Michigan landlord tenant laws just like in most states, the relationship between landlords and tenants is governed by michigan laws. Michigan landlord tenant law does not require licensing to rent residential properties. Tenants and landlords a practical guide msu college of law housing law clinic. Discrimination in rental housing michigan legal help. The parties to a commercial lease are accorded broad latitude in defining their rights and obligations. If there are deductions to the security deposit, the landlord must provide the tenant with a notice of damages containing an itemized list of the deductions and the actual or estimated costs of the same. The residential landlordtenant law benchbook is a comprehensive publication intended to provide judges with a readily accessible source of both substantive and procedural law relevant to landlordtenant proceedings. The content of this benchbook derived from the former mplp publication, michigan residential landlordtenant law third edition. This turns out to be a surprisingly challenging question.
Michigan residential landlord tenant law third edition. Html version best for viewing online pdf version best for printing. Most residential leases and rental agreements in michigan require a security deposit. In addition to the materials in this book, the chapter on landlordtenant law in 2 john g. Students deal with all aspects of the landlord tenant relationship, including educating residents on their basic rights, working with tenants who are on the brink of eviction, assisting renters who are living in unsafe conditions. In this guide, well provide an overview of michigan landlord tenant law.
Michigan landlords may not charge more than one and a half months rent. If your utilities are unexpectedly shutoff, the first thing you should d o is contact the utility company to determine whether the company or the landlord is responsible for the shutoff. The residential landlordtenant law benchbook is a comprehensive publication intended to provide judges with a readily accessible source of both substantive and procedural law relevant to landlord tenant proceedings. Help a tenant get money from the landlord whether for a security. The michigan rental laws landlord and tenant rights. If the landlord makes it mandatory for the tenant to pay the last months rent in advance, the payment is to be considered part of the security deposit. Michigan state law allows landlords to charge up to one and a half months rent for a security deposit. The essential tool for representing landlords and tenants. Before a michigan court will grant a landlord s request for order of eviction, the landlord must serve the tenant a proper eviction notice. In a legal sense, however, that money is still considered as belonging to the tenant under michigan law and needs to be returned to them when they move out, unless certain conditions are met. Michigan legislatures practical guide for tenants and landlords michigan judicial institutes residential landlord tenant law benchbook landlord and tenant relationships act. Forms are available on the landlord tenant forms page. Michigan has a number of landlord tenant statutes on its books, but none specifically define a tenant s right to privacy or landlord trespass. The relationship between landlords and tenants, just like in most states, is governed by michigan rental laws.
Serving a tenant before coming to court, you must serve the tenant with a demand for possession or notice to quit. The advantage to the landlord is that the tenant is committed to pay rent for a specified period of time. Landlordtenant affairs landlordtenant affairs handbook. The information is updated frequently based upon the needs of our users. Although every effort is made to maintain accurate information on this site, the michigan supreme court does not guarantee the accuracy of. However, in detroit landlords must register their property with the city and obtain certification from the city that the property is fit to rent. Earlier this year, the michigan legislature updated landlord tenant law to bring it, partially, into the internet age. You will find here principles that apply to all states and state specific information applicable only to your state. Michigan residential landlord tenant rental lease forms.
Both landlords and tenants should be able to deal with many legal questions and problems without a lawyer, once they understand the basics of state law. Hud handles complaints about housing discrimination, bad landlords in federal housing and many other issues. Under michigan s landlord tenant laws, the amount of a security deposit is limited to a dollar amount equivalent to one and onehalf months rent. This landlord tenant package contains select forms for the michigan landlord tenant relationship including the 1 application, 2 lease, 3 lead paint disclosure, 4 other disclosures, if applicable, 5 termination notice for nonpayment of rent, 6. Michigan landlord tenant laws is the topic real estate attorney david soble talks about in this video. Required disclosures by landlords movein checklist. If the tenant fails to vacate the rental property by the end of the 30th day indicated in the notice, the landlord may proceed with the eviction process by filing a summons and eviction. The landlord tenant handbook is an excellent guide to the basic rights and responsibilities of landlords and tenants. Evictions and landlord tenant law in michigan shoffner, lawrence r on. The advantage to the tenant is that the rental period is fixed and the rental amount is stable. Under michigan law, landlords must disclose specific information to tenants usually in the lease or rental agreement, such as a movein checklist and the identity of anyone authorized to act on the landlord s behalf. Landlord tenant matters in the michigan courts are called summary proceedings. With that said, landlord tenant laws are always changing, and may even vary from county to county. Because tenants are protected by statute, there is a difference between michigan landlordtenant law cases and standard michigan.
Rights and duties of tenants this booklet contains information about your rights and duties as a tenant in ann arbor. Landlord tenant client library michigan legal help. Beginning august 19, 2015 landlords may begin to serve their tenants with seven day. It explains the laws regarding the landlord tenant relationship and highlights recent changes to the law that directly affect the landlord tenant relationship. South central michigan lsscm and the michigan poverty law program mplp, and with the assistance of a diverse editorial advisory committee, created the residential landlordtenant law benchbook. This overview of key landlordtenant laws in michigan will get you started.
The michigan supreme court is providing the information on this site as a public service. A tenant s right to possession and use is called a tenancy or leasehold. Landlords must return a security deposits within 30 days after lease termination. The contract between the tenant and landlord, transferring possession and use of the rental property. The michigan legal help website and affiliated local selfhelp centers are part of the michigan legal help program. The party taking possession and use of the rental property from the landlord under a lease. A practical guide for tenants landlords michigan legislature. Michigan landlord tenant law act 348 of 1972 landlord and tenant relationships act 348 of 1972 an act to regulate relationships between landlords and tenants relative to rental agreements for rental units. Landlordtenant matters the district court also handles matters involving landlordtenant disputes, usually those involving eviction procedures such as nonpayment of rent or termination of tenancy. The michigan attorney general published a guide for tenants and landlords that contains more information about landlord and tenant rights. In others, the landlord pu rchases the utility service and passes the cost along to the tenant by in clusion in the rent. Rpoa michigans largest reia and landlord association. Specifically, its tightly regulated by public act 348 of 1972, which outlines both sides responsibilities. The benchbook primarily addresses residential landlord.
Michigan law also regulates the return of the tenant s security deposit. Can a landlord enter a property that is currently leased. Protect the tenants rights in the event of the landlords breach. Icle michigan lease drafting and landlordtenant law. Changes to service options for demand for possession aaoa. The landlord has 30 days after the tenant moves out to return the security deposit.
Tenant rights and responsibilities michigan legal help. Protect the tenant s rights in the event of the landlords breach. Michigan residential landlordtenant law landlord tenant. Generally these start with a notice form sent to the tenant by the landlord requesting an action by the tenant to pay past due rent for instance. The housing clinic advances the cause of safe, decent, sanitary, fair, open, and affordable housing in mid michigan. Instructions for serving the defendant are included with the form. After serving notice, a landlord must wait either seven or 30 days, depending on the reason for an eviction, before he can file an eviction lawsuit against the tenant. Michigan landlord tenant laws michigan rental laws. If you find you are in need of legal counsel or advice, you should consider hiring a landlord tenant lawyer to represent your interests. Notifies tenant that tenant is responsible for his own insurance, and that landlord will pay damages for nothing that is not the legal fault of the landlord or his agents. Complaint for possession after land contract forfeiture. A lease can be written or oral, but a written lease provides the best protection for both the landlord and the tenant. Residential landlord tenant law benchbook michigan.
David soble and the soble law team are dedicated to. Michigan landlord tenant laws are primarily provided in michigan legislature act 348 of 1972, act 454 of 1978 and act 236 of 1961. The official state statutes and other reputable municipal sources were used to research this information. Landlord must provide tenant with movein checklist. Changes to service options for demand for possession. Filing an action with the court to file an action with the court, you will need the following documents. Under michigan law, landlords must disclose specific information to tenants usually in the lease or rental agreement. A summary of michigan landlord tenant laws based on state law statutes as they apply to residential lease agreements executed between landlords and tenants. The person is just short of being considered a trespasser. What is the deadline for returning a security deposit after the tenant moves out. The statutes provide terms, rights and responsibilities of the parties to a landlord tenant agreement, statutes regarding violations and penalties under michigan landlord tenant law.
Michigan landlordtenant law and legal issues overview. Quickly understand the law and practical aspects of leases and landlordtenant law in michigan. Tenant cannot now claim to have thought that tenant s property was somehow protected by a policy of insurance held by the landlord. Ensure that every contingency is addressed with simple checklists. If a michigan landlord is seeking to evict a tenant for violating terms of the lease, heshe must first provide the tenant with a written 30day notice to quit. Michigan residential landlordtenant law third edition. The michigan legislature website is a free service of the legislative internet technology team in cooperation with the michigan legislative council, the michigan house of representatives, and the michigan senate.
Application and order of eviction, landlord tenant land contract. The landlord cannot serve these papers on the renter. The laws lay out the obligations of tenants and landlords and make provisions for how both parties should act when they enter into a lease agreement. The program works with judges, courts, lawyers, bar associations, nonprofit legal aid agencies, legal selfhelp centers, libraries and many others to promote coordinated and quality assistance for persons representing themselves in civil legal matters in michigan.
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