Michigan Landlord Tenant Laws
Michigan Compiled Laws Chapter - REAL AND PERSONAL PROPERTY Act of LANDLORD AND TENANT RELATIONSHIPS ( LANDLORD AND TENANT RELATIONSHIPS Act of AN ACT to regulate relationships between landlords and tenants relative to rental agreements for. LANDLORD AND TENANT RELATIONSHIPS (EXCERPT) Act of Security deposit; amount. Sec. 2. A landlord may require a security deposit.
A landlord shall not require a security deposit unless he notifies the tenant no later than 14 days from the date a tenant assumes possession in a written instrument of the landlord's name and address for receipt of communications under this act, the name and address of the financial institution or surety required by section 4 and the tenant's obligation to provide in writing a forwarding mailing address to the landlord within 4 days after termination of occupancy.
The notice shall include the following statement in 12 point boldface type which is at least 4 points larger than the body of the notice or lease agreement: The attorney general may find a bond unacceptable based only upon reasonable criteria relating to the sufficiency of the bond, and shall notify the landlord in writing of his reasons for the unacceptability of the bond. A person for whose benefit the bond is written or his legal representative may bring an action in the district, common pleas or municipal court where the landlord resides or does business for collection on the bond.
For the purposes of this act and any litigation arising thereunder, the security deposit is considered the lawful property of the tenant until the landlord establishes a right to the deposit or portions thereof as long as the bond provision is fulfilled, the landlord may use this fund for any purposes he desires.
A security deposit may be used only for the following purposes: The checklist shall include all items in the rental unit owned by the landlord including, but not limited to, carpeting, draperies, appliances, windows, furniture, walls, closets, shelves, paint, doors, plumbing fixtures and electrical fixtures. You are also entitled to request and receive a copy of the last termination inventory checklist which shows what claims were chargeable to the last prior tenants.
In case of damage to the rental unit or other obligation against the security deposit, the landlord shall mail to the tenant, within 30 days after the termination of occupancy, an itemized list of damages claimed for which the security deposit may be used as provided in section 7, including the estimated cost of repair of each property damaged item and the amounts and bases on which he intends to assess the tenant.
The list shall be accompanied by a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord and shall not include any damages that were claimed on a previous termination inventory checklist prior to the tenant's occupancy of the rental unit. Michigan landlord-tenant law does not require licensing to rent residential properties.
However, in Detroit landlords must register their property with the city and obtain certification from the city that the property is fit to rent.
Please be aware that city and local laws can be more specific and in-depth than state laws, and landlords must follow their local laws. Any refundable fee collected before the tenant moves in is considered part of the security deposit.
When must a landlord return the deposit by in Michigan? Return the entire amount of the deposit by check or money order, OR Send, by mail, an itemized list of damages charged to the deposit and a check or money order for the remaining balance of the deposit if any The tenant must respond to the landlord within seven days if he or she disagrees with the list of damages charged to the deposit.
Which situations allow a landlord to withhold a security deposit in Michigan?
The landlord may withhold a security deposit if the tenant: Owes rent Caused damage to the rented property beyond reasonable wear and tear Holding the Security Deposit Landlords have two options for storing the security deposit. The security deposit may be stored in a bank account or the landlord may purchase a cash or surety bond from the Secretary of State, equal to the amount of the deposit.
Michigan Legislature - Act of
Inventory Checklist The landlord must provide an inventory checklist at the start and end of every occupancy. The checklist must include all items in the rental unit owned by the landlord including, but not limited to, carpeting, draperies, appliances, windows, furniture, walls, closets, shelves, paint, doors, plumbing fixtures and electrical fixtures.
The tenant must complete the checklist within seven days unless he or she agrees to a shorter period of time. Non-Refundable Fees The landlord may charge any amount he or she would like for a non-refundable fee. The reason for the fee must be clear.
Additionally, the fee cannot cover the same issues covered by the security deposit. Rental Agreement Laws in Michigan Written rental agreements are required when the lease is over 12 months.
Security Deposits in Michigan
For any tenancy shorter than 12 months a written is not required. However, we highly recommend the use of a written rental agreement regardless of the length of tenancy. The lease must include the name and address of the landlord or the manager of the property. Also, the lease must include the following statement: Michigan law establishes rights and obligations for parties to rental agreements.
This agreement is required to comply with the Truth in Renting Act. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person. The lease cannot include a provision that does any of the following: However, there are some exceptions.
Changes required by federal, state, or local law, rule, or regulation Changes in rules relating to the property meant to protect health, safety, and peaceful enjoyment Changes in cost of rent to cover additional costs incurred by the landlord due to increases in property taxes, increases in utilities, or increases in property insurance premiums Lease Renewal Provisions in Michigan Fixed Term Leases Fixed term leases are assumed to end when the lease term is over.