Michigan Landlord-Tenant Laws
Security Deposit Maximum and Collection Rules
At commencement of tenancy; receipt within 14 days
- Security deposit CANNOT exceed 1.5 months' rent (MCL 554.602)
- Pet deposits are included in the 1.5-month cap β NOT separate (combined total cannot exceed 1.5x rent)
- No pet deposit allowed for service animals or emotional support animals
- Landlord must deposit funds in a regulated financial institution (bank or credit union) OR post a surety bond with the Michigan Attorney General (MCL 554.604)
- Within 14 days of move-in, landlord must provide tenant with: name and address of the financial institution or surety company holding the deposit (MCL 554.603)
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Security Deposit Return Deadlines and Procedures
- 30 days after lease termination
- 30 days to mail itemized list; if no forwarding address provided, deposit may be held
- 7 days after receiving itemized list to respond in writing
- Within 30 days after termination of occupancy, landlord must either: (1) return the FULL deposit, or (2) mail an itemized list of damages with amounts and the remaining balance (MCL 554.607)
- Itemized list must be mailed to tenant's FORWARDING ADDRESS β tenant must provide forwarding address within 4 days of moving out (MCL 554.608(2))
- The itemized damage notice MUST include this statement: 'You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages' (MCL 554.609)
- Tenant has 7 days after receiving the itemized list to dispute the claimed damages in writing
- If tenant does NOT respond within 7 days, tenant forfeits the right to contest the deductions
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Permitted Security Deposit Deductions
Within 30-day return window
- Landlord may deduct for: (1) unpaid rent, (2) damage beyond normal wear and tear, (3) unpaid utility bills (if lease makes tenant responsible), (4) other charges specified in the lease agreement
- CANNOT deduct for normal wear and tear β faded paint, worn carpet paths, loose hardware from normal use
- Must provide ITEMIZED list of each deduction with the specific amount for each item
- Move-in and move-out checklists are critical β landlord's ability to prove damage depends on documented condition changes
- If landlord did NOT provide move-in checklist, ability to claim damages is significantly weakened
- +2 more requirements
Eviction for Nonpayment of Rent β 7-Day Notice
- 7-day demand for possession (pay or quit)
- Tenant may pay all rent owed within 7 days to stop eviction
- After 7 days, landlord files complaint in district court
- Step 1: Serve written 7-Day Demand for Possession for nonpayment of rent (MCL 600.5714(1)(a))
- Notice must state: amount of rent owed, that tenant has 7 days to pay in full or vacate
- Michigan does NOT require a grace period for late rent β rent is late the day after it is due unless lease provides a grace period
- If tenant pays ALL rent owed within the 7-day period, eviction process stops
- 'Rent due' does NOT include accelerated rent for future months under a lease acceleration clause
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Eviction for Lease Violations, Illegal Activity, and Other Causes
- 30-day notice to cure or quit (MCL 554.134(1))
- 7-day notice to cure or quit (MCL 600.5714(1)(d))
- 7-day notice to quit β NO cure opportunity (MCL 600.5714(1)(d))
- 24-hour notice to quit β NO cure opportunity (MCL 554.134(4))
- 30-day notice (one rental period) (MCL 554.134)
- Immediate β no additional notice required, but filing still needed
- GENERAL LEASE VIOLATION (30 days): tenant must receive written notice stating the breach and what is required to cure it; lease terminates if not cured within 30 days (MCL 554.134(1))
- HEALTH/SAFETY VIOLATION (7 days): if tenant 'willfully or negligently causes a serious and continuing health hazard' or 'extensive and continuing physical injury to the property' β landlord gives 7-day notice to cure or quit (MCL 600.5714(1)(d))
- PHYSICAL VIOLENCE OR THREAT (7 days): if tenant/household member/guest causes or threatens physical injury to another person on premises β 7-day notice, NO cure opportunity (MCL 600.5714(1)(d))
- ILLEGAL DRUG ACTIVITY (24 hours): if tenant/household member manufactured, delivered, or possessed controlled substance on premises AND police report has been filed β 24-hour notice, NO cure (MCL 554.134(4))
- MONTH-TO-MONTH (no cause): either party may terminate with one rental period's notice (usually 30 days) (MCL 554.134(1))
- +3 more requirements
Summary Proceedings (Eviction Court Procedure)
- 7 to 30 days depending on cause (see eviction notice topics)
- After notice period expires, landlord files complaint in district court
- Typically within 10 days of filing
- Issued at or after hearing
- 10 days after judgment
- After 10 days, sheriff executes writ
- Step 1: SERVE PROPER NOTICE β correct form and timing required based on grounds (7-day, 24-hour, or 30-day)
- Step 2: FILE COMPLAINT β after notice period expires, landlord files Summons and Complaint for Summary Proceedings in district court where property is located
- Step 3: SERVICE OF SUMMONS β must be served on tenant by authorized process server
- Step 4: HEARING β scheduled typically within 10 days; both parties present evidence and arguments
- Step 5: JUDGMENT β court issues judgment; if for landlord, Judgment of Possession entered
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Implied Warranty of Habitability β Landlord's Duty to Maintain
Throughout the tenancy β implied in every residential lease
- Every residential lease in Michigan includes an IMPLIED covenant that: (a) premises are fit for intended use, (b) landlord will keep premises in reasonable repair, (c) landlord will comply with applicable health and safety laws including local housing and building codes (MCL 554.139)
- This covenant CANNOT be waived β any lease provision attempting to waive it is void
- Landlord must maintain: structural integrity, working plumbing and sewage, adequate heating, electrical systems, weather protection (roof, windows, doors), common areas
- Landlord must comply with local housing codes β many Michigan municipalities have their own housing codes and inspection programs
- Landlord's duty to repair does NOT include damage caused by the tenant
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Tenant Repair Remedies β Repair and Deduct, Rent Withholding
- Tenant must provide written notice (certified mail recommended) of the problem and intent to withhold or repair/deduct
- Landlord must be given a 'reasonable time' to make repairs before tenant acts
- Emergencies (no heat in winter, flooding) β shorter reasonable time (48 hours or less)
- REPAIR AND DEDUCT: If landlord fails to make necessary repairs after written notice and reasonable time, tenant may hire a professional, pay for repairs, and deduct the cost from next month's rent
- REPAIR AND DEDUCT CAP: Deduction is limited to the LESSER of one month's rent or $300 β this is a LOW cap compared to other states
- RENT WITHHOLDING: Tenant may withhold rent for habitability violations, but should deposit withheld rent in an escrow account
- WARNING: Simply withholding full rent without proper procedure is RISKY β landlord may serve a 7-Day Notice for nonpayment and the eviction process is fast in Michigan
- PROPER PROCEDURE: (1) Notify landlord in writing (certified mail) describing the problem, (2) state intent to withhold rent or repair and deduct, (3) wait a reasonable time for landlord to act, (4) then proceed with the remedy
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Landlord Entry β No Statutory Notice Requirement
No statutory notice period β best practice is 24 hours
- Michigan has NO state statute specifying a required notice period for landlord entry
- BEST PRACTICE: 24 hours' notice is widely recommended and often included in lease agreements
- Entry should be at reasonable times and for legitimate purposes: repairs, inspections, showings, emergencies
- Landlord may enter without notice in genuine emergencies (fire, flood, gas leak)
- Excessive or harassing entry may violate the implied covenant of quiet enjoyment
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Retaliatory Eviction Protection
No specific statutory presumption period (unlike some states with 6-month or 1-year windows)
- Landlord CANNOT evict a tenant in retaliation for: reporting health/safety code violations, exercising legal rights, joining or organizing a tenant union, filing a complaint with a government agency
- Retaliation is a DEFENSE to eviction β tenant can raise it in court to defeat an eviction action
- Michigan does NOT have a specific statutory presumption period (unlike Massachusetts's 6-month presumption)
- Tenant bears the burden of proving the eviction was retaliatory (proving landlord's motive)
- Timing is key evidence β eviction shortly after protected activity supports a retaliation claim
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Lease Requirements β Truth in Renting Act and Required Disclosures
At lease execution
- TRUTH IN RENTING NOTICE: Every rental agreement must include this notice in at least 12-point legible type: 'NOTICE: Michigan law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act...' (MCL 554.634(2))
- LANDLORD/AGENT IDENTIFICATION: Lease must include the name and address of the owner (or owner's agent) where notices can be received (MCL 554.634)
- DOMESTIC VIOLENCE DISCLOSURE: Lease must include or landlord must separately post/deliver notice about tenant's right to terminate for domestic violence, sexual assault, or stalking (MCL 554.601b)
- SECURITY DEPOSIT RECEIPT: Within 14 days of move-in, landlord must provide institution name and address where deposit is held (MCL 554.603)
- PROHIBITED LEASE PROVISIONS (MCL 554.633): Clauses that (a) waive Landlord-Tenant Act rights, (b) violate ELCRA anti-discrimination law, (c) include confession of judgment, (d) waive landlord liability imposed by law, (e) waive tenant's right to jury trial, notice, or procedural rights
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Lease Termination β Notice Periods
- One rental period (typically 30 days) written notice from either party (MCL 554.134(1))
- Notice to quit; tenancy terminates when lease next expires (MCL 554.134(3))
- Ends automatically at term expiration β no notice required unless lease specifies
- 60-day written notice if tenant has been in unit 13+ months and becomes eligible for subsidized senior housing (MCL 554.601a)
- MONTH-TO-MONTH: Either party may terminate with one rental period's notice (usually 30 days) β notice must be in writing
- YEAR-TO-YEAR: Either party may give notice to quit; tenancy terminates at next lease expiration date (MCL 554.134(3))
- FIXED-TERM LEASE: Ends automatically; holdover tenant may be evicted via summary proceedings
- EARLY TERMINATION FEE: If included in lease, cannot exceed 1.5 months' rent (MCL 554.602)
- SENIOR CITIZEN/SUBSIDIZED HOUSING: Tenant who has occupied unit 13+ months may terminate with 60-day notice if they become eligible for subsidized senior housing or become incapable of independent living (MCL 554.601a)
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Rent Payments, Increases, and Late Fees
30-day notice for month-to-month rent increases
- RENT CONTROL: Michigan PROHIBITS rent control statewide β no cap on rent increases
- FIXED-TERM LEASE: Rent cannot be increased during the lease term unless the lease specifically allows it
- MONTH-TO-MONTH: Landlord may raise rent with one rental period's notice (typically 30 days)
- No statutory GRACE PERIOD for late rent β rent is late the day after it is due unless the lease provides a grace period
- Grace periods, if written in the lease, must be honored
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Fair Housing β Federal, State, and New Source of Income Protections
At all times β advertising through termination
- FEDERAL FAIR HOUSING ACT protects: race, color, national origin, religion, sex, familial status, disability
- MICHIGAN ELLIOTT-LARSEN CIVIL RIGHTS ACT (ELCRA) adds: age, marital status, height, weight, sexual orientation, gender identity or expression (MCL 37.2102, 37.2502)
- NEW (April 2, 2025): SOURCE OF INCOME DISCRIMINATION PROHIBITED (MCL 554.601c, Act 178 of 2024)
- Source of income includes: Section 8 vouchers, emergency rental assistance, government benefits (disability, Social Security, etc.)
- Landlord CANNOT: deny tenancy, discriminate in terms/conditions, make unit unavailable, discourage rental, or advertise preferences based on source of income
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Domestic Violence Victim Protections β Lease Release
Immediate upon submission of written notice and documentation
- Tenant with reasonable apprehension of present danger from domestic violence, sexual assault, or stalking may be released from rental payment obligation (MCL 554.601b(1))
- Tenant must submit: (1) written notice of intent to seek release, (2) written documentation of reasonable apprehension of present danger
- Notice must be delivered by CERTIFIED MAIL
- Acceptable documentation includes: (a) valid personal protection order, (b) valid probation/parole/conditional release order, (c) written police report with charges filed within 14 days, (d) police report with charges filed 14+ days ago PLUS demonstration of verifiable present danger
- REQUIRED LEASE DISCLOSURE: Rental agreements MUST include a provision notifying tenants of this right, OR landlord must post notice visibly in office or deliver it when lease is signed
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Covenant of Quiet Enjoyment and Anti-Lockout Protections
Throughout the tenancy
- Landlord CANNOT engage in self-help eviction β this includes: changing locks, shutting off utilities, removing tenant's belongings, blocking access to the unit
- Anti-lockout law: MCL 600.2918 specifically prohibits these actions and provides strong tenant remedies
- Covenant of quiet enjoyment is implied in every residential lease β landlord must not substantially interfere with tenant's use and enjoyment
- Constructive eviction: if landlord's actions (or failures) make the unit uninhabitable, tenant may terminate lease and sue for damages
- Excessive or unauthorized entry may violate quiet enjoyment
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Tenant Abandoned Property After Eviction
After writ of restitution is executed
- After a lawful eviction and writ of restitution, tenant's remaining personal property must be stored at a licensed public warehouse
- Sheriff/officer must provide written notice to tenant including: statement that property will be stored, warehouse name/address/phone number, warehouse storage rates, statement that property not claimed within 6 months may be sold at auction
- Tenant should notify warehouse of any address changes
- Warehouse may sell unclaimed property at auction after 6 months and retain proceeds for storage costs
- Landlord should NOT dispose of tenant's property without following proper procedures
- +2 more requirements
Notable Local Ordinances β Ann Arbor, Detroit, and Others
Varies by municipality
- ANN ARBOR: Security deposit limited to 1 month's rent (stricter than state's 1.5x), rental registration required, additional tenant protections
- EAST LANSING: Security deposit limited to 1 month's rent, rental inspection program, student tenant protections
- DETROIT: Rental registration and inspection ordinance, additional housing code enforcement
- GRAND RAPIDS: Rental registration and inspection program
- KALAMAZOO: Rental inspection and registration requirements
- +5 more requirements
Michigan Legal Forms
State-specific landlord forms powered by LawDepot. Affiliate links β we may earn a commission at no extra cost to you.
βοΈ Eviction Notice$29 Official eviction notice with proper legal language and state-specific requirements. Get Form β |
π Lease Agreement$29 Complete state-specific residential lease agreement with all required disclosures. Get Form β |
π Rent Increase Letter$19 Compliant notice of rent adjustment with correct timing requirements. Get Form β |
πͺ Notice to Vacate$19 Lease termination letter following proper state procedures and notice periods. Get Form β |
β Move-in Checklist$9 Property condition documentation form to protect against deposit disputes. Get Form β |
π Browse All Forms500+ Explore LawDepot's complete catalog of landlord forms, agreements, and documents. Browse Forms β |
