Renters Rights – 15 Things Tenants in Michigan Should Know
(Crystal A. Proxmire, orig. Jan. 22, 2024)
Oakland County, MI – Across the state there are circumstances where renters and landlords have misunderstandings, and even times when tenants may suffer because they don’t know their rights.
The City of Pontiac hosted a series of Town Halls about Tenant Rights, to coincide with a new ordinance that allows a tenant to put rent in an escrow account with the City if their landlord has not registered the property as a rental and is up to date with inspections.The Town Halls also feature those who work in the housing field, including city staff, Fair Housing Center, Lakeshore Legal Aid, and Community Housing Network. The first Town Hall was Jan. 20.
The event provided a wealth of information to the community. Here are our Top 15 takeaways that can help renters anywhere in Michigan, with tips from the various speakers, as well as from the State of Michigan’s “A Practical Guide for Tenants and Landlords.” Always check with your attorney for the most up to date information.
1 – CHECK OWNERSHIP – One common scam is for people to pose as property owners in order to scam people out of deposits and rent payments. There have even been cases where people moved into to homes or apartments and learned that they’d been rented to fraudulently. Avoid this by checking with Oakland County and your local city to find out the legal owner, and if the property is registered as a rental.
2 – SECURITY DEPOSIT LIMIT – In Michigan a landlord can only charge up to 1.5x the amount of monthly rent for the security deposit.
3 – BEWARE OF FEES – When a tenant signs a lease, a security deposit is a normal request. But sometimes landlords will tack on other fees. The fees may not necessarily be illegal, but they should raise questions for the renter. This can include “community fees,” “application fees,” “membership fees,” etc. Fees that are collected are not required to be returned, as security deposits are.
4 – PET FEES VS. SERVICE ANIMAL FEES – Landlords have the choice of allowing pets on their property, and they may charge a pet fee if they’d like. They cannot, however, charge a fee for service animals.
5 – MARIJUANA – An ever-more-popular question is whether tenants have the right to smoke marijuana at rental properties. Even for those who use it for prescribed medicinal purposes, landlords are allowed to limit smoking areas, or prohibit smoking on the property altogether at their discretion.
6 – GET IT IN WRITING (AND PICTURES) – One common source of strife between landlords and tenants is when agreements are not put into writing. Verbal agreements and leases can be enforced in court, but they are much harder to prove. It’s always a good idea to get a lease in writing, as well as any communications that could arise later if there is a disagreement. For example, if someone gets behind on rent and the landlord agrees to a payment arrangement, it’s best to have that written out in case there is confusion later. Also, taking pictures is a great way to document the condition of the apartment at move in and move out, as well as problems as they occur.
7 – INVENTORY CHECKLIST – An inventory checklist is an important document for any rental agreement. With this a tenant can report any damages or missing components upon moving in to a space. This also documents what items are there, such as appliances, window dressings, fixtures etc. This is very important if there becomes a dispute later over damages.
8 – KEEP TRACK OF PAYMENTS – It’s a good idea to keep a ledger where you record each month’s rent payments. Include information such as date, method of payment, check number, amount, etc.
9 – SETTING BOUNDARIES – In some states landlords must give advance notice of visits. However in Michigan there is no regulation for that, so landlords and tenants can set those expectations in the lease agreement. So if you don’t want your landlord just popping up, suggest a clause to the lease asking for reasonable notice – such as 24 hours – for non-emergency visits.
10 – REPAIRS NECESSARY – Landlords are required to fix things that are necessary in a home, but often tenants don’t know what to do if their landlord or property manager is dragging their feet. A tenant should give the landlord a reasonable amount of time to make a repair, and not impede their ability to do so. But if a landlord shows no interest in making the repair, the tenant can have it done and deduct that cost from rent. They may also have the right to put rent payments into an escrow account in a bank until the repair is made.
11 – EVICTIONS MUST GO THROUGH COURT – Sometimes tenants worry that their landlord might change the locks, cut off utilities, or throw their stuff to the curb in the event of a dispute. In Michigan, landlords are not allowed to do this. For an eviction, the landlord must go through the court process. If an eviction is granted, the police may be called in to assist in vacating the property. A landlord must never forcibly remove the tenant or occupant themselves, which includes changing locks, turning off utilities, etc.
12 – CAUSE FOR EVICTION – A landlord can opt not to renew a lease. But for evictions, there are ten legally legitimate reasons that someone can be evicted. These are (1) nonpayment of rent, (2) extensive and continuing physical injury to property, (3) serious and continuing health hazard, (4) illegal drug activity on the premises and a formal police report filed and the lease including this provision, (5) physical violence or threat of violence, (6) violations of lease provisions if the lease allows for termination, (7) forceful entry or peaceful entry with forceful stay or trespass, (8) holding over after natural expiration of lease term, (9) “just cause” in relation to mobile home parks, and (10) “just cause” in relation to government subsided housing. Nine and ten relate to circumstances that have additional rules compared to other rental situations. Also of note, if there are multiple tenants in a space splitting rent, everyone is responsible and could be evicted if one of the parties fails to pay or comply with the rules.
13 – DEPOSIT RETURN LAWS – A deposit is collected at the beginning of a lease to protect the landlord against property damage. The rules for how a deposit is used, and the process for both the tenant and the landlord is very specific. So check with the State of Michigan website to make sure things are done in line with the law.
14 – WEAR AND TEAR VS DAMAGES – One common area of dispute for renters and landlords is how much of a deposit can be kept at the end of the lease. The deposit is intended for damages, and not for normal wear and tear. A landlord is expected to paint, replace carpet, etc and these items should not be taken out of the deposit. Always take pictures upon moving out to prove the condition of the rental space.
15 – GET MORE HELP – There are a number of resources for renters, including:
Fair Housing Center of Metropolitan Detroit
