Michigan Residential Lease Agreement

Required Landlord Disclosures (5)

Michigan landlords must include certain disclosures in or alongside the lease so tenants understand key rights, safety issues, security deposit rules, and more. Landlords should provide the following notices in writing and keep copies with the signed lease document:

1. Lead-based paint disclosure: Federal law requires landlords of most homes built before 1978 to disclose known information about lead-based paint and lead-based paint hazards before leasing the property. Landlords must also give tenants an EPA-approved lead hazard pamphlet (42 U.S.C. § 4852d).
2. Landlord name/address: Michigan residential leases must include the name and address where tenants may send notices to the landlord or the landlord’s authorized agent (Mich. Comp. Laws § 554.634).
3. Truth in Renting Act: Michigan rental agreements must include the required Truth in Renting Act notice. The notice explains that Michigan law creates rights and obligations for both parties and that the agreement must comply with the Truth in Renting Act (Mich. Comp. Laws § 554.634).
4. Domestic violence disclosure: Michigan law gives tenants special rights to seek release from rental obligations when they reasonably fear present danger from domestic violence, sexual assault, or stalking (Mich. Comp. Laws § 554.601b). Include the following language in your lease agreement: “A tenant who has a reasonable apprehension of present danger to him or her or his or her child from domestic violence, sexual assault, or stalking may have special statutory rights to seek a release of rental obligation under MCL 554.601b.”
5. Move-in checklist/security deposit notice: Landlords who collect security deposits must use move-in and move-out inventory checklists. At move-in, landlords must give tenants 2 blank copies of the checklist, and the checklist must state that the tenant has 7 days after taking possession to return 1 completed copy. Tenants may also request and receive a copy of the last termination inventory checklist detailing claims chargeable to the prior tenant (Mich. Comp. Laws § 554.608).

Security Deposit Regulations

Maximum security deposit amount: Michigan law sets the maximum security deposit at 1.5 times the monthly rent (Mich. Comp. Laws § 554.602).

Receipt of deposit: Michigan landlords cannot require a security deposit unless they notify tenants in writing no later than 14 days after the tenant takes possession. The notice must include the landlord’s name and address, the name and address of the financial institution holding the deposit or surety information, and a statement requiring the tenant to provide a forwarding address within 4 days after move-out (Mich. Comp. Laws § 554.603).

Interest: Landlords are not required to deposit security deposits in an interest-bearing account. However, they must deposit them in a regulated financial institution or provide a proper cash or surety bond (Mich. Comp. Laws § 554.604).

Deduction tracking: Michigan landlords must mail tenants an itemized list of damages within 30 days after the tenant terminates occupancy. The list must include each item of claimed damage, the estimated repair cost, and a statutory notice requiring the tenant to respond by mail within 7 days if they dispute the charges (Mich. Comp. Laws § 554.609).

Returning a tenant’s security deposit: Michigan landlords must return the tenant’s security deposit or mail an itemized list of damages within 30 days after the tenant terminates occupancy. Landlords should send any remaining deposit balance with the itemized list if they withhold only part of the deposit (Mich. Comp. Laws § 554.609).

Landlord’s Access to Property

Advance notice: Michigan law does not specify how much notice a landlord must give before entering a rental property. However, landlords should give reasonable notice, usually at least 24 hours, unless an emergency requires immediate entry.

Immediate access: Michigan law does not require landlords to give advance notice before entering the property in an emergency. For non-emergency access, landlords should follow the lease terms and avoid unreasonable entry.

Landlord harassment: Tenants have the right to use and enjoy the rental property without unlawful interference. Michigan law specifically prohibits landlords from interfering with a tenant’s possession. Interference includes using force, changing locks, removing doors or windows, or shutting off essential services. If a landlord is guilty of such actions, tenants can recover damages for each occurrence (Mich. Comp. Laws § 600.2918).

Rent Payment Laws

Grace period: Michigan law does not set a mandatory grace period for late rent. Rent is due on the date specified in the lease, and landlords may initiate the nonpayment process if tenants fail to pay by the due date. However, landlords may choose to add a grace period to the lease to give their tenants payment flexibility (Mich. Comp. Laws § 600.5714).

Late rent fees: No Michigan statute exists that limits or caps late fees. Landlords may charge reasonable late fees, as long as the lease agreement clearly lists them. While no statute governs the amount, landlords should avoid excessive fees or fees not listed within the lease agreement. A court could refuse to enforce them.

Tenant’s right to withhold rent: Michigan tenants may have the right to withhold rent or make repairs under the state’s covenant of fitness. Tenants should keep detailed repair records and give the landlord a reasonable opportunity to fix the issue first (Mich. Comp. Laws § 554.139).

Breach of Rental Agreement

Missed rent payment: The first step a Michigan landlord can take after a tenant fails to pay rent is to send a written demand for possession, which gives the tenant 7 days to pay the rent or move out before the landlord starts the eviction process (Mich. Comp. Laws § 600.5714).

Lease violation: If a tenant violates the lease, a Michigan landlord may terminate the lease under its terms and serve the appropriate written notice or demand for possession. Notice periods are defined by the type of violation and the tenancy. For example: 7 days for nonpayment of rent, 24 hours for certain drug-related activity, and one rental period (typically 1 month) to end a periodic tenancy (Mich. Comp. Laws § 554.134). The lease should spell out how the landlord will handle other lease violations.

Self-help evictions: Self-help evictions are illegal in Michigan. Landlords must use the court system to evict a tenant, and tenants can recover damages if landlords unlawfully interfere with their possession of the rental property (Mich. Comp. Laws § 600.2918).

Lease abandonment: If a Michigan tenant moves out before the lease ends, they may still owe rent unless they have a valid legal reason to end the lease early. Michigan law protects tenants who require early termination due to domestic violence, sexual assault, or stalking (Mich. Comp. Laws § 554.601b).

Prohibited lease provisions: Michigan residential leases cannot include provisions that waive statutory remedies, confess judgment, excuse a landlord from liability for failure to perform a legal duty, waive the tenant’s right to a jury trial, require the tenant to pay the landlord’s legal costs without a court order, or otherwise violate the Truth in Renting Act (Mich. Comp. Laws § 554.633).

Ending a Lease

Month-to-month: In Michigan, either the landlord or tenant must provide written notice at least 1 full month before the desired termination date to end a month-to-month lease (Mich. Comp. Laws § 554.134).

Fixed-term: Michigan tenants may legally break a standard fixed-term lease before its end date under limited circumstances, like when the landlord materially breaches the lease agreement or when the tenant encounters domestic violence, sexual assault, or stalking (Mich. Comp. Laws § 554.139, § 554.601b).

Property abandonment: Michigan does not set a specific statewide process for handling most tenant property left behind after a lease ends. Landlords should include a clause explaining how they will handle abandoned property and should avoid unlawfully interfering with the tenant’s possessions (Mich. Comp. Laws § 600.2918).

Renewing a Lease

Required renewals: Michigan does not require landlords to renew leases, though some Michigan cities have enacted local renewal rules. Ann Arbor, for example, has a right-to-renew ordinance that requires landlords to offer renewals unless they have just cause not to.

Required notice: Michigan landlords must give tenants the required notice before ending certain tenancies. The specific notice period depends on the type of lease:

• Month-to-month leases: Landlords must give tenants at least 1 month’s notice before ending a month-to-month lease (Mich. Comp. Laws § 554.134).
• Fixed-term leases: Michigan law does not require landlords to give notice before ending a fixed-term lease, unless the lease or a local ordinance requires it. Fixed-term leases generally end on the date listed in the lease.