Renter's Rights for Housing in Michigan
The Michigan Legislature enacted several residential rental laws to protect tenants from illegal rental practices. The Michigan Truth in Renting Act makes it illegal for landlords to waive their implied duties to provide clean and safe housing, to require their tenants to pay exorbitant security deposits and to evict them without obtaining judicial eviction orders.
Other People Are Reading
-
Security Deposits
-
Landlords cannot charge their tenants more than one and one-half the monthly rent amount as un upfront security deposit. Tenants have a right to request a refund of any prepaid rent. Michigan law considers prepayment of rent as a refundable security deposit unless the rent is for the first month. Landlords must deposit their tenants' security deposits with regulated banks or purchase surety bonds to ensure they repay their tenants' deposits. Tenants have rights to dispute any charges against their security deposit, and they may contest any deductions within seven days of receiving the itemization Under Michigan law, tenants retain full legal ownership of their security deposits until landlords perfect title or obtain legal judgment against them.
Michigan Truth in Renting Act
-
The Michigan Truth in Renting Act protects tenants within the state from deceptive rental practices. The act prohibits landlords from inserting certain lease provisions, and tenants who sign lease agreements with at least one illegal lease provision have rights to terminate their lease agreements. In other words, one illegal clause cancels the entire rental agreement. Illegal provisions under the act include waivers of landlords' duties to provide fit and habitable housing, waiving right to sue, nonreturnable security deposits, removing tenants' personal property, providing legal title to their tenant's personal property when they fall behind in rent and waiving tenants' rights to anti-discriminatory treatment.
-
Senior Living
-
Senior citizens who have lived in their rentals for at least 13 months have rights to terminate their lease agreements with 60 days written notice if they need to move into senior housing or they are unable to continue living independently. However, landlords have the right to request a certification from a licensed physician of their medical inability to live alone.
Evictions
-
Tenants have rights to prior notice before their landlords can legally evict them. For nonpayment of rent and damaging property, a landlord must provide his tenant with at least seven days' written notice before filing a suit for eviction. When his tenant conducts an illegal drug activity on his property, he must provide her with at least 24 hours' written notice to vacate and file a police report. For any other lease violations, landlords must provide their tenants with at least 30 days' prior notice before filing suit, and they cannot evict their tenants without cause if there is a written lease agreement. Tenants do not have to move at the end of the notice period, and until their landlords obtain an eviction judgment against them, they have the right to remain in their homes.
Considerations
-
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
-
References
Resources
- Photo Credit FPG/Retrofile/Getty Images
