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State rental laws and regulations

Rental laws vary from state to state, so learn and follow your state laws. We have a comprehensive guide on landlord and renter state laws and regulations in all 50 states.

State Laws & Regulations

State Laws & Regulations

Rental laws vary from state to state. Select your state to learn more.

Michigan

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Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the rental laws in Michigan handle everything from security deposits to termination notices so you can navigate these with ease.

This article is not intended to be exhaustive or a substitute for qualified legal advice. Michigan rental laws and statutes are always subject to change and may vary by county or city. You are responsible for performing your own research and complying with all Michigan laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer in Michigan. The Michigan state bar association may have a referral service that can help you find a lawyer with experience in Michigan landlord-tenant law.

Official Michigan Rental Rules, Regulations, and Guides

Michigan Rental Law Details

Security Deposit:

  • Security Deposit Maximum: Not to exceed one and one half times the monthly one and one half times the monthly rent (§§ 554.602)
  • Security Deposit Interest: Not required
  • Separate Security Deposit Bank Account: The security deposit must be deposited in a “regulated financial institution.” The landlord is allowed to use the security deposit “for any purposes he desires” if the landlord first deposits a cash bond or surety bond deposited with the Secretary of State’s office. (§§ 554.604)
  • Pet Deposits: No statute
  • Non-Refundable Fees: No statute
  • Deadline for Returning Security Deposit: 30 days (§§ 554.610)
    • Permitted Uses of the Deposit: A security deposit may only be used for: reimbursing landlord for damages beyond normal wear and tear; all late rent, all unpaid utility bills, and rent due as a result of premature termination of the rental agreement by the tenant and for utility bills not paid by the tenant. (§§ 554.607)
  • Require Written Description/Itemized List of Damages and Charges: Yes. The landlord must mail an itemized list of claimed damages within 30 days of the tenants’ move out. The list must include the estimated cost of repair of each damaged item. The landlord must also send a check or money order for the difference between the claimed damages and the original security deposit. See the statute for details of the notice landlord is required to include. (§§ 554.609)
  • Record Keeping of Deposit Withholdings: Such record keeping is required as part of statutory move-in/move-out process. The landlord is prohibited from withholding any damages from a tenant’s deposit that were claimed on a previous tenant’s move-out checklist. The landlord must also notify each tenant that he or she is entitled to a copy of the previous tenant’s move-out checklist that includes claimed damages. (§§ 554.608(4) and §§ 554.609)
  • Receipt of Deposit: A receipt of the deposit is not required, but within 14 days of move-in the landlord must provide the tenant in writing the name and address of the financial institution where the security deposit is held, as well as the name and mailing address of the landlord. (§§ 554.603)
  • Tenant Response to Notice of Damages: A tenant may contest claimed damages. If the landlord claims damages and gives notice as required, the tenant must respond by mail to the landlord within seven days to either agree or disagree in detail. Failure to do so forfeits the portion of the deposit withheld. (§§ 554.612)
  • Money Judgment for Claimed Damages: Required in some circumstances. If tenant contests the claimed damages as required in §§ 554.612, the landlord must, within 45 days of move-out, either sue for a money judgment in court, file with the court proof of an inability to obtain service on the tenant, or return the withheld portion of the deposit. Seeking a money judgment is not required if the tenant has failed to provide a forwarding address or failed to respond to the notice of damages, if the landlord and tenant have agreed in writing with respect to the withheld portion of the deposit, or if the amount claimed is based entirely on unpaid rent up to the actual rent for any full rental period. (§§ 554.613)
  • Failure to Comply: If the landlord fails to notify tenant of claimed damages within 30 days of move-out, landlord is considered to have agreed that there are no damages and the full deposit must be immediately returned. (§§ 554.610) If the landlord fails to seek a money judgment in court for contested deposit withholdings, as required, the landlord is considered to have waived all claimed damages and then becomes liable to the tenant for double the amount of the security deposit. (§§ 554.613)

Michigan Lease, Rent & Fees:

  • Rent Is Due: As stated in the lease
  • Rent Increase Notice: No statute
  • Rent Grace Period: No statute
  • Late Fees: No statute
  • Prepaid Rent: No statute
  • Returned Check Fees: $25.00 if paid within seven days and $35 if paid within 30 days (§§ 600.2952(3)(a) and (b))
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): If an enforcement agency determines that conditions hazardous to health or safety exist within the premises, the tenant has not caused the conditions, and a reasonable amount of time has passed following notification to the landlord to make the necessary repairs, tenant may pay rent into an escrow account established by the agency, rather than to the landlord. The agency may pay escrow account funds to the landlord to defray the cost of correcting the violations, but the landlord must return unspent escrow funds in the event that the tenant moves out prior to the repairs being made. (§§ 125.530)
  • Tenant Allowed to Repair and Deduct Rent: No statute, but tenant’s right to repair and deduct rent in Michigan was established in Rome v. Walker, 198 N.W.2d 458 (1972).
  • Landlord Allowed to Recover Court and Attorney Fees: The landlord can recover limited amounts. Leases cannot include any provision for recovering legal costs or attorney’s fees beyond what is permitted by statute. (§§ 600.5759 and §§ 554.633(g))
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: No statute, but case law mandates that the landlord make an effort. (see Fox v. Roethlisberger, 85 N.W.2d 73 (Mich. 1957), Froling v. Bishoff, 252 N.W.2d 832 (Mich. Ct. App); Jefferson Development Company v Heritage Cleaners, 311 N.W.2d 426 (Mich. App. 1981))
  • Abandonment/Early Termination Fee: No statute

Michigan Notices and Entry:

  • Notice to Terminate Tenancy – Year-to-Year Lease with No End Date: One year (§§ 554.134(3))
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30 days (§§ 554.134(1))
  • Notice to Terminate Tenancy – Week-to-Week Lease: Seven days (§§ 554.134(1))
  • Notice of Termination for Nonpayment: Seven-day written notice (§§ 554.134(2))
  • Termination for Property Damage, Health Hazard, Physical Violence or Threat of Violence by Tenant: Seven-day written notice (§§ 600.5714)
  • Termination of Tenancy with 24 Hours' Notice: 24-hours written notice to quit may be given if a tenant does not move out after a lease is terminated due to a termination-triggering lease violation for illegal drug-related activity on the leased premises. Landlord must first file a formal police report alleging the drug-related activity. (§§ 554.134(4))
  • Move-in/Move-Out Checklists: Required. Upon move-in, landlord must provide tenant with two copies of an inventory checklist that includes all items in the unit owned by the landlord. Within one week of move-in, tenant must review the checklist, note the condition of the property and return one copy to the landlord. Tenant is also entitled to a copy of the completed move-out checklist from the most recent tenant. Also, see the statute for required text and other details of the notice landlord must include on the checklist. (§§ 554.608)
  • Notice of Forwarding Address: If, within four days of move-out, tenant fails to notify landlord in writing of a new mailing address for the tenant, landlord is relieved from having to notify tenant of damages. (§§ 554.611) However, for the above provision to take effect, the landlord must have notified the tenant of the provision in writing within 14 days of move-in, otherwise, the tenant is not obligated to notify landlord of a forwarding mailing address. (§§ 554.603)
  • Notice of Date/Time of Move-Out Inspection: Notice not required, but landlord must complete the move-out checklist at the end of the tenancy and list all damages claimed to have been caused by the tenant. (§§ 554.608)
  • Required Notice before Entry: No statute
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Allowed only as necessary on a temporary basis to make needed repairs or for inspection as provided by law. Statute does not specify requirement for notice. (§§ 600.2918(3)(b))
  • Entry Allowed with Notice for Showings: No statute
  • Emergency Entry Allowed without Notice: No statute
  • Entry Allowed During Tenant’s Extended Absence: A landlord who believes in good faith that a tenant has abandoned the premises and does not intend to return may enter only after diligent inquiry and only if rent has not been paid. (§§ 600.2918(3)(c))
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No (§§ 600.2918(2)(c & d))
  • Utility Shut-offs Allowed: No (§§ 600.2918(2)(f))

Michigan Disclosures and Miscellaneous Notes:

  • Name and Addresses: Rental agreement must state the landlord’s name and address. (§§ 554.634(1))
  • Copy of the Lease: No statute
  • Domestic Violence Situations:
    • Proof of Status: A tenant who reasonably fears for his or her safety or that of the tenant’s child due to domestic violence, sexual assault or stalking may be released from rent payment obligations after providing the landlord with a written statement. The statement must be accompanied by any of the following documents: a protective order removing an abusive person from a home, a probation or other release order in effect at the time of the statement that restricts the individual from contact with the tenant or child of the tenant, or a written police report that has resulted in filing charges. (§§ 554.601b)
    • Protection from Termination: No statute
    • Early Termination Rights: Tenant is released from any obligation to pay rent no later than the first day of the second month that rent is due after giving notice, and only after the tenant has vacated the premises. See the statute for the recommended text of the written statement the tenant must provide to the landlord. (§§ 554.601b)
    • Locks: No statute
    • Notification of Rights: The landlord must notify their tenant that the tenant may have statutory rights to seek a release from rental obligations if they have reasonable fear of domestic violence, sexual assault, or stalking. If that notification is not included in the lease agreement itself, it must be posted visibly in the rental management office or delivered in writing when the lease is signed. See the statute for the exact text required in the notification. (§§ 554.601b)
  • Landlord Duties:
    • Covenant of Habitability: In every lease, the landlord promises that the rental and all common areas are fit for the intended use.
    • Repairs & Code Compliance: Landlord promises to keep the premises in reasonable repair and to comply with applicable health and safety laws, except when the disrepair or code violation has been caused by the tenant’s willful or irresponsible conduct or lack of conduct. (§§ 554.139)
  • Retaliation: Tenant may block an attempted eviction by establishing that the eviction was intended primarily as a penalty for the tenant’s attempt to assert rights under the lease or under the law, for complaining to a governmental authority of a health or safety code violation, or as retribution for membership in a tenant organization. Other actions also may allow a tenant to block an eviction. See the statute for more information. (§§ 600.5720)
  • Radon Testing: No statute
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.
  • Truth in Renting Act Disclosure: A rental agreement must prominently include notification of the Michigan Truth in Renting Act. See the statute for specific text. (§§ 554.1634)

Court Related:

Michigan Business Licenses:

  • Landlords who manage their own property are not required to have a business license, however, third-party property managers must be licensed by the state. (Michigan State License Search: Landlord)

Helpful Links

Michigan Realtor and Landlord/Tenant Associations

State Rental Laws Neighboring Michigan