21/09: Lease Law - Michigan

It is important for both the landlord and the tenant to be aware of the numerous laws that govern all aspects of the landlord-tenant relationship. The most important of these laws are:

The Truth in Renting Act, MCL 554.631 to 641;
The Landlord Tenant Act, MCL 554.601 to 616;

The Summary Proceedings Act, MCL 600.5701 to 600.5759;
The Elliott-Larson Civil Rights Act, MCL 37.2101 to 37.2804;
The Persons with Disabilities Civil Rights Act, MCL 37.1101 to 37.1607;
Lease or license of residential premises / covenants / modifications, MCL 554.139; and
Damages for forcible entry and detainer / unlawful interference with possessory interest, MCL 600.2918.

Tenants who are having difficulties with their landlords can and should refer to these laws to hold their landlords accountable. For example, according to the Truth in Renting Act, landlords must EXCLUDE certain provisions from their leases and if included, they are automatically considered void. The tenant can make the landlord fix a lease with these illegal provisions and if the landlord does not, the tenant can take the landlord to court and win statutory damages and fees. Landlords are likewise required to INCLUDE certain provisions such as the name and address at which notice shall be given to the lessor and a very specific statement regarding the fact that the agreement must comply with applicable Michigan laws.

For those who are interested in knowing the landlord's obligation to maintain the premises, reference should be made to MCL 554.139. This law requires that landlords must keep the premises and all common areas fit for the use intended. They must also be kept in reasonable repair and in compliance with applicable health and safety laws of the state and of the local unit of government.

Tenants who are worried about the return of all or part of their security deposit should pay particular attention to the Landlord and Tenant MCL 554.601 to 616 as this act regulates security deposits. Landlords cannot collect more than 1 and 1/2 times the monthly rent as a security deposit. Furthermore, they cannot require a security deposit unless they notify 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 as well as the name and address of his bank. There is also a requirement of a particular notice regarding the tenant's responsibility to forward their new mailing address to the landlord within 4 days after termination of occupancy: “You must notify your landlord in writing within 4 days after you move of a forwarding address where you can be reached and where you will receive mail; otherwise your landlord shall be relieved of sending you an itemized list of damages and the penalties adherent to that failure.” An inventory checklist is required at the commencement and termination of the tenancy. If a landlord wants to keep all or part of the security deposit for damages or other obligation, he must mail to the tenant, within 30 days after the termination of occupancy, an itemized list of damages claimed, 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 notice of damages shall include the following statement in 12 point boldface type which shall be at least 4 points larger than the body of the notice: “You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages.”. Failure by the landlord to comply with the notice of damages requirement within the 30 days after the termination of occupancy, constitutes agreement by the landlord that no damages are due and he shall remit to the tenant immediately the full security deposit.

Tenants of an advanced age should be aware of MCL 554.601a, which allows early termination of a lease if the tenant becomes eligible to take possession of a subsidized rental unit in senior citizen housing or becomes incapable of living independently.

Regarding discrimination, the Elliott-Larsen Civil Rights Act provides protection from discrimination in housing accommodations on the basis of religion, race, color, national origin, age, sex, or marital status. There is an exemption in the law where the landlord or a member of the landlord's immediate family resides in one of the units. However, the Civil Rights Act of 1866 prohibits discrimination on the basis of race in ALL property transactions; and since federal law trumps state law, the federal law must be followed. Therefore, landlords can NEVER discriminate on the basis of race. Also, persons with disabilities are protected from discrimination. Landlords must accommodate disabled persons unless they demonstrate that the accommodation would impose an undue hardship or that they or their immediate family resides in 1 of the units under certain circumstances.

Finally, a tenant is entitled to quiet enjoyment of the premises and landlords are prevented from interfering with that enjoyment unless they are acting pursuant to court order, or the interference is only temporary in order to make needed repairs or inspection as provided by law. Landlords are not allowed to enter a tenant's property whenever they want, nor are they allowed to eject a tenant in a forcible or unlawful manner. A tenant who is put out or held out of their rented property in a forcible and unlawful manner, is entitled to recover 3 times the amount of his actual damages or $200.00, whichever is greater, in addition to recovering possession. Furthermore, a tenant whose possession has been unlawfully interfered with by the landlord or their agents shall be entitled to recover the amount of his actual damages or $200.00, whichever is greater, for each occurrence and, where possession has been lost, to recover possession. Landlords cannot use or threaten force, nor can they remove or destroy a tenant's personal property. They cannot change the locks without immediately providing keys, nor can they board up the premises. They cannot interrupt a service procured by the tenant or which the landlord is under a duty to furnish, if that service is so essential that its interruption would constitute constructive eviction, including heat, running water, hot water, electric, or gas service. Lastly, they cannot introduce noise, odor or other nuisance.

Any person involved in a landlord-tenant relationship must be aware of these laws. Landlords must inform their staff as for example, if certain language is not included in leases and certain time frames are not met, rights can be very limited. Tenants who must breach their lease in advance pray for the landlord to miss the 30-day deadline. If the notice of damages retained from the security deposit does not go out within 30 days after the tenant terminates the tenancy, all rights to the security deposit and any other damages are waived. Also, it must be clear that deference must be made to the federal Civil Rights Act and no discrimination on the basis of race must ever occur. The landlord-tenant relationship is tenuous at best. Knowledge of the applicable law by both parties sets forth expectations, reduces unnecessary problems, and lays a foundation for a positive relationship.


Comments

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Megan98308 in Michigan wrote:

My lease states that to terminate, I have to pay a $250 lease termination fee, AND continue to be liable for rent payments until the apartment is re-rented or until the lease expires. Is this legal? I have already broken lease, given 30 days notice, paid up rent, and paid the termination fee. If I paid to terminate the lease, shouldn't it be terminated and I no longer liable for rent?
29/01 13:33:48

refadmin wrote:

You should be very prepared by knowing the facts of the case and having the evidence in support of your arguments. It is always a good idea to have the facts presented in a time-line like fashion.

Furthermore, have extra copies of documents for the judge so when you are arguing for your position, you can impress her by requesting that you approach and give her a copy of the material you are referencing.

Anticipate his arguments as to why he did not follow the law and prepare for them. As a landlord he should be well-aware of his legal responsibilities and therefore has no excuse for violating the law.

You might also bring with you copies of the law in your favor. Sometimes the law is ignored and in those situations, you must argue that the law is the law and you should be able to rely on the judicial system to enforce the law.
22/01 15:37:18

Tony Trachsel wrote:

Just a general question...

I am taking my landlord to Small Claims in a week for not paying me my security deposit within the 45 day required time period. The itemized list of charges were re-negotiated about a week after they had been sent out because they were all incorrect (charged for a mattress when we had an unfurnished apartment, as well as all of the water consumption for the 2 years we lived there was taken out of the deposit when we had payed quarterly for water).

I guess my main question would be if there were any general things I should do prior so we do not get blindsided by something ridiculous.

Tony
22/01 13:31:42

refadmin wrote:

Landlords have a responsibility to keep the premises in reasonable repair and fit for their intended use. Generally speaking, if the landlord is not living up to their responsibility, the rent can be withheld and put in an escrow account or the tenant can have the damage repaired and deduct the repair amount from the rent. Notice must be given to the landlord in advance so that they have an opportunity to respond and/or repair.

From the facts stated, it does not appear that there are grounds to break a lease. If a tenant pays the lease in full and does not damage the property, then arguably they have complied with their lease and should not have a legal problem.

Disclaimer: I have not seen your specific lease nor do I have all the facts. You should not rely upon this information to make your decisions as in my blog, I discuss legal principles rather than give specific advice.
11/01 22:22:13

Kerri Eckert wrote:

I want to break my lease as I have a chance to move into a house I want to buy. The ceiling had a leak last month and a piece of the drop ceiling fell down on my bed. The landlord wanted me to put a bucket there to catch the dripping water! I told him I would not live like that. He had someone come and get the frozen snow off the roof which was causing a leak. His properties are in bad shape according to the contractor who came. Do I have a leg to stand on when this happens again? I need an out. If I pay the lease in full there should not be a problem though right?
11/01 20:57:11

refadmin wrote:

Unless there is a provision allowing for this in your lease, then probably not. You may be able to get out of your lease on other technicalities as where the landlord has failed in his obligations. Refer back to the article above to check on his obligations. However, if you are unable to continue your lease and must leave because you have to take care of your father, do whatever you have to in order to fulfill your responsibilities to your father. Family should always come first and the landlord does have to mitigate his damages by finding another tenant to replace you. However, if he cannot, then you may be accountable for the remainder of the lease. You may want an attorney to take a look at your lease and discuss your situation to see if you have any outs.
14/11 14:27:03

Brian Voishich wrote:

Can I break a lease because of family hardship where I would have to move to take care of my dad?
14/11 12:22:23
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