Michigan Tenant Rights: A Comprehensive Guide

Renting a property can be an exciting experience, but it can also be intimidating and confusing. As a tenant in Michigan, it’s crucial to understand your rights and responsibilities to ensure a comfortable and secure living environment. In this article, we’ll cover everything you need to know about Michigan tenant rights, including laws, regulations, and resources.

Housing Discrimination

According to the Fair Housing Act, it is illegal to discriminate against tenants based on race, color, national origin, religion, sex, familial status, or disability. If you think you’ve experienced housing discrimination, you can file a complaint with the Michigan Department of Civil Rights. The department will investigate your complaint and take appropriate action.

Rental Application Process

When you apply to rent a property, a landlord can ask for an application fee, which covers the cost of screening tenants. However, they cannot charge more than the actual cost of conducting a tenant background check. If the landlord denies your application, they must provide a written explanation of the reason. You cannot be denied based on any discriminating factors, such as race, religion, familial status, or disability.

Security Deposits

The security deposit is a sum of money that is paid to the landlord at the beginning of the lease. The deposit is usually equal to one month’s rent and is held to cover any damages to the property. According to Michigan law, the landlord must return your deposit within 30 days after your lease has ended, or provide you with a written explanation of why some or all of your deposit will not be returned. The landlord can only deduct from the deposit for unpaid rent; damage to the rental property that is beyond normal wear and tear; cleaning fees if specified in the lease; or other specified costs in the lease.

Rental Agreement

The rental agreement is an essential document that outlines the terms and conditions of your lease. It includes information such as the amount of rent, the length of the lease, and any prohibitions on activities. Make sure to read the agreement carefully before signing it. The lease is a legally binding contract, and you must abide by its terms or face legal consequences.

Rent Increases

Rent increases are legal in Michigan, but the landlord must provide written notice at least 30 days before the increase takes effect. The lease terms may specify if rent increases are allowed in the contract, along with the percentage of increase and how often it can be raised.

Maintenance and Repairs

Landlords are responsible for keeping the property in a habitable condition. This includes providing heat, hot water, electricity, and gas. If your rental unit has problems with essential services, you must notify your landlord in writing. The landlord must address the issue within a reasonable time frame. If they fail to do so, you can file a complaint with the local housing authority.

Tenants are responsible for minor repairs, such as changing light bulbs, unclogging drains, and replacing air filters. However, if there is a problem with the property’s structure or systems, it’s the landlord’s responsibility to fix it. It’s best to communicate with your landlord in writing and keep a record of all requests and responses.

Entry by Landlord

According to Michigan law, landlords must provide reasonable notice before entering a rental property. The notice must be at least 24 hours in advance, unless it is an emergency. In some circumstances, such as repairs or maintenance, the landlord may enter the unit without prior notice. However, they must still inform the tenant once inside the property.

Early Termination of Lease

If you need to leave your rental property before the end of your lease, you may be responsible for paying rent until a new tenant occupies the unit, or until the lease ends, whichever comes first. A landlord has the responsibility to try and rent out the property as soon as possible. In some cases, the landlord may allow you to terminate the lease early, but this must be written into the lease agreement.

Eviction

Eviction is a legal process that occurs when a tenant is removed from a rental property. This can happen if the tenant has broken the lease agreement, failed to pay rent, or has engaged in other prohibited actions. Michigan law requires a landlord to provide written notice of an eviction, along with a specific time frame for the tenant to address the issue or vacate the property. If the tenant fails to comply, the landlord can begin eviction proceedings through the court system.

Resources

If you have questions about Michigan tenant rights or need assistance with a landlord dispute, there are several resources available:

– Michigan State Housing Development Authority: provides information on affordable housing, rental assistance, and landlord-tenant issues.
– Michigan Legal Help: offers free legal aid and resources for tenants facing legal issues.
– Michigan Department of Civil Rights: investigates complaints of housing discrimination and enforces fair housing laws.
– Michigan Attorney General Consumer Protection Division: handles consumer complaints related to landlord-tenant disputes.

Conclusion

Renting a property can be an excellent way to have a place to call home, but it also comes with responsibilities and obligations. Understanding Michigan tenant rights is essential to ensure a comfortable and secure living environment. Make sure to read and understand all rental agreements, communicate with your landlord in writing, and document all interactions. If you have questions or need assistance, don’t hesitate to reach out to available resources.

Quick Guide to Michigan Tenant Rights

Michigan Tenant Rights

A tenant has descriptive numerous rights within Michigan law, and there are several resources you can use to understand a Michigan tenant right.  The following website under the U.S. Department of Housing and Urban Development will provide you with important links to resources you can use to research your Michigan tenant rights:

The majority of this article will discuss the practical guide for tenants and landlords under the MI legislature.  This guide is listed at the following link and provides analysis for virtually any Michigan tenant right:

For more information on tenant and landlord rights in OH, refer to the recommended articles on this website.

Michigan Tenant Right against Discrimination

Under Michigan law, no person can be denied their renting privileges by a landlord, managing agent, real estate broker, or salesperson according to their race, color, religion, sex, sexual orientation, marital status, national origin, familial status, source of income (in most cases), or disability.

However, if the property is occupied by the owner and they are renting out a room, they may indicate a preference for gender in most cases.

Michigan Tenant Rights for Maintenance of the Property

According to Michigan Statute, a landlord is required to respect the Michigan tenant right for common areas:

• the area is clean and fit for intended use of the parties

• the area is kept in reasonable repair during the entire lease

• the area is in compliance with the health and safety laws under statute 554.139

Michigan tenant rights require a landlord to respond to damages with proper notification from the tenant.  This Michigan tenant right requires the landlord to make such maintenance:

1. Emergency repairs such as a gas leak, flooding, defective furnace, or major roof damage

2. Major problems such as a defective water heather, clogged drain, heating problem, or more

3. Minor problems such as defective lighting, locks, peeling paint, dripping faucets, and more

Michigan Tenant Right to Withhold Rent

If a tenant believes they are unlawfully being evicted for not paying rent, they will have to prove the following defenses in order to protect their Michigan tenant rights involved in unlawful eviction.  Although the Michigan tenant right to enact a lawsuit immediately is needed in some cases, the state also recommends that a landlord and tenant try to resolve issues outside of court.

If the Michigan tenant right has been grossly neglected, the Michigan resident may be able to avoid being evicted with the following defense:

1. Claiming retaliatory eviction- if the landlord tried to evict a tenant within 90 days of that tenant enacting their rights under law, the tenant can claim retaliatory eviction against the landlord

2. The landlord breached their duty to repair- Michigan tenant rights apply under this defense if the landlord was given proper notification of the repair and given appropriate time to fix the problem.

3. Rent was properly withheld and escrowed- in order to use this defense to protect their Michigan tenant rights, the tenant must prove they were willingly able to pay the rent at the time the rent was withheld so repairs could be made