexual orientation).

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 Security Deposit Laws

Michigan landlords can't charge more than one and one-half month's rent as a security deposit.

How Landlords Must Hold Security Deposits

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).)

Landlords Must Give Tenants an Inventory Checklist

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).)

Security Deposit Return

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).)

Required Landlord Disclosures in Michigan

In many states, landlords must disclose specific information to tenants and potential tenants. Michigan landlords must disclose information about:

• Owner or agent identity: Leases and rental agreements must contain the name and address of the person who can receive notices. (Mich. Comp. Laws § 554.634 (2024).)
• Truth in Renting Act information: Leases and rental agreements must state in a prominent place in highly visible font: "NOTICE: Michigan law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person." (Mich. Comp. Laws § 554.634 (2024).)
• Rights of domestic violence victims: A lease or rental agreement may contain a provision stating: "A tenant who has a reasonable apprehension of present danger to him or her or his or her child from domestic violence, sexual assault, or stalking may have special statutory rights to seek a release of rental obligation under MCL 554.601b." If this notice isn't in the lease or rental agreement, the landlord must post it in the management office or deliver it as a written notice when the lease agreement is signed. (Mich. Comp. Laws § 554.601b (2024).)

Michigan Late Fees and Other Rent Rules

In Michigan, rent is due on whatever day the landlord and tenant agree to.

Grace Periods and Late Fees

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.

Rent Increases

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.

Michigan Landlords Must Provide Habitable Rentals

Like landlords in all states, Michigan landlords must provide rentals that are safe and fit for human habitation. Specifically, Michigan landlords must:

• keep the rental in reasonable repair during the tenancy and
• comply with state and local health and safety laws.

(Mich. Comp. Laws § 554.139 (2024).)

Tenant Rights to Withhold Rent in Michigan

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.

Small Claims Lawsuits in Michigan

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.

Michigan Termination and Eviction Rules

Michigan landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.

Notice of Termination for Cause

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.

• 24-hour notice: As long as the lease or rental agreement states that illegal drug activity at the rental can be grounds for termination, the landlord can give the tenant a 24-hour notice to move out if the tenant has engaged in illegal drug activity at the rental and a formal police report has been filed. If the tenant doesn't move out within 24 hours, the landlord can file an eviction lawsuit. (Mich. Comp. Laws § 600.5714(1)(b) (2024).)
• 7-day notice: A seven-day notice to move out can be given when the tenant hasn't paid rent, has committed injury to the rental, allows a serious and continuing health hazard, or injures or threatens injury to another person. The notice must inform the tenant that they must move out within seven days. If the tenant pays the rent or fixes the issue noted, the landlord can't file an eviction lawsuit. If the tenant does neither, the landlord can file an eviction lawsuit. (Mich. Comp. Laws §§ 134; 600.5714 (2024).)
• 30-day notice: If a tenant violates the lease or rental agreement in any other way, and the lease or rental agreement states that the violation is grounds for termination, the landlord can give the tenant a 30-day notice to move out. If the tenant doesn't move out within 30 days, the landlord can file an eviction lawsuit. (Mich. Comp. Laws § 600.5714(1)(c)(i) (2024).)

Notice of Termination Without Cause

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.

Ending a Month-to-Month Tenancy Without Cause

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).)

Ending a Tenancy With a Long-Term Lease Without Cause

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.

Tenant Defenses to Eviction

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.

Illegal Evictions

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).)

Michigan Rules About Landlords' Access to Property

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.

Where to Find Michigan Landlord-Tenant Laws

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.

Local Ordinances Affecting Michigan Landlords and Tenants

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.

Federal Landlord-Tenant Laws and Regulations

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.

Nolo Resources on Legal Research and Landlord-Tenant Law

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.

For landlords:

• Every Landlord's Guide to Finding Great Tenants
• Every Landlord's Legal Guide
• Leases & Rental Agreements
• Every Landlord's Tax Deduction Guide
• First-Time Landlord
• Every Landlord's Guide to Managing Property

For tenants:

• Renters' Rights
• Every Tenant's Legal Guide