Michigan, home of Motown and the original Motor City, has many great offerings for the real estate investor. Median monthly rental rate is $1049, and median home value in Detroit is only $140,000.
At a Glance:
Late Fees: No stated limit: Michigan landlord-tenant law is silent on a maximum allowable fee for late rent.
Security Deposit: 1.5 months’ rent: no more than an amount equivalent to 1 and ½ months’ rent is permitted.
Returned Payment Fee Limit: $25 if paid within 7 days; $35 if paid between 7-30 days.
Notice to Enter: No stated minimum notice: Michigan rental laws are silent on how much notice the landlord must provide the tenant to enter the rental unit.
Late Fee/Returned Check Fee:
Michigan’s landlord-tenant act doesn’t expressly place on limits on late charges in a lease agreement. With that being said, Michigan contract and consumer protection law prohibits fees and charges that may be considered penalizing. These fees must be correlated to the actual costs incurred by the landlord when a tenant is late with rent.
Payments returned by the bank in Michigan are governed by Section 600.2952 of the Revised Judicature Act of 1961. This section even includes a sample notice to use.
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Security Deposits:
Michigan defines a security deposit as any money taken to provide assurance that the tenant must fulfill the lease obligations. These amounts include prepaid rent (not including the first month rent), any amount that is over and above the normal rent during the lease period, any monies that are intended for return such as a pet deposit. These would not include lease option to purchase fees or those in connection with a subscription based service in a cooperative based housing situation. With that being said, anything collected as a security deposit that meets the definition including prepaid rent, and pet or key deposits cannot exceed an amount greater than one and a half months’ rent payment.
With regards to the return of a security deposit, one must first adhere to the procedures in Michigan 554.608 inventory checklists. There are move-in procedures such as that of providing two blank checklists to the tenant at the commencement of the lease. The tenant must complete and return one copy back to the landlord within seven days. Additionally, the security deposit must be returned within thirty days of the end of the tenancy and in accordance with the Section 554.609 of the Michigan Landlord Tenant Act.*
*Michigan is very specific in the language, timing and even the type of font that is used in notices.
Maintenance:
Michigan landlords are obligated to keep the residential rental property in safe and healthy condition. The landlord may not retaliate by evicting a tenant when a tenant complains about a needed maintenance or repair item.
Right of Entry:
In order for a landlord to enter the rental unit, the tenant must give permission. Although, there are no specific notice requirement, some type of “heads up” should be provided. The exception to this rule would be in emergent situations.
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Notice to End Lease:
Michigan requires the either party to provide to the other an advance notice of 7 days for tenancies that run week to week; and 30 days for tenancies that run monthly. For leasing situations where there is a written lease with a fixed ending date: the instructions on how to terminate will be as specified in the lease and if it is silent, then the tenant is expected to move out on the date stated in the lease. If there is a problem with regards to domestic violence that forces a tenant to move early, there are specific procedures that Michigan Landlord Tenant act sets forth.
**Please note that a tenant must provide the landlord with a forwarding address within 14 days after he moves out. If the tenant fails to provide a forwarding address, the landlord is absolved from notifying that tenant from damages. However, the tenant must be notified of this rule, in writing, before the end of 14 days of move-in.
Eviction:
Before filing in court to evict a tenant, an advance notice must be given. Self-eviction where a landlord changes the locks or shuts off utilities is not legal in Michigan. For non-payment and most lease violations, 7 days advance notice must be provided.
Important: Michigan’s Truth in Renting Act requires that the landlord must provide in the lease the name and address for where notices are to be sent as well as the prominent presence of very specific language in precise typeface must be in the lease.
Questions? Ask an Attorney!
Have questions about Michigan landlord-tenant laws? We have you covered. Ask in the box below, to have your questions answered by living, flesh-and-blood attorneys!
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Great summary, thanks Deni! I have it bookmarked and figured I’d return the love with a comment 🙂
I have not been able to find anywhere this answer. For a multi unit duplex, is the Landlord legally required to provide notice to be on the Common Areas; whether inside the builidng or outside. My argument is that the Common Areas are not exclusive us and therefore not subject to advance notice. How is an apartment bulding maintenance many different.
To extend this question, my lease specified that the Landlord is responsible for all landscaping. It is nearly impossible to provide advance notice as it cold happen multiple times each week, weather dependent. Aside from this, is it necessary to provide advance notice to enter the common entry, clean the halls and stairwells and service the heating system in the Common Area basement.
Hi, My response is like 3 years late. But juse in case someone else was wondering. As a landlord you are only required in Michigan to provide a 24 hour notice to enter the tenants unit (unless your lease states otherwise). But if a emergency you can enter in 24 hours after notice or as a health hazard notice. You have a right to be in the common area without notice. However. I usually provide a headsup if I am there sometimes I give no notice it depends if I am having work done in the common areas I will notify. We are responsible for landscaping and snow removal, I always check my properties alot during the winter to make sure it is safe and free from ice this includes my single family homes, single family rentals are responsible for their own landscaping and snow removal however it is the landlord job to make sure they are removing the snow. If it is not removed I will remove it and charge a fee(included in my leases). I do not notify tenants I am on the premises for snow removal. Disclaimer: I am not a attorney. The information provided is based on experiance and legal recommendations over the years of me owning property .
I am subleasing a property will be subleasing initially I was told the move in cost would be just first month rent as that is what was paid by the orogianal leasor. Now I am being asked for first and last plus an additional $600 so $2700 altogether for the apartment. Is this legal?
I received a letter for demand for possession non payment of rent on 10/19/17 and it says I have 7 days from when I received letter, when I went to ask landlord he told me no it’s 7 days from when he signed it that was 10/16/17 so I had to pay by 10/22/17 how does that give me time to pay that’s 4 days from my book from what I understand and not 7 days after served. I don’t understand his counting how does he expect sending me a letter that doesn’t arrive same day unless personally served to expect less then 7 days payment is he lying about date filled out. I think so what do u think. Help me understand for future reference. Thank you
How much can a landlord raise rent I’m in a lease
Is it legal in MI to charge a redecoration fee or move in fee.
I had applied for 1 year lease at willow tree, AnnArbor .
LAndlords email on 4 august said “This lease will be given to the first person that sends the forms back. Once I received the forms, I can send over a typed up lease agreement. All leases are on a first come, first serve basis.”
I sent all relevant documents on august 4 and paid, on august 6, as per application form, nonrefundable application fees 25/-, Nonrefundable administrative fee 50/- and nonrefundable hassle free fee of 75/- online and sent all the ID, finance any guarantee documents online on 5 August 18.
He sent me the typed lease document for my signature.
On august 8 he wrote “Do you plan on signing the lease? I’m ok reserving it for you, but need to know ASAP and will need the signed lease agreement to fully reserve it.”
I replied the same day “I definitely plan on signing the lease. Unfortunately I am traveling and do not have access to a printer. I will be back early next week and use the printer then. Please reserve the lease for me until next week. I apologize for the inconvenience.”
I had scheduled and appointment with him on August 10 at 4 pm to visit the place and sign the lease. I went to Ann Arbor from Chicago that day morning as per telephonic discussion with him and he agreed for the same.
Unfortunately on the same day morning i received email from him stating he has given away the apartment to someone else. ” Someone came in to sign for the one bedroom apartment. I do apologize. I have to do it on a first come first serve basis and I did try and hold it for you as long as I could.
I just wanted to let you know. ”
I asked for the explanation and objected ” Dear Brooke,
I feel very dismayed.
I talked to you yesterday, that I am going to see the apartment today and sign the lease.
I have travelled a long distance and spent so much money and time just to see this apartment. I am almost in Ann Arbor. I scheduled today’s visit with great difficulty, because you informed me you could not hold the lease till next week. You have not held it even till weekend. It is just 3 hrs to scheduled appointment.
Had you informed me before, I would not have travelled today. I feel cheated.
How do you expect me to sign the lease agreement, a more than 10000 $ commitment, without getting answer to any basic questions, like whether heat is included in the rent or getting Photos or unit number, or any sort of viewing. You did not even inform me that the unit was unfurnished, till I asked you after paying the application fees, while your website is misleading that all the units have furniture.
I hope you have another apartment for me when I reach there at 4 pm, as per our scheduled viewing.
If not, this is the most unprofessional management I have seen in my life. I would expect you to refund my application money, which is only fair.”
He has refused to refund the fees charged, Stating ” I do apologize that you feel this way. I have sent you all the information and documentation last week. I actually held off other people longer than usual to try and help you and give you time to sign the lease. I did not reach out to others regarding the open one bedroom knowing you were going to come see it, but there is never a guarantee you will sign. This person come in today with all paperwork and asked to sign, I cannot tell them no (per fair housing laws). If I had a signed lease (even just front page), it would have been held which is what I explained and why I asked you to do so.
I did provide you with all the information you asked.
I had no problems setting up a tour for you to see it, but again, I can’t hold anything without a signed lease.
The first/original email I sent out says leases are signed on a first come/first serve basis.
I do apologize again, as I tried the best I could to help you in this situation.”
Now the fact is his first email says who ever sends forms first gets the apartment. He has broken his promise.
He had confirmation on email that i am coming there and signing the lease agreement personally, at 4 PM and he has cancelled the lease. He has not provided all the information. Application form does not mention in what condition it is non refundable. If i failed in background check or credit check, i can understand. But this is outrageous and unprofessional.
Can u help?
I’m so sorry to hear that Palak. Unfortunately we are not a law firm and cannot provide legal advice. With that said, you can ask questions of attorneys in the Ask-an-Attorney box, and name your own price for answers.
Best of luck finding the right place to sign a lease Palak!
What section of the Michigan contract and consumer protection law prohibits fees and charges that may be considered penalizing? Could you please supply a link?
Thank you for your research and report on renting in Michigan!
My lease is up and my landlord and I agreed to continue on a month to month basis. However as part of my current lease I ha e paid the security deposit and first and last months rent. I read in the agreement that July 1-31 has been prepaid as it is the last month on the lease. I told my landlord that I have prepaid for July and will not be paying additionally until the next month. She seems to think she can make me pay for July and continue to use the last months from the prior agreement on the new agreement. I am asking if that’s legal for her to request even though it has a specified use on my current lease?
This is a complicated issue and an attorney should be consulted. It is one of interpretation. Unfortunately, without seeing the entire lease it would be impossible for anyone to answer this correctly. Generally speaking, however, the last month paid in advance generally means the last month of the lease and any renewal thereof. But again, much depends on the lease as a whole.
Hi Alecks
Just saw your post, hope this info doesn’t come too late. If your landlord put the month to month terms on the lease as an addendum, it’s the same lease and has not been terminated, which makes your landlord correct, you aren’t due to receive the last months payment until the actual last month of your rental. You will need to give her 30 days notice (in writing) of your intent to vacate the property as well. If you did not receive and sign an addendum, just agreed verbally, make sure you get it in writing and always keep a copy in a safe place – it’s the only way to protect yourself in a dispute.
My lease is up and my landlord and I agreed to continue on a month to month basis. However as part of my current lease I ha e paid the security deposit and first and last months rent. I read in the agreement that July 1-31 has been prepaid as it is the last month on the lease. I told my landlord that I have prepaid for July and will not be paying additionally until the next month. She seems to think she can make me pay for July and continue to use the last months from the prior agreement on the new agreement. I am asking if that’s legal for her to request even though it has a specified use on my current lease?
can a landlord or property manager demand that you pay your rent in cash only? i have never had a nsf check returned from them?
Can you raise a tenants rent if they decline to sign the rules and regulations of a community? A community was purchased and new owners took over, all of the current tenants need to sign rules and regulations, but they have not. Can rent be increased for those who didn’t sign, or is there any other type of repercussions we could use to have them sign?
Hello. I have a rental property in Mi that is managed by a property management company. Some tenants lease just ended and new tenants are to move in , in a couple weeks. I believe that the managers have not done a good in taking care of my rental house. They are asking me to pay them around $5000 to get the house ready for the next tenants. The house is filthy. My #1 issue when I signed on with the managers was ‘no smoking’. the house now smells like smoke. I was assured last year by the managers that the house had no smoke odor to it. I cannot move into this house in the future if it smells like smoke. I have no tolerance for it.
I am considering breaking my contract with the managers and doing the repair work myself as I am capable. I assume that I will have to pay the managers 1 years worth of management fees, about $1800 for next year. Is there anything else I need to consider financially, ex: the new tenants and their security deposit that they put down a month ago, could I be sued by them?