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Michigan Carolina Counties

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Michigan State Law

Below is a copy of Title 49 the landlord tenant code for MI. This is the ultimate source of truth for landlord tenant issues in the great state of Michigan. This is a large file but every other one we found online was jumbled up into numerous pages and hard to decipher. This should be easier to read and extract.

Michigan Landlord-Tenant Law

Complete verbatim statute text Β· 52 sections

πŸ“‘ Table of Contents
General
MCL 554.601 Definitions MCL 554.601a Termination of Lease by Senior or Incapacitated Tenant MCL 554.601b Early Termination for Domestic Violence MCL 554.601c Prohibition on Source-of-Income Discrimination MCL 554.601d Civil Remedy for Source-of-Income Discrimination MCL 554.602 Security Deposit; Maximum Amount MCL 554.603 Security Deposit; Required Notice to Tenant MCL 554.604 Security Deposit; Disposition and Bond Requirements MCL 554.605 Security Deposit as Property of Tenant MCL 554.606 Non-Waiver of Act Requirements MCL 554.607 Security Deposit; Permissible Uses MCL 554.608 Inventory Checklists; Commencement and Termination MCL 554.609 Itemized List of Damages; 30-Day Deadline MCL 554.610 Effect of Landlord's Failure to Provide Timely Notice of Damages MCL 554.611 Tenant's Duty to Provide Forwarding Address MCL 554.612 Tenant's Response to Notice of Damages MCL 554.613 Action for Damages; Retention of Security Deposit; Penalty for Non-Compliance MCL 554.614 Termination of Landlord's Interest; Liability for Security Deposit MCL 554.615 Enforcement of Act MCL 554.616 Effective Date and Applicability MCL 554.631 Truth in Renting Act; Short Title MCL 554.632 Truth in Renting Act; Applicability MCL 554.633 Truth in Renting Act; Prohibited Lease Provisions MCL 554.634 Truth in Renting Act; Required Lease Disclosure MCL 554.635 Truth in Renting Act; Cure Period for Prohibited Provisions MCL 554.636 Truth in Renting Act; Remedies MCL 554.139 Landlord's Duty to Maintain Premises; Covenant of Fitness and Habitability MCL 600.5714 Eviction; Grounds for Summary Proceedings MCL 600.5716 Eviction Notice; Required Content MCL 600.5718 Eviction Notice; Methods of Delivery MCL 600.5714(1)(a); Notice Period Eviction Notice Periods by Grounds MCL 600.5735 Eviction Complaint; Required Contents and Service MCL 600.5744 Order of Eviction; Timing and Execution MCL 600.5711 Prohibition on Self-Help Eviction MCL 600.5720 Retaliatory Eviction; Defense MCL 600.5741 Money Judgment in Eviction Proceedings MCL 600.5747 Tenant's Right to Cure Nonpayment After Judgment MCL 600.2918 Damages for Unlawful Interference with Tenancy MCL 566.106 and 566.108 Statute of Frauds; Lease Term Requirements MCL 554.134 Notice to Terminate Periodic Tenancy MCL 554.139(2) Modification of Repair Duty by Agreement MCL 125.536 Local Housing Codes; Landlord Compliance MCL 554.601b(2) Security Deposit Retention After Domestic Violence Early Termination MCL 600.8401 Small Claims Court Jurisdiction MCL 554.601c(2) Source of Income Discrimination; Small Landlord Exemption MCL 554.609; Security Deposit Timeline Security Deposit Timeline: Key Deadlines Summary MCL 600.5714; Eviction Timeline Eviction Timeline: Start to Finish Summary Repair and Maintenance; Tenant Remedies Tenant Remedies for Landlord's Failure to Repair MCL 554.601 et seq.; Sublease Subleasing; Rights and Obligations MCL 554.601 et seq.; Lease Types Types of Tenancies in Michigan Civil Rights; Fair Housing Fair Housing Protections Applicable to Michigan Rental Housing MCL 554.601 et seq.; Lease Requirements Required Lease Provisions and Disclosures in Michigan
MCL 554.601

Definitions

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As used in this act: (a) 'Landlord' means: (i) the owner, lessor, or sublessor of a rental unit or the property of which it is a part; or (ii) a person authorized to exercise any aspect of the management of the premises, including a person that directly or indirectly acts as a rental agent or receives rent other than as a bona fide purchaser, and that has no obligation to deliver the receipts to another person. (b) 'Rental agreement' means an agreement that establishes or modifies the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a rental unit. (c) 'Rental unit' means a structure or part of a structure used as a home, residence, or sleeping unit by a single person or household unit, or any grounds or other facilities or area promised for the use of a residential tenant, including apartment units, boarding houses, rooming houses, mobile home spaces, and single and 2-family dwellings. (d) 'Security deposit' means a deposit in any amount paid by the tenant to the landlord to be held for the term of the rental agreement and includes any required prepayment of rent other than the first full rental period of the lease agreement. (e) 'Senior citizen housing' means housing for individuals 62 years of age or older subsidized in whole or in part under any local, state, or federal program. (f) 'Source of income' includes benefits or subsidy programs including housing assistance, housing choice vouchers under 42 USC 1437f, public assistance, veterans' benefits, Social Security, supplemental security income, and other programs administered by any federal, state, local, or nonprofit entity. (g) 'Tenant' means an individual who occupies a rental unit for residential purposes with the landlord's consent for an agreed upon consideration.
πŸ“ Michigan Comment
Amended by 2024, Act 179, Eff. Apr. 2, 2025. The definition of 'source of income' was added as part of the 2024 amendments prohibiting source-of-income discrimination.
πŸ’‘ General Comment
Foundational definitions for the Michigan Landlord and Tenant Relationships Act (Act 348 of 1972). These definitions govern interpretation of all subsequent sections. Mobile home spaces are expressly included in the definition of rental unit.
MCL 554.601a

Termination of Lease by Senior or Incapacitated Tenant

↑
(1) A rental agreement shall provide that a tenant who has occupied a rental unit for more than 13 months may terminate a lease by a 60-day written notice to the landlord if 1 of the following occurs: (a) The tenant becomes eligible during the lease term to take possession of a subsidized rental unit in senior citizen housing and provides the landlord with written proof of that eligibility. (b) The tenant becomes incapable during the lease term of living independently, as certified by a physician in a notarized statement. (2) This section applies only to leases entered into, renewed, or renegotiated after the effective date of this section.
πŸ“ Michigan Comment
Added by 1995, Act 79, Imd. Eff. June 15, 1995. Applies only to leases entered into, renewed, or renegotiated after June 15, 1995. The tenant must have occupied the unit for more than 13 months before this right arises.
πŸ’‘ General Comment
Provides a special early termination right for qualifying senior citizens and persons who become incapable of independent living. The 60-day written notice requirement is mandatory. This right cannot be waived by the lease.
MCL 554.601b

Early Termination for Domestic Violence

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Sexual Assault
πŸ“ Michigan Comment
or Stalking Victims
πŸ’‘ General Comment
(1) A tenant who has a reasonable apprehension of present danger to the tenant or his or her child from domestic violence, sexual assault, or stalking shall be released from his or her rental payment obligation after submittal of written notice by certified mail and written documentation of the reasonable apprehension of present danger. (2) The tenant is released from an obligation to pay rent no later than the first day of the second month that rent is due after notice is given. A release does not apply to prepaid amounts including prepayment of first and last months' rent and does not take effect before the tenant vacates the premises. (3) Acceptable documentation includes: a valid personal protection order; a valid probation, conditional release, or parole order; a written police report resulting in filed charges; or a verified third-party report signed by a qualified third party such as a domestic violence counselor, licensed health professional, mental health professional, or member of the clergy affiliated with a 501(c)(3) religious institution. (4) The landlord shall not reveal the tenant's forwarding address to the person identified as the source of the danger. (5) If multiple tenants are parties to the rental agreement, all other tenants remain subject to the agreement when one tenant is released under this section.
πŸ“„ View Official Source β†— Effective: Tenants facing documented domestic violence, sexual assault, or stalking may terminate their rental obligation without penalty. The landlord has an affirmative obligation to protect the tenant's forwarding address from the alleged abuser. Remaining co-tenants are not released.
MCL 554.601c

Prohibition on Source-of-Income Discrimination

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(1) A landlord shall not, based on the source of income of an otherwise eligible prospective or current tenant: (a) deny or terminate a tenancy; (b) make any distinction, discrimination, or restriction in price, terms, conditions, fees, or privileges relating to rental or occupancy; (c) otherwise make unavailable or deny any rental unit; (d) represent that a unit is unavailable when it is available; (e) discriminate based on a tenant's use of emergency rental assistance; (f) exclude any source of income in the form of a rent voucher or subsidy when calculating income criteria; (g) attempt to discourage a rental; (h) publish any notice indicating a preference or limitation based on source of income; (i) assist or coerce another person to commit a violation; or (j) coerce, intimidate, threaten, or interfere with any person exercising rights under this section. (2) This section does not apply to a person who, including all related entities, is a landlord of fewer than 5 rental units in this state.
πŸ“ Michigan Comment
Added by 2024, Act 178, Eff. Apr. 2, 2025. The small-landlord exemption covers persons with fewer than 5 total rental units in Michigan including units held by related entities. The exemption applies per person, not per property.
πŸ’‘ General Comment
Major 2025 addition prohibiting source-of-income discrimination including Section 8/HCV vouchers and other government assistance. Landlords with 5 or more units statewide must accept otherwise qualified applicants who use housing vouchers. Local ordinances in Ann Arbor and East Lansing had previously prohibited source-of-income discrimination.
MCL 554.601d

Civil Remedy for Source-of-Income Discrimination

↑
(1) A person alleging a violation of section 1c may bring a civil action for appropriate injunctive relief or damages, or both. 'Damages' means actual damages for injury or loss caused by each violation, or up to 3 times the monthly rent for the rental unit or units at issue, whichever is less, together with court costs and reasonable attorney fees. (2) An action may be brought in the circuit court for the county where the alleged violation occurred, or for the county where the person against whom the civil complaint is filed resides or where that person's principal place of business is located.
πŸ“ Michigan Comment
Added by 2024, Act 199, Eff. Apr. 2, 2025. The damages cap of 3 times monthly rent applies per violation. Attorney fees are recoverable, making this a fee-shifting provision that incentivizes enforcement.
πŸ’‘ General Comment
Provides an express private right of action for source-of-income discrimination with a damages formula tied to monthly rent. The fee-shifting provision meaningfully expands tenant enforcement options compared to other Michigan landlord-tenant remedies.
MCL 554.602

Security Deposit; Maximum Amount

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A landlord may require a security deposit for each rental unit. A security deposit shall be required and maintained in accordance with the terms of this act and shall not exceed 1 1/2 months' rent.
πŸ“ Michigan Comment
No amendment history since original enactment. Note that Ann Arbor and East Lansing local ordinances cap security deposits at 1 month's rent for units within their jurisdictions. Landlords must comply with whichever limit is lower.
πŸ’‘ General Comment
Michigan caps security deposits at 1.5 times the monthly rent. Any refundable fee or depositβ€”regardless of labelβ€”is counted toward this cap. Nonrefundable fees are not security deposits and may be charged in any amount, subject to a general reasonableness standard.
MCL 554.603

Security Deposit; Required Notice to Tenant

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A landlord shall not require a security deposit unless the landlord notifies the tenant no later than 14 days from the date a tenant assumes possession in a written instrument of: the landlord's name and address for receipt of communications; the name and address of the financial institution or surety holding the deposit; and the tenant's obligation to provide a forwarding mailing address to the landlord within 4 days after termination of occupancy. The notice shall include the following statement in 12-point boldface type at least 4 points larger than the body of the notice or lease: 'You must notify your landlord in writing within 4 days after you move of a forwarding address where you can be reached and where you will receive mail; otherwise your landlord shall be relieved of sending you an itemized list of damages and the penalties adherent to that failure.' Failure to provide the required information relieves the tenant of his obligation relative to notification of the landlord of his forwarding mailing address.
πŸ“ Michigan Comment
The 14-day notice period runs from the date the tenant assumes possession, not from the lease start date. The boldfaced forwarding address notice must meet specific typographic requirements. Most landlords include this notice in the lease itself.
πŸ’‘ General Comment
Failure to provide the required notice within 14 days does not void the security deposit requirement but does create legal exposure for the landlord. Including all required notices within the lease agreement at signing is the recommended best practice.
MCL 554.604

Security Deposit; Disposition and Bond Requirements

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(1) The security deposit shall be deposited in a regulated financial institution. A landlord may use the money deposited for any purposes if the landlord deposits with the Secretary of State a cash bond or surety bond written by a surety company licensed in Michigan and acceptable to the attorney general to secure the entire deposits up to $50,000 and 25% of any amount exceeding $50,000. The attorney general may find a bond unacceptable based only upon reasonable criteria relating to the sufficiency of the bond and shall notify the landlord in writing of reasons for unacceptability. (2) The bond shall be for the benefit of persons making security deposits with the landlord. A person for whose benefit the bond is written or the person's legal representative may bring an action in the district, common pleas, or municipal court where the landlord resides or does business for collection on the bond.
πŸ“ Michigan Comment
The surety bond option allows landlords to commingle or spend security deposit funds as long as the bond is in place. Bonds must be filed with the Michigan Secretary of State. The $50,000 threshold and 25% above $50,000 formula are unchanged since 1973.
πŸ’‘ General Comment
Landlords have two options for handling security deposits: (1) deposit funds in a regulated financial institution and leave them segregated, or (2) post a qualifying surety bond with the Secretary of State and use the funds freely. Most residential landlords use the financial institution option.
MCL 554.605

Security Deposit as Property of Tenant

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For the purposes of this act and any litigation arising thereunder, the security deposit is considered the lawful property of the tenant until the landlord establishes a right to the deposit or portions thereof as long as the bond provision is fulfilled, the landlord may use this fund for any purposes the landlord desires.
πŸ“ Michigan Comment
No amendment history since original enactment. This section establishes the legal ownership status of security deposit funds during the tenancy.
πŸ’‘ General Comment
The security deposit remains the tenant's property throughout the tenancy. The landlord acquires a right to the deposit only through the procedures specified in the actβ€”compliance with the notice, checklist, and court requirementsβ€”or by a written agreement with the tenant.
MCL 554.606

Non-Waiver of Act Requirements

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The requirements of this act may not be waived by the parties to a rental agreement except as specifically provided herein.
πŸ“ Michigan Comment
No amendment history since original enactment. The only expressly waivable provision in the act is the 7-day inventory checklist return period, which may be shortened but not lengthened by agreement.
πŸ’‘ General Comment
Lease clauses that attempt to waive tenant rights under the Landlord and Tenant Relationships Act are void. This is a mandatory consumer protection statute. Landlords cannot contractually opt out of security deposit procedures, notice requirements, or inventory checklist obligations.
MCL 554.607

Security Deposit; Permissible Uses

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A security deposit may be used only for the following purposes: (a) reimburse the landlord for actual damages to the rental unit or any ancillary facility that are the direct result of conduct not reasonably expected in the normal course of habitation of a dwelling; (b) pay the landlord for all rent in arrearage under the rental agreement, rent due for premature termination of the rental agreement by the tenant, and for utility bills not paid by the tenant.
πŸ“ Michigan Comment
No amendment history since original enactment. The statute expressly limits deductions to the three listed categories. Cleaning fees, re-letting fees, and administrative charges are not permissible deductions from a security deposit unless they constitute 'actual damages' from conduct beyond normal habitation.
πŸ’‘ General Comment
Michigan courts apply a 'reasonable wear and tear' standard. Deductions for normal aging, minor scuffs, or routine cleaning are not permitted. Only damage beyond what is expected from ordinary habitation may be charged against the deposit. Utility bill deductions require that the tenant was contractually responsible for those utilities.
MCL 554.608

Inventory Checklists; Commencement and Termination

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(1) The landlord shall make use of inventory checklists both at the commencement and termination of occupancy for each rental unit for which a security deposit is required. (2) At the commencement of the lease, the landlord shall furnish the tenant 2 blank copies of a commencement inventory checklist identical to the form used for the termination inventory checklist. The checklist shall include all items in the rental unit owned by the landlord including but not limited to carpeting, draperies, appliances, windows, furniture, walls, closets, shelves, paint, doors, plumbing fixtures, and electrical fixtures. (3) Unless the landlord and tenant agree to complete the checklist within a shorter period, the tenant shall review the checklist, note the condition of the property, and return 1 copy to the landlord within 7 days after receiving possession of the premises. (4) The checklist shall contain the following notice in 12-point boldface type at the top of the first page: 'You should complete this checklist, noting the condition of the rental property, and return it to the landlord within 7 days after obtaining possession of the rental unit. You are also entitled to request and receive a copy of the last termination inventory checklist which shows what claims were chargeable to the last prior tenants.' (5) At the termination of the occupancy, the landlord shall complete a termination inventory checklist listing all the damages the landlord claims were caused by the tenant.
πŸ“ Michigan Comment
No amendment history since original enactment. The parties may agree to a shorter return period than 7 days but not a longer period. The tenant has the right to request the prior tenant's termination checklist. Photographs and video are strongly recommended as supplements to the written checklist.
πŸ’‘ General Comment
Failure by the tenant to return the checklist within 7 days significantly weakens any dispute the tenant may later raise about pre-existing conditions. Failure by the landlord to provide two blank copies at move-in may impair the landlord's ability to claim damages from the security deposit. Both parties should retain signed, dated copies.
MCL 554.609

Itemized List of Damages; 30-Day Deadline

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In case of damage to the rental unit or other obligation against the security deposit, the landlord shall mail to the tenant, within 30 days after the termination of occupancy, an itemized list of damages claimed for which the security deposit may be used as provided in section 7, including the estimated cost of repair of each property damaged item and the amounts and bases on which the landlord intends to assess the tenant. The list shall be accompanied by a check or money order for the difference between the damages claimed and the amount of the security deposit held and shall not include any damages that were claimed on a previous termination inventory checklist prior to the tenant's occupancy. The notice of damages shall include the following statement in 12-point boldface type at least 4 points larger than the body of the notice: 'You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages.'
πŸ“ Michigan Comment
The 30-day period runs from the date of termination of occupancy, not the lease end date. Mailing is required; personal delivery or email is not sufficient unless the parties have specifically agreed otherwise. Landlords must accompany the itemized list with payment for any undisputed balance.
πŸ’‘ General Comment
The 30-day deadline is a hard deadline. A landlord who misses it forfeits the right to claim any damages from the security deposit (MCL 554.610) and must return the full deposit immediately. Pre-existing damages listed on a prior tenancy's termination checklist cannot be claimed against a new tenant.
MCL 554.610

Effect of Landlord's Failure to Provide Timely Notice of Damages

↑
Failure by the landlord to comply with the notice of damages requirement within the 30 days after the termination of occupancy constitutes agreement by the landlord that no damages are due and the landlord shall remit to the tenant immediately the full security deposit.
πŸ“ Michigan Comment
No amendment history since original enactment. This section provides a strict penalty for the landlord's failure to comply with the 30-day notice deadline in MCL 554.609.
πŸ’‘ General Comment
One of the most significant tenant protections in Michigan law. Missing the 30-day deadline strips the landlord of all security deposit claims regardless of the actual condition of the unit. Landlords should calendar the deadline the day the tenant vacates and mail the itemized list via first-class mail.
MCL 554.611

Tenant's Duty to Provide Forwarding Address

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The tenant shall notify the landlord in writing at the address given under section 3 within 4 days after termination of occupancy of an address at which communications pursuant to this act may be received. Failure to comply with this requirement relieves the landlord of the requirement of notice of damages but does not prejudice a tenant's subsequent claim for the security deposit.
πŸ“ Michigan Comment
No amendment history since original enactment. Notice must be in writing; verbal notification does not satisfy the requirement. The 4-day period begins upon termination of actual occupancy, not the end of the lease term.
πŸ’‘ General Comment
Failure to provide a written forwarding address within 4 days relieves the landlord of the duty to send the itemized damage list. However, the tenant's claim to the deposit itself is not forfeitedβ€”the burden to file suit may simply shift. Best practice for tenants is to deliver written forwarding address notice by certified mail on or before the move-out date.
MCL 554.612

Tenant's Response to Notice of Damages

↑
If a landlord claims damages to a rental unit and gives notice of damages as required, the tenant upon receipt of the list of damages shall respond by ordinary mail to the address provided by the landlord within 7 days, indicating in detail the tenant's agreement or disagreement with the damage charges listed. For the purposes of this section the date of mailing shall be considered the date of the tenant's response.
πŸ“ Michigan Comment
No amendment history since original enactment. The response must be by ordinary mail; email or verbal dispute is insufficient. The response must be detailedβ€”a blanket denial is inadequate. The date of mailing, not receipt, controls the 7-day deadline.
πŸ’‘ General Comment
Tenants who fail to respond within 7 days by ordinary mail forfeit the ability to dispute the specific charges listed. The response must address each disputed item individually with specific reasons for disagreement. Failure to respond shifts the burden of suit to the tenant and allows the landlord to retain the disputed amounts without filing a court action.
MCL 554.613

Action for Damages; Retention of Security Deposit; Penalty for Non-Compliance

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(1) Within 45 days after termination of occupancy and not thereafter the landlord may commence an action in a court of competent jurisdiction for a money judgment for damages claimed, or in lieu thereof return the balance of the security deposit or any amount mutually agreed upon in writing by the parties. A landlord shall not be entitled to retain any portion of a security deposit for disputed damages unless the landlord has first obtained a money judgment for the disputed amount, or filed satisfactory proof of inability to obtain service on the tenant, or unless: (a) the tenant failed to provide a forwarding address as required by section 11; (b) the tenant failed to respond to the notice of damages as required by section 12; (c) the parties agreed in writing to the disposition of the balance; or (d) the amount claimed is entirely based upon accrued and unpaid rent for any full rental period or portion thereof during which the tenant had actual or constructive possession. (2) Failure of the landlord to comply fully with this section constitutes waiver of all claimed damages and makes the landlord liable to the tenant for double the amount of the security deposit retained.
πŸ“ Michigan Comment
No amendment history since original enactment. The 45-day period runs from termination of occupancy. The double-damages penalty under subsection (2) is automatic upon non-compliance and does not require proof of bad faith.
πŸ’‘ General Comment
The double-damages penalty is one of the most powerful tenant remedies in Michigan. If a landlord retains any disputed portion of the deposit without complying with all required procedures and then fails to file suit within 45 days, the landlord owes the tenant twice the amount wrongfully retained. Attorney general or affected individual may bring enforcement action under MCL 554.615.
MCL 554.614

Termination of Landlord's Interest; Liability for Security Deposit

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Upon termination of a landlord's interest in a rental unit whether by sale, assignment, death, appointment of receiver, or otherwise, the landlord or the landlord's agent is liable with respect to the security deposit until the occurrence of any of the following: (a) transfer of the deposit to the landlord's successor in interest and written notification to the tenant by ordinary mail of the transfer and of the successor's name and address; (b) compliance with section 4 by the successor in interest; or (c) return of the security deposit to the tenant.
πŸ“ Michigan Comment
No amendment history since original enactment. All three conditions are alternatives; fulfillment of any one of them terminates the original landlord's liability. Until one of these events occurs, both the original landlord and the new owner may be jointly liable.
πŸ’‘ General Comment
When a rental property is sold or otherwise transferred, the original landlord remains liable for the security deposit until proper transfer procedures are completed. Tenants should be notified by ordinary mail of the transfer and the new owner's contact information. New owners should ensure compliance with MCL 554.604 independently.
MCL 554.615

Enforcement of Act

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The attorney general or any affected individual may bring an action to enforce this act in a court of competent jurisdiction in the county where the defendant resides or does business.
πŸ“ Michigan Comment
No amendment history since original enactment. 'Affected individual' is broadly construed to include any tenant whose rights under the act have been violated.
πŸ’‘ General Comment
Both the Michigan attorney general and private individuals have standing to sue for enforcement of the Landlord and Tenant Relationships Act. This dual enforcement mechanism allows tenant-initiated litigation without need for government involvement.
MCL 554.616

Effective Date and Applicability

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This act takes effect April 1, 1973, and applies only to security deposits held pursuant to leases entered into, renewed, or renegotiated after April 1, 1973.
πŸ“ Michigan Comment
No amendment history since original enactment. Leases predating April 1, 1973, were governed by the prior common law rules.
πŸ’‘ General Comment
Establishes the prospective applicability of Act 348 of 1972. All residential leases entered into after April 1, 1973, in Michigan are subject to the security deposit and related provisions of the act.
MCL 554.631

Truth in Renting Act; Short Title

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This act shall be known and may be cited as the 'Truth in Renting Act'.
πŸ“ Michigan Comment
1978, Act 454, Eff. Mar. 30, 1979. The Truth in Renting Act is separate from Act 348 of 1972 and governs the content and form of written residential lease agreements.
πŸ’‘ General Comment
The Truth in Renting Act regulates the substantive content of written residential lease agreements in Michigan. It operates alongside Act 348 of 1972 and the eviction statutes in MCL Chapter 600.
πŸ“„ View Official Source β†— Effective: March 30, 1979
MCL 554.632

Truth in Renting Act; Applicability

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This act applies to a rental agreement for a dwelling unit used for residential purposes if the agreement is prepared by or on behalf of the landlord except that this act does not apply to an agreement the terms of which consist solely of: (a) the names of the parties; (b) a description or address of the premises; (c) the rental period; (d) the amount of rent; (e) the timing of payments; and (f) a signature line.
πŸ“ Michigan Comment
Simple oral or written agreements limited to the six listed elements are exempt from the Truth in Renting Act's prohibitions and disclosure requirements. Most standard printed or electronic lease forms are subject to the act.
πŸ’‘ General Comment
Any lease with provisions beyond the six exempt elements must comply with the Truth in Renting Act. This practically means all multi-clause residential leases in Michigan must comply. The act applies to leases prepared by or on behalf of the landlord.
πŸ“„ View Official Source β†— Effective: March 30, 1979
MCL 554.633

Truth in Renting Act; Prohibited Lease Provisions

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A rental agreement for residential premises shall not contain a provision that: (1) waives or alters a remedy available to a party when the rental unit is in a condition violating the covenants of fitness and habitability; (2) waives a right established under the security deposit laws; (3) unlawfully excludes or discriminates against a person in violation of civil rights laws; (4) provides for a confession of judgment or warrant of attorney; (5) relieves the landlord from liability for failure to perform a duty or for negligent performance of a duty imposed by law; (6) waives or alters a party's right to demand a jury trial or any other right of notice or procedure required by law; (7) provides that a party is liable for legal costs or attorney fees in excess of amounts specifically permitted by statute; (8) provides for the landlord to take a security interest in any of the tenant's personal property except as specifically permitted by statute; (9) provides for acceleration of rental payments upon a lease violation unless the amount is determined by the court; (10) waives or alters a party's right with respect to possession or eviction proceedings; (11) releases a party from the duty to mitigate damages; (12) provides that the landlord may alter a lease provision after the lease begins without the tenant's written consent, except that with 30 days' written notice the landlord may make changes required by law, changes in rules relating to health, safety, and peaceful enjoyment, and changes in rental payment amounts to cover increases in property taxes, utilities, or property insurance premiums if the lease contains a clause permitting such adjustments; (13) violates the Consumer Protection Act, MCL 445.901 to 445.922; or (14) requires the tenant to give the landlord a power of attorney.
πŸ“ Michigan Comment
A prohibited provision is void but does not automatically void the entire lease. The landlord has 20 days after written notice from the tenant to remove or correct a prohibited provision (MCL 554.635). The right to alter rent for taxes, utilities, and insurance under item (12) requires an enabling clause in the lease.
πŸ’‘ General Comment
This section is the core of the Truth in Renting Act. Any of the 14 listed provisions in a written residential lease is void and unenforceable regardless of whether the tenant signed the lease. Landlords who fail to correct prohibited provisions after proper notice face statutory damages.
πŸ“„ View Official Source β†— Effective: March 30, 1979
MCL 554.634

Truth in Renting Act; Required Lease Disclosure

↑
Each rental agreement subject to this act shall state in a prominent place in at least 12-point boldface type the following notice: '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.'
πŸ“ Michigan Comment
The disclosure must be at least 12-point boldface type. Placement must be prominentβ€”burying the disclosure in fine print likely does not satisfy the requirement. Many landlords place this notice at the top or immediately before the signature line.
πŸ’‘ General Comment
Failure to include the required disclosure gives the tenant grounds for legal action under MCL 554.636. The disclosure is a mandatory component of any covered residential lease agreement in Michigan.
πŸ“„ View Official Source β†— Effective: March 30, 1979
MCL 554.635

Truth in Renting Act; Cure Period for Prohibited Provisions

↑
If a rental agreement contains a provision prohibited by this act or fails to include a provision required by this act, and the landlord is notified in writing of the deficiency by the tenant, the landlord has 20 days after written notice to remove or correct the prohibited provision or to add the required provision. Failure by the landlord to make the correction within 20 days of written notice subjects the landlord to the remedies available under section 636.
πŸ“ Michigan Comment
The 20-day cure period runs from actual written notice by the tenant to the landlord. Oral notice is insufficient. The landlord must remove the offending provision from all lease agreements in which it appears, not just the tenant's individual lease.
πŸ’‘ General Comment
The cure mechanism allows landlords to correct drafting errors before facing liability. However, the landlord must correct the provision in all affected leases. If the landlord fails to cure within 20 days, the tenant may void the entire lease or seek statutory damages.
πŸ“„ View Official Source β†— Effective: March 30, 1979
MCL 554.636

Truth in Renting Act; Remedies

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If a landlord fails to correct a prohibited provision or to add a required provision within the 20-day period after written notice from the tenant, the tenant may bring an action to: (1) void the entire lease agreement and terminate the tenancy; (2) require the landlord to remove the prohibited provision from or add the required provision to all lease agreements in which it is included; and (3) recover $250 per action for each prohibited provision, or $500 per action for each missing required disclosure provision, or actual damages, whichever is greater.
πŸ“ Michigan Comment
The $250/$500 statutory damage amounts are per action, not per provision. The tenant may also recover actual damages if they exceed the statutory minimums. The right to void the entire lease is a significant remedy available only after the landlord fails to cure.
πŸ’‘ General Comment
The combination of voiding the lease and statutory damages makes non-compliance with the Truth in Renting Act potentially costly for landlords. The $500 penalty for missing the required disclosure notice (MCL 554.634) reflects the legislature's emphasis on tenant awareness of their rights.
πŸ“„ View Official Source β†— Effective: March 30, 1979
MCL 554.139

Landlord's Duty to Maintain Premises; Covenant of Fitness and Habitability

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(1) In every lease or license of residential premises, the lessor or licensor covenants: (a) that the premises and all common areas are fit for the use intended by the parties; (b) to keep the premises in reasonable repair during the term of the lease or license, and to comply with the applicable health and safety laws of the state and of the local unit of government where the premises are located, except when the disrepair or violation of the applicable health or safety laws has been caused by the tenant's willful or irresponsible conduct or lack of conduct. (2) The parties to a lease or license may modify the duty to repair imposed under subsection (1)(b) only if the lease or license has a current term of at least 1 year.
πŸ“ Michigan Comment
1968, Act 236, Eff. Nov. 15, 1968. This section is part of the Revised Judicature Act and codifies the common law implied warranty of habitability in Michigan. The duty to maintain common areas under (1)(a) cannot be modified by agreement regardless of lease term.
πŸ’‘ General Comment
The landlord's habitability covenant under MCL 554.139 is the foundation of tenant rights to livable housing in Michigan. The duty to maintain premises in reasonable repair during the tenancy cannot be waived in leases shorter than one year. Tenant remedies for breach include rent withholding into escrow, repair and deduct, and assertion of habitability as a defense to eviction.
πŸ“„ View Official Source β†— Effective: November 15, 1968
MCL 600.5714

Eviction; Grounds for Summary Proceedings

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(1) A person may recover possession of premises by summary proceedings: (a) when a tenant holds over after the expiration of the term of the lease under which the premises are held; (b) when a tenant holds over after termination of the tenancy by notice as provided in this act; (c) when a tenant fails to pay the rent when due; (d) when a tenant has committed waste upon the premises; (e) when a tenant has unlawfully held over after voluntary surrender; (f) when a tenant or person holding under the tenant has violated a statutory or lease condition and the lease provides for re-entry or termination upon such violation; (g) for drug-related activity on the premises; (h) when a person holds over after the person's rights of possession have terminated pursuant to an action for possession by the owner. (2) The statutory conditions for summary proceedings for nonpayment of rent require a written demand for payment or possession served on the tenant. (3) For drug activity evictions under (1)(g) the landlord must file a formal police report.
πŸ“ Michigan Comment
Grounds for eviction are enumerated; a landlord cannot evict for reasons not listed in this section. The drug-related activity ground requires both a formal police report and a lease provision allowing termination for such conduct. 'Waste' means extensive and continuing damage to the property.
πŸ’‘ General Comment
Michigan's summary proceedings statute governs all residential evictions. The procedure moves quickly by designβ€”hearings are typically set within 7 to 14 days of filing. Only a court officer executing a writ of eviction may physically remove a tenant; self-help evictions are illegal under MCL 600.5711.
πŸ“„ View Official Source β†— Effective: January 1, 1963
MCL 600.5716

Eviction Notice; Required Content

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The notice to quit or demand for possession must: (1) be in writing; (2) be addressed to the tenant; (3) describe the rental propertyβ€”an address is sufficient; (4) give the reason for eviction; (5) state the time for the tenant to take remedial action; (6) include the landlord's signature; and (7) include the date. An oral demand for possession or rent will not be recognized by the court.
πŸ“ Michigan Comment
The required content is mandatory. A notice missing any of the seven elements is likely defective and will not support an eviction action. Approved court forms (DC 100a, DC 100c) are available from Michigan district courts.
πŸ’‘ General Comment
A defective notice to quit requires the landlord to start the pre-court process over. Landlords should use Michigan State Court Administrative Office approved forms to ensure compliance. The notice is the foundation of the entire eviction proceeding.
πŸ“„ View Official Source β†— Effective: January 1, 1963
MCL 600.5718

Eviction Notice; Methods of Delivery

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Once the eviction notice is prepared, it must be delivered to the tenant by: (1) personal delivery to the tenant; (2) delivery at the rental property to a member of the tenant's household of suitable age with a request that it be delivered to the tenant; (3) first-class mail addressed to the tenant; or (4) electronic service if the tenant has specifically consented in writing to electronic service and confirmation has been sent and affirmatively replied to by the tenant. If delivered personally, the notice period begins the next day. If mailed, the notice period begins the next mail delivery day.
πŸ“ Michigan Comment
Electronic service is a newer option added after initial enactment and requires affirmative written consent from the tenant before it can be used. First-class mail is the most commonly used service method. The notice period does not begin until the day after delivery or the next mail delivery day.
πŸ’‘ General Comment
Three separate service methods are available for the initial notice to quit. This is different from service of the Summons and Complaint, which requires mail plus one additional method. Landlords should retain proof of delivery regardless of method used.
πŸ“„ View Official Source β†— Effective: January 1, 1963
MCL 600.5714(1)(a); Notice Period

Eviction Notice Periods by Grounds

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The minimum notice period before the landlord may file suit depends on the ground for eviction: (1) 24-HOUR NOTICE: illegal drug activity on the premises with a formal police report filed and a lease provision allowing termination for such conduct. (2) 7-DAY NOTICE: nonpayment of rent; extensive and continuing physical injury to property; serious and continuing health hazard; physical violence or threat of violence to another person with a formal police report filed. (3) 30-DAY NOTICE: violation of a lease provision where the lease allows termination; forceful entry or peaceful entry with forceful stay or trespass; holding over after natural expiration of the lease term; just cause for terminating a mobile home park tenant; just cause for terminating a government-subsidized housing tenant.
πŸ“ Michigan Comment
Notice periods are statutory minimums. The notice period begins the day after personal delivery or the next mail delivery day after mailing. The landlord cannot file the eviction complaint until after the applicable notice period has expired without the tenant curing the issue where cure is permitted.
πŸ’‘ General Comment
Michigan's 7-day notice for nonpayment of rent is among the shorter notice periods in the Midwest, contributing to the state's landlord-friendly reputation. Cure of nonpayment by paying all rent due terminates the eviction proceeding based on that notice. Lease violations and holdover tenancies require 30-day notice.
πŸ“„ View Official Source β†— Effective: January 1, 1963
MCL 600.5735

Eviction Complaint; Required Contents and Service

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The landlord must file a Complaint and Summons with the district court. The Complaint must include: (1) a description of the rental property; (2) the reason(s) for eviction; (3) a demand for a jury trial if the landlord wants one; (4) if rent or other money is due, the rental period and rate, the amount due when the Complaint was filed, and the dates payments became due; and (5) allegations that the landlord has kept the residential rental property fit for use and in reasonable repair. The following must be attached to the Complaint: a copy of the eviction notice and a copy of the lease unless the tenancy was oral. The Summons and Complaint must be served on the tenant by mail and one additional method: personal service, certified mail return-receipt restricted delivery, delivery to a household member of suitable age, or after diligent attempts at personal service by posting to the main entrance of the unit.
πŸ“ Michigan Comment
Jurisdiction over eviction proceedings is limited to district courts and remaining municipal courts in Michigan. The Complaint must be filed in the district court for the county where the rental property is located. Most district courts provide approved pre-printed forms (DC 102a, DC 102c, DC 104).
πŸ’‘ General Comment
The requirement that the Complaint allege compliance with the habitability covenant (MCL 554.139) means landlords who have failed to maintain the premises in reasonable repair may face dismissal. The dual service requirement for the Summons and Complaint is more stringent than for the initial notice to quit.
πŸ“„ View Official Source β†— Effective: January 1, 1963
MCL 600.5744

Order of Eviction; Timing and Execution

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Unless the law provides differently, the court cannot issue an Order of Eviction (Writ of Eviction) for at least 10 days after judgment. The 10-day period allows the tenant time to cure by paying the rent owed if nonpayment was the ground for eviction, to appeal, or to make other arrangements. Issuance of the writ must occur within 56 days after judgment and must be executed no later than 56 days after the writ is issued. A Writ of Eviction may be issued immediately without the 10-day waiting period in the following circumstances: (a) the premises are government-subsidized housing and a required certificate of compliance has not been issued and the premises have been ordered vacated; (b) possession is unlawfully held by force after peaceful entry; (c) the tenant is willfully or negligently causing a serious health hazard or extensive injury to the premises and is refusing to vacate or repair; (d) the eviction is based on illegal drug activity.
πŸ“ Michigan Comment
For nonpayment of rent evictions, full payment of the rent plus fees and costs awarded may stop the issuance of the writ even after judgment. Partial payment does not stop issuance. Only the sheriff or a court officer may physically execute the writ.
πŸ’‘ General Comment
The 10-day post-judgment waiting period is a meaningful tenant protection that allows time for payment arrangements, appeals, or orderly departure. Self-help by the landlord at any stageβ€”changing locks, removing property, or shutting off utilitiesβ€”is a separate actionable violation under MCL 600.5711 and MCL 600.2918.
πŸ“„ View Official Source β†— Effective: January 1, 1963
MCL 600.5711

Prohibition on Self-Help Eviction

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A landlord shall not by force, or otherwise, enter upon or take possession of the premises or any part of the premises except through legal proceedings.
πŸ“ Michigan Comment
This section has been consistently interpreted to prohibit all forms of self-help eviction including changing locks, removing the tenant's belongings, shutting off utilities, and removing doors or windows. No exception exists for abandoned property situations absent compliance with the statutory abandonment procedures.
πŸ’‘ General Comment
Self-help eviction is illegal in Michigan regardless of the circumstances. Violations give the tenant a cause of action for damages under MCL 600.2918, which may include actual damages, statutory damages, and attorney fees. Landlords should always proceed through the district court summary proceedings process.
πŸ“„ View Official Source β†— Effective: January 1, 1963
MCL 600.5720

Retaliatory Eviction; Defense

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(1) In any action for possession of a premises, or for an increase in rent, or in any action for damages based upon termination of a lease, it is a defense that the landlord commenced such action or increased the rent within 90 days after the tenant sought to enforce, or indicated an intent to enforce, any rights under the lease, the health and safety laws of the state or local government, the landlord's duty to repair under MCL 554.139, or the tenant's right of organization and collective action. (2) A presumption of retaliation arises if the landlord initiated the eviction or rent increase within the 90-day period. The landlord may rebut this presumption by a preponderance of the evidence that the eviction or rent increase was not in retaliation for the tenant's protected activity.
πŸ“ Michigan Comment
The 90-day period is measured from the date of the tenant's protected activity. Protected activities include reporting health and safety code violations, exercising rights under the lease, filing a complaint against the landlord, or joining or organizing a tenants' association.
πŸ’‘ General Comment
The retaliatory eviction defense is a complete defense to an eviction action if established. The 90-day presumption shifts the burden of proof to the landlord once the tenant shows a protected activity occurred within that window. Landlords with legitimate grounds to evict should document those grounds carefully and independently of any tenant complaints.
πŸ“„ View Official Source β†— Effective: January 1, 1963
MCL 600.5741

Money Judgment in Eviction Proceedings

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In addition to a judgment for possession, the court may enter a money judgment for rent due and unpaid, damages to the rental unit beyond reasonable wear and tear, unpaid utility bills the tenant was responsible for, and any other damages flowing from the tenant's violation of the lease. The money judgment may be collected by garnishment of wages, bank accounts, and tax refunds, and by execution against the tenant's personal property. A money judgment may appear on the tenant's credit report.
πŸ“ Michigan Comment
The court may grant or decline to grant money damages independently of the possession judgment. A landlord may obtain a money judgment even if the possession judgment is for the tenant. The collection remedies are the same as for any civil money judgment in Michigan.
πŸ’‘ General Comment
Michigan landlords can combine the eviction proceeding with a claim for money damages, making the summary proceeding efficient. The ability to garnish wages and bank accounts post-judgment is a significant enforcement mechanism, though collection depends on the tenant having attachable assets.
πŸ“„ View Official Source β†— Effective: January 1, 1963
MCL 600.5747

Tenant's Right to Cure Nonpayment After Judgment

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If the judgment for the landlord in a summary proceeding is based solely on nonpayment of rent, the tenant may redeem the premises by paying the amount of rent due plus costs of the action within 10 days of the entry of judgment. Full payment within the 10-day period stops the issuance of the Writ of Eviction. Partial payment does not satisfy the redemption right.
πŸ“ Michigan Comment
The redemption right applies only to nonpayment-of-rent evictions. Tenants evicted for lease violations, drug activity, or holdover do not have a statutory right to redeem by payment. The 10-day period runs from entry of judgment by the court.
πŸ’‘ General Comment
This post-judgment redemption right is an important safety net for tenants who can pay after losing at trial. Landlords expecting payment should ensure the amount tendered is the full judgment amount including court costs. The landlord is not required to accept partial payment.
πŸ“„ View Official Source β†— Effective: January 1, 1963
MCL 600.2918

Damages for Unlawful Interference with Tenancy

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(1) Any person who is denied the right to possession of premises by means of a forcible entry or forcible detainer, or by means of a forcible act of exclusion, shall have a cause of action for damages. (2) In an action under this section the court may award actual damages, statutory damages of up to 3 times the monthly rent, and reasonable attorney fees. (3) The landlord's conduct of changing locks, removing the tenant's property, shutting off utilities, or other acts that interfere with the tenant's right to possession without a court order constitutes an unlawful interference with the tenancy.
πŸ“ Michigan Comment
The treble damages provision applies to each separate act of unlawful interference, not just the overall course of conduct. Attorney fees are recoverable, making this a fee-shifting statute. The statute applies even if the tenant is behind on rent or otherwise in default.
πŸ’‘ General Comment
This section provides the tenant's primary remedy for self-help eviction. The combination of treble damages and attorney fees creates a significant deterrent against landlord self-help. Even landlords with otherwise valid grounds for eviction who bypass the court process face liability under this section.
πŸ“„ View Official Source β†— Effective: January 1, 1963
MCL 566.106 and 566.108

Statute of Frauds; Lease Term Requirements

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A lease agreement for a term longer than 1 year must be in writing to be enforceable under the Statute of Frauds. An oral lease for a term exceeding 1 year is not enforceable as a fixed-term lease. If the parties act under an oral lease that would require writing and the tenant occupies the premises and pays rent, which the landlord accepts, the tenancy is treated as a month-to-month tenancy.
πŸ“ Michigan Comment
Michigan's Statute of Frauds requires written leases for terms exceeding 1 year. This differs from some states where oral leases are valid for terms up to 3 years. The parties may agree orally to a lease of exactly 1 year.
πŸ’‘ General Comment
Landlords should always use written leases regardless of term to establish clear documentation of agreed terms. An oral lease for a 2-year term, for example, is enforceable only as a month-to-month tenancy under Michigan law, giving neither party the certainty of a fixed term.
MCL 554.134

Notice to Terminate Periodic Tenancy

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A tenancy from year to year may be terminated by either party by giving notice to the other party at least 1 year or 6 months before the expiration of the tenancy as agreed upon by the parties. A tenancy from month to month may be terminated by either party by giving 1 month's notice before the expiration of the month. A tenancy at will may be terminated by either party by giving 1 month's notice to the other party. Notice for termination of a tenancy for a term of less than 1 month shall be equal to the period of the tenancy.
πŸ“ Michigan Comment
No amendment since original enactment. These notice periods are minimums. A lease may specify longer notice periods for termination. A landlord who accepts rent after a fixed-term lease expires without a new agreement converts the tenancy to a month-to-month tenancy.
πŸ’‘ General Comment
Michigan's required notice periods for periodic tenancy termination are standard. Month-to-month tenants may be terminated with 30 days' notice by either party without any specific reason. Landlords should be careful not to accept rent for a period beyond the notice expiration as this may create a new period of the tenancy.
MCL 554.139(2)

Modification of Repair Duty by Agreement

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The parties to a lease or license may modify the duty to repair imposed under subsection (1)(b) only if the lease or license has a current term of at least 1 year. The duty under subsection (1)(a) that the premises and common areas be fit for the use intended by the parties cannot be modified by agreement regardless of lease term.
πŸ“ Michigan Comment
This provision allows landlords and tenants in longer-term residential leases to contractually allocate repair and maintenance responsibilities differently from the statutory default. The allocation must be mutually agreed upon and reflected in the lease.
πŸ’‘ General Comment
In leases of one year or more, Michigan landlords and tenants may contractually shift maintenance obligations to the tenant (e.g., tenant responsible for lawn care, minor repairs up to a specified dollar amount). This flexibility is not available in leases shorter than one year. The implied warranty of habitability under subsection (1)(a) cannot be modified regardless of lease term.
πŸ“„ View Official Source β†— Effective: November 15, 1968
MCL 125.536

Local Housing Codes; Landlord Compliance

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Landlords must comply with all applicable municipal, county, and state housing codes and ordinances. Most Michigan municipalities have adopted housing codes establishing minimum habitability standards above the state baseline. Many municipalities require rental property inspections and licenses before tenants may occupy. Landlords who fail to comply with local housing codes may be subject to fines, required repairs, and may lose the ability to collect rent during periods of code non-compliance.
πŸ“ Michigan Comment
Requirements vary significantly by municipality. Ann Arbor, Detroit, Grand Rapids, Lansing, and Flint all have robust local rental registration and inspection programs. Landlords operating in multiple jurisdictions must track each municipality's specific requirements.
πŸ’‘ General Comment
Local housing codes in Michigan's larger cities often impose obligations significantly beyond the state minimum. Landlords should contact their local city or county code enforcement office to determine applicable registration, inspection, and habitability requirements. Non-compliance with local codes can be used as a defense by tenants in eviction proceedings.
πŸ“„ View Official Source β†— Effective: Varies by municipality
MCL 554.601b(2)

Security Deposit Retention After Domestic Violence Early Termination

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A release of rental obligation under the domestic violence early termination provision does not apply to prepaid amounts, including but not limited to prepayment of first and last months' rent. A release of rental obligation does not take effect before the tenant vacates the premises. Nothing in this section shall prevent a landlord from withholding security deposits pursuant to section 13(1)(d) of Act 348 of 1972, which permits retention for accrued and unpaid rent.
πŸ“ Michigan Comment
This subsection clarifies the intersection of the domestic violence termination right with the security deposit rules. The tenant's security deposit is not fully insulated from claimsβ€”accrued rent through the effective termination date may be deducted.
πŸ’‘ General Comment
Landlords must balance the tenant's right to early termination against permissible security deposit deductions. Rent accrues until the effective termination date (the first day of the second month after notice) or the date the tenant vacates, whichever is later. Penalties for wrongful disclosure of the tenant's forwarding address to the abuser may include civil liability.
πŸ“„ View Official Source β†— Effective: October 5, 2010
MCL 600.8401

Small Claims Court Jurisdiction

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The small claims division of the district court has jurisdiction over civil claims not exceeding $7,000. Landlord-tenant disputes including security deposit claims, claims for rent, and claims for property damage may be brought in small claims court if the amount in controversy does not exceed $7,000. Attorneys are not permitted to represent parties in small claims proceedings. The small claims court decision is final and not appealable to a higher court, although a judge may reopen the case on petition. If a case is heard by an attorney magistrate, either party may appeal.
πŸ“ Michigan Comment
The $7,000 jurisdictional limit applies to the amount of the claim, not the value of the rental property. Disputes exceeding $7,000 must be filed in the general civil division of the district court where attorney representation is permitted.
πŸ’‘ General Comment
Small claims court is the most accessible and cost-effective forum for resolving Michigan landlord-tenant disputes within the dollar limit. The absence of attorneys and simplified procedures make it accessible to pro se parties. Either party may transfer the case to the general civil division by filing a Demand for Removal before or on the hearing date.
πŸ“„ View Official Source β†— Effective: January 1, 1963
MCL 554.601c(2)

Source of Income Discrimination; Small Landlord Exemption

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This section does not apply to a person if the person, including all related entities to that person, is a landlord of fewer than 5 rental units in this state. As used in this subsection: (a) 'Person' means an individual, partnership, corporation, association, limited liability company, or any other legal entity. (b) 'Related entity' means a person that, directly or indirectly, controls, is controlled by, or is under common control with another person.
πŸ“ Michigan Comment
The exemption is calculated by aggregating all rental units owned by the person and all related entities. A landlord with 4 units individually plus 2 units held through an LLC that the same person controls would have 6 total units and would not qualify for the exemption.
πŸ’‘ General Comment
The small-landlord exemption prevents MCL 554.601c from applying to very small individual landlords, but the related-entity aggregation rule prevents easy circumvention through entity splitting. Local ordinances in Ann Arbor and East Lansing that prohibit source-of-income discrimination may not have the same exemption threshold.
MCL 554.609; Security Deposit Timeline

Security Deposit Timeline: Key Deadlines Summary

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The following is a summary of the mandatory security deposit timeline in Michigan: Move-in: Landlord must provide 2 blank inventory checklists. Within 7 days of move-in: Tenant must complete and return 1 checklist to landlord (parties may agree to shorter period). Within 14 days of move-in: Landlord must provide written notice of landlord's name/address, financial institution holding deposit, and tenant's duty to provide forwarding address within 4 days of move-out. Move-out: Landlord must complete termination inventory checklist. Within 4 days of move-out: Tenant must provide written forwarding address to landlord. Within 30 days of move-out: Landlord must mail itemized list of damages with required statutory notice OR return the full deposit. Within 7 days of receiving itemized list: Tenant must respond by ordinary mail disputing or accepting each charge. Within 45 days of move-out: Landlord must file suit for disputed damages or forfeit the right to retain them and faces double-damages liability.
πŸ“ Michigan Comment
All time periods are calendar days unless otherwise specified. The 30-day and 45-day periods run from termination of occupancy, not from the lease end date. Mailing is required for landlord notices; personal delivery or email is insufficient unless specifically authorized.
πŸ’‘ General Comment
This timeline is one of the most procedurally demanding aspects of Michigan landlord-tenant law. Missing any single deadline can result in forfeiture of all security deposit claims by the landlord (missing the 30-day notice) or forfeiture of the right to dispute specific charges by the tenant (missing the 7-day response). Both parties should calendar all deadlines immediately upon move-out.
MCL 600.5714; Eviction Timeline

Eviction Timeline: Start to Finish Summary

↑
The eviction process in Michigan follows this general timeline: Day 1: Incident giving rise to eviction occurs. Days 1-7 or 1-30: Landlord serves proper written notice to quit (24 hours, 7 days, or 30 days depending on grounds). After notice period expires: Landlord files Summons and Complaint with district court if issue is not resolved. Within 10 days of filing: Court sets hearing date (generally 7-14 days from filing). At hearing: Both parties present evidence. After judgment for landlord: 10-day waiting period before Writ of Eviction may be issued (except for immediate-issuance grounds). After 10-day period: Landlord requests Writ of Eviction. Sheriff executes writ and physically removes tenant. Total timeline: as few as 21 days or as many as 57 days from initial notice to physical removal of tenant.
πŸ“ Michigan Comment
The timeline assumes no appeals or adjournments. An appeal by the tenant after judgment requires payment of an appeal bond, filing fees, and transcript fees and stops the writ from issuing during the appeal period. Either party may request a 7-day adjournment at the hearing to retain counsel.
πŸ’‘ General Comment
Michigan's eviction timeline is shorter than most states, reflecting the legislature's intent that landlords have prompt access to their property. However, procedural errorsβ€”a defective notice, improper service, or failure to attach required documentsβ€”can require the landlord to restart the process entirely. Using approved court forms minimizes the risk of procedural defects.
πŸ“„ View Official Source β†— Effective: January 1, 1963
Repair and Maintenance; Tenant Remedies

Tenant Remedies for Landlord's Failure to Repair

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When a landlord fails to maintain the rental unit in compliance with MCL 554.139, a tenant may: (1) Notify the landlord in writing of the needed repair and provide reasonable time to fix the problem. (2) Contact the local building inspector and request an inspection. If the unit fails inspection, the landlord pays the inspection fee; if it passes, the tenant may owe the fee. (3) Withhold rent by depositing it into an escrow account (a bank account in the tenant's name held by a third party) with written notice to the landlord by certified mail explaining the reason for withholding, where the funds are deposited, and that funds will be released upon repair. The amount withheld must reasonably relate to the cost of repair or the damage to the tenant. (4) Alternatively, pay for the repair and deduct the cost from the next rent payment, after obtaining at least 3 written estimates and providing copies to the landlord. (5) Assert the landlord's breach of the habitability covenant as a defense to an eviction action for nonpayment of the withheld rent.
πŸ“ Michigan Comment
All written notices to the landlord regarding repairs should be sent by certified mail, return receipt requested, to establish a documented record. Tenants who withhold rent without depositing into a true escrow account risk losing both the habitability defense and being evicted for nonpayment.
πŸ’‘ General Comment
Repair-and-deduct and rent withholding into escrow are both available remedies in Michigan but carry significant procedural requirements. The amount withheld must be proportional to the problemβ€”only the most severe habitability failures justify withholding the full rent. Tenants should always notify the landlord in writing before taking either action.
πŸ“„ View Official Source β†— Effective: November 15, 1968
MCL 554.601 et seq.; Sublease

Subleasing; Rights and Obligations

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A tenant may sublease the rental unit only if the original lease permits subletting or the landlord gives consent. The original tenant remains fully liable to the landlord for all obligations under the original lease including rent, utilities, and damage throughout the sublease term. The subtenant is bound by the terms of the original lease. If the original tenant collects a security deposit from the subtenant, the original tenant must comply with all security deposit procedures under Act 348 of 1972 as if the original tenant were the landlord. Repair requests from the subtenant technically must be made through the original tenant to the landlord unless the landlord has agreed to deal directly with the subtenant. An assignment differs from a sublease in that an assignment transfers the entire remaining term; a sublease transfers less than the entire term or a portion of the premises.
πŸ“ Michigan Comment
Most standard Michigan residential leases prohibit subletting without the landlord's written consent. If the lease is silent on subletting, the tenant may sublease without obtaining consent, though notice to the landlord is advisable. An assignment with the landlord's consent and written release of the original tenant is the only way for the original tenant to be fully discharged from lease obligations.
πŸ’‘ General Comment
Tenants considering subleasing should put all sublease arrangements in writing, obtain landlord consent when required, provide the subtenant with a copy of the original lease, and conduct a move-in inspection. The original tenant's financial exposure during the sublease period is identical to the original lease obligations.
MCL 554.601 et seq.; Lease Types

Types of Tenancies in Michigan

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Michigan recognizes three types of residential tenancies: (1) Fixed-Term Tenancy: Created when the lease specifies a start and end date. Terminates automatically at the end of the specified period. If the tenant holds over and the landlord accepts rent, the tenancy generally converts to a month-to-month tenancy unless the lease provides otherwise. (2) Periodic Tenancy (Tenancy at Will): Month-to-month or week-to-week tenancy created by actual or implied consent and indefinite in duration. Terminates upon proper written notice equal to one rental period (MCL 554.134). (3) Tenancy at Sufferance (Holdover): Created when a tenant remains after the legal right to possession has ended without the landlord's consent. The tenant is just short of a trespasser and may be evicted by summary proceedings.
πŸ“ Michigan Comment
Michigan does not recognize a 'tenancy at will' as a separate category distinct from a periodic tenancy in most practical contexts. A month-to-month tenancy is the most common form of periodic tenancy. Leases for more than 1 year must be in writing under the Statute of Frauds (MCL 566.106).
πŸ’‘ General Comment
The type of tenancy determines the applicable notice requirements for termination and the rights available to each party upon termination. Understanding the tenancy type is the first step in analyzing any Michigan landlord-tenant dispute.
Civil Rights; Fair Housing

Fair Housing Protections Applicable to Michigan Rental Housing

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Michigan residential rental housing is subject to: (1) The federal Fair Housing Act (42 USC 3601 et seq.) prohibiting discrimination based on race, color, national origin, religion, sex, familial status, and disability. (2) The Michigan Elliott-Larsen Civil Rights Act (MCL 37.2101 et seq.) prohibiting discrimination based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. (3) The Michigan Persons with Disabilities Civil Rights Act (MCL 37.1101 et seq.) prohibiting discrimination against persons with disabilities, including the duty to provide reasonable accommodations and modifications. (4) MCL 554.601c prohibiting source-of-income discrimination by landlords with 5 or more rental units (effective April 2, 2025). Landlords must also allow service animals and emotional support animals as reasonable accommodations regardless of no-pet policies.
πŸ“ Michigan Comment
The Elliott-Larsen Civil Rights Act's protections are broader than federal law in several respects, particularly regarding height, weight, and marital status as protected classes. Local ordinances in Ann Arbor, Detroit, East Lansing, and other municipalities may add additional protected classes such as sexual orientation, gender identity, and student status.
πŸ’‘ General Comment
Michigan landlords face overlapping federal, state, and local fair housing obligations. Application of uniform, documented screening criteria to all applicants is the best protection against fair housing claims. Landlords should maintain written records of all rental decisions and the objective criteria used.
MCL 554.601 et seq.; Lease Requirements

Required Lease Provisions and Disclosures in Michigan

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Michigan residential leases should include or be accompanied by: (1) Landlord's name and address for receipt of communications (required by MCL 554.603). (2) Name and address of the financial institution or surety holding the security deposit (required by MCL 554.603). (3) Notice of tenant's duty to provide forwarding address within 4 days of move-out in 12-point boldface type (required by MCL 554.603). (4) Two blank copies of the inventory checklist at move-in (required by MCL 554.608). (5) The Truth in Renting Act notice in 12-point boldface type stating tenant and landlord rights and obligations (required by MCL 554.634). (6) A statement that the landlord's mailing address is provided for receipt of notices. Additional recommended provisions: the amount of security deposit, rental period, utility responsibility allocation, pet and smoking policies, entry notice procedures, and maintenance responsibilities.
πŸ“ Michigan Comment
Items 1-5 are legally required. Failure to include them exposes the landlord to specific statutory penalties. Items in the 'recommended' category are not legally required but significantly reduce disputes.
πŸ’‘ General Comment
Michigan law requires fewer mandatory lease provisions than many other states, but the provisions that are required carry significant penalties for non-compliance. The combination of the security deposit notice requirements, the inventory checklist obligation, and the Truth in Renting Act disclosure represents the minimum compliance framework for Michigan landlords.

πŸ” Tenant Screening in Michigan

Understanding Michigan's landlord-tenant law is the foundation of good property management. The next step is screening tenants before they sign the lease β€” before these laws ever need to be invoked.

Learn About Tenant Screening in Michigan β†’
πŸ“„ Legal Forms for Michigan Landlords

State-specific forms drafted by attorneys. We may earn a commission at no extra cost to you.

Underground Landlord Underground Landlord β€” Michigan Landlord-Tenant Law Resource
Underground Landlord Eviction Laws By County β€” Michigan
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