A Practical Guide for Tenants & Landlords

A Practical Guide for

Tenants & Landlords

Dear Friend:

This booklet is designed to inform tenants and landlords about their rights and

responsibilities in rental relationships. It serves as a useful reference—complete

with the following:

› An in-depth discussion about rental-housing law in an easy-to-read question-

and-answer format;

› Important timelines that outline the eviction process and recovering or keeping

a security deposit;

› A sample lease, sublease, roommate agreement, lead-based paint disclosure

form, and inventory checklist;

› Sample letters about repair and maintenance, termination of occupancy, and

notice of forwarding address; and

› Approved court forms.

Whether you are a tenant or a landlord, when you sign a lease agreement, you

sign a contract. You are contractually obligated to perform certain duties and

assume certain responsibilities. You are also granted certain rights and protections

under the lease agreement.

Rental-housing law is complex. I am grateful to the faculty and students of the

MSU College of Law Housing Law Clinic for their detailed work and assistance in

compiling the information for this booklet.

Owners of mobile-home parks, owners of mobile homes who rent spaces in the

parks, and renters of mobile homes may have additional rights and duties. Also,

landlords and renters of subsidized housing may have additional rights and duties.

It is my pleasure to provide this information to you. I hope that you find it useful.

MSU College of Law, Housing Clinic

(517) 432-6880, Option 1 clinic@law.msu.edu www.law.msu.edu

This informational booklet is intended only as a guide—

it is not a substitute for the services of an attorney and

is not a substitute for competent legal advice.

Note: Content accurate at time of printing.

Table of Contents

Creating and Terminating Tenancies

and Understanding the Lease

A. THE TENANCY

Q1 What are the types of tenancies?....................................................... 3

Q2 Are there advantages and disadvantages to the different types of tenancies? ................ 4

B. THE LEASE

Q1 Are there advantages to a written lease? ................................................ 4

Q2 What provisions should be included in the lease? ......................................... 4

Q3 What provisions are prohibited by law from being included in the lease?..................... 5

Q4 What if the lease contains a provision that is prohibited by law

or is missing the required disclosure language?........................................... 5

Q5 What other provisions can be included in the lease?....................................... 5

Q6 How can a lease be terminated? ........................................................ 6

Q7 Are there other termination rights under the law for those in special circumstances?.......... 6

Q8 What does “joint and several liability” mean? ............................................ 6

Q9 Can a landlord raise the rent once the lease has started?.................................. 6

The Security Deposit

A. COLLECTING THE SECURITY DEPOSIT AT THE BEGINNING OF THE TENANCY

Q1 Is there a limit on the amount that a landlord may collect as a security deposit? ............ 7

Q2 What exactly is considered a security deposit?............................................ 7

Q3 Is there a difference between a fee and a deposit? ....................................... 7

Q4 Once collected, what must the landlord do with the security deposit?........................ 8

Q5 Whose money is it anyway? ............................................................ 8

Q6 What rights and responsibilities does the landlord have

with regard to the tenant’s security deposit? ............................................ 8

Q7 What is the point of the inventory checklist?............................................. 8

Q8 Is it important to properly complete the inventory checklist?............................... 8

B. RECOVERING THE SECURITY DEPOSIT AT THE END OF THE TENANCY

Q1 What must the TENANT do at the end of the lease? ....................................... 8

Q2 What must the LANDLORD do at the end of the lease? ..................................... 9

Q3 What must the tenant do when he or she receives the itemized list of damages? ............. 9

Q4 What must the landlord do once he or she receives notice of

the tenant’s dispute of the itemized list of damages? ..................................... 9

Q5 Who must file suit—the landlord or the tenant—for the security deposit? .................... 9

Q6 If the landlord fails to follow the law as to a security deposit and has to return all of it,

can the landlord still sue the tenant? ................................................... 9

C. SECURITY DEPOSIT TIMELINE 10

Subleasing

Q1 Does the landlord have to agree to the sublease? ......................................... 11

Q2 If the tenant is to sublease, what exactly can be subleased? ............................... 11

Q3 What duties does the original tenant have when subleasing? ............................... 11

Q4 What about the security deposit? ....................................................... 12

Q5 What if the subtenant stops paying rent? ............................................... 12

Q6 Can the original tenant be released from the obligations under the lease? ................... 12

Eviction Proceedings

A. STARTING THE EVICTION PROCESS—BEFORE GOING TO COURT

Q1 What lawful reason(s) must be given to evict a tenant? ................................... 13

Q2 If one roommate moves out and stops paying rent, can the other tenant(s) be evicted? ....... 13

Q3 What is proper notice of eviction and how important is it? ................................ 13

Q4 How much notice must be given to the tenant before the landlord may file suit? ............. 14

Q5 Once the proper notice is prepared, how must it be delivered to the tenant? ................. 14

(Rev. 2/2024)

Table of Contents (continued)

Eviction Proceedings (continued)

B. TAKING THE ACTION TO COURT

Q1 What must the landlord do to begin a lawsuit for eviction? ................................ 14

Q2 What must the tenant do after receiving the Complaint? .................................. 15

Q3 What happens if the tenant fails to appear and answer after receiving the Complaint? ........ 16

Q4 Once a lawsuit is started, can the parties still try to negotiate or mediate an agreement? ..... 16

Q5 If the parties reach an agreement, do they still have to appear in court?.................... 16

Q6 What possible defenses to a lawsuit for eviction might a tenant have? ...................... 16

Q7 What can the parties expect to see happen at trial? ...................................... 17

Q8 If the landlord wins the lawsuit for eviction, how soon can the tenant

and his/her personal property be removed? .............................................. 17

Q9 Can the tenant be evicted and still forced to pay money damages to the landlord? ........... 17

C. EVICTION TIMELINE 18

Mediation

The Mediation Process.................................................................... 20

Community Mediation Centers in Michigan .................................................. 21

Small Claims Court

Q1 What is a small claims lawsuit? ........................................................ 23

Q2 Why not try mediation before starting a lawsuit?......................................... 23

Q3 How does a lawsuit begin? ............................................................. 23

Q4 What happens when you are sued in Small Claims Court? .................................. 24

Q5 How do I prepare for the hearing? ...................................................... 24

Q6 What happens at the hearing? ......................................................... 25

Q7 If you win, how do you collect your money?.............................................. 25

Repair and Maintenance

A. RESPONSIBILITIES ARE SHARED WHEN MAINTAINING A RENTAL PROPERTY

Q1 What are the landlord’s responsibilities?................................................. 26

Q2 What are the tenant’s responsibilities? .................................................. 27

B. IMPORTANT STEPS TO TAKE IN SOLVING THE PROBLEM(S)

Step 1: Notify the landlord and provide reasonable time for repair ............................ 27

Step 2: Contact the building inspector and schedule an inspection ............................. 27

Step 3: If the landlord has failed to make necessary repairs, either withhold the rent and deposit

it into an escrow account OR pay for the repair and deduct the cost from the rent ....... 27

Q1 How much rent should be withheld? ..................................................... 28

Q2 What if the tenant lawfully withholds rent and the landlord starts the eviction process?....... 28

Additional Considerations

Civil Rights ............................................................................. 29

Housing Codes, Smoke Detectors ........................................................... 29

Pet Restrictions ......................................................................... 29

Smoking ............................................................................... 29

Lead-Based Paint ........................................................................ 29

Medical Marijuana....................................................................... 30

Bed Bugs ............................................................................... 30

Appendices .......................................................................... 31

Sample Residential Lease Agreement ....................................................... 32

Sample Residential Sublease Agreement .................................................... 37

Sample Roommate Agreement ............................................................. 38

Sample Lead-Based Paint Disclosure Form ................................................... 40

Sample Inventory Checklist ............................................................... 41

Samples of Tenant’s Letters to Landlord .................................................... 43

Samples of Landlord’s Letters to Tenant .................................................... 48

Approved Court Forms ................................................................... 50

PrePared by the Michigan LegisLature

This information is provided free to Michigan citizens and may not be reproduced for resale or profit.

Creating and Terminating Tenancies

and Understanding the Lease

Read the lease. Read the lease. Read the

lease. When most people hear the term “lease”

they think of the long sheets of paper written

in very small type that they sign when they

agree to move in and rent an apartment or

house. A lease contains a variety of legal

terms. It is important to recognize and know

the following terms of a lease and to

understand the substance of the agreement.

■ Landlord: The party agreeing to transfer

possession and use of the rental property,

usually the owner (but may also include an

agent or employee of the owner, or a

management company).

■ Tenant: The party taking possession

anduse of the rental property from the

landlord under a lease. A tenant’s right to

possession and use is called a tenancy or

leasehold.

■ Lease (or Rental Agreement): The

contract between the tenant and landlord,

transferring possession and use of the rental

property. (See sample Residential Lease

Agreement, page 32.) A lease can be written or

oral, but a written lease provides the best

protection for both the landlord and the

tenant.

■ Joint and Several Liability: If more than

one person signs the lease as a tenant, the

lease may state that their obligations are “joint

and several.” This means that each person is

responsible not only for his or her individual

obligations, but also for the obligations of all

other tenants. This includes paying rent and

performing all other terms of the lease.

■ Escrow Account: A bank account or

otheraccount held by a third party, generally

established in the name of the tenant, into

which whole or partial rent payments are

deposited to show that the tenant was ready,

willing, and able to pay the rent—but is

withholding the rent until a certain problem

isfixed that the landlord is legally responsible

for fixing. Once the problem is fixed, the

escrowed rent amount will be released to the

landlord.

There are references to statutes, court

rules, Attorney General opinions, and executive

branch agency rules and regulations, both

federal and state, in this book. These are

available from several sources, in libraries and

online, including those that follow. “This

informational booklet is intended only as a

guide – it is not a substitute for the services of

an attorney and is not a substitute for

competent legal advice.”

› The references to Michigan statutes are

to the Michigan Compiled Laws (MCL),

which may be accessed on the

Legislature’s website,

www.legislature.mi.gov.

› The Michigan Court Rules (MCR) may be

accessed on the Michigan Supreme

Court’s website, www.courts.mi.gov.

› Michigan Attorney General opinions may

be accessed at www.mi.gov/ag.

› The Michigan Administrative Code may

be accessed at www.mi.gov/lara.

› The references to federal statutes are to

the United States Code (USC), which may

be accessed at https://uscode.house.gov.

› The Code of Federal Regulations (CFR)

may be accessed at www.ecfr.gov/cgi-bin/

ECFR.

■ Plaintiff: A person who files a civil action

to seek judicial relief for some injury or

damage caused in violation of his or her rights.

■ Defendant: A person against whom relief

or recovery is sought in a civil action.

A. THE TENANCY

Q1 What are the types of tenancies?

While the lease refers to the written (or

oral) agreement, the “tenancy” refers to the

actual property right a tenant receives under

the lease. When the owner conveys to another

lesser interest in the property for a term less

than that of the owner’s for valuable

consideration (generally rent), thereby granting

another use and enjoyment of his or her

property during the period stipulated, that

creates a tenancy. In Michigan, there are

threetypes of tenancies:

■ Fixed-Term Tenancy: This type of tenancy

is created when the lease agreement specifies

when the tenancy begins and when it ends.

Itterminates automatically at the end of the

period specified. Generally, a written lease

provides that if a tenant holds over after the

fixed term expires, the tenancy shall be

considered a month-to-month tenancy. On the

other hand, if the lease does not so provide,

and the parties acquiesce—i.e., the tenant

stays in possession and the landlord accepts

the rent—the lease is considered renewed for

the same fixed term upon the same conditions.

■ Periodic Tenancy OR Tenancy at Will:

This type of tenancy is indefinite in duration. It is

created by actual or implied consent. Usually a

month-to-month tenancy, the lease is considered

renewed at the end of each rental period (month-

to-month or week-to-week, depending upon how

often rent must be paid). Termination procedure

is governed by statute and requires notice.

■ Tenancy at Sufferance OR Holdover

Tenancy: This type of tenancy is created by

operation of law only. A tenant holds

possession after his or her legal right to

possession has ended (oftentimes based on

landlord’s failure to act). The person is just

short of being considered a trespasser. The

elements: (a) the tenant entered into

possession lawfully, (b) the tenant’s legal right

to possession has ended, and (c) the tenant

remains without the landlord’s consent.

Q2 Are there advantages and disadvantages

to the different types of tenancies?

Fixed-Term Tenancy

Advantages. The advantage to the tenant is

that the rental period is fixed and the rental

amount is stable; the landlord may not regain

possession or raise the rent, with few

exceptions. The advantage to the landlord is

that the tenant is committed to pay rent for a

specified period of time; the tenant is bound

by the lease terms, with few exceptions.

Disadvantages. The disadvantage to the

tenant is that he or she is bound by the lease

term and may not simply move without

remaining liable for the rent, permitting fewer

changes in arrangements. The disadvantage to

the landlord is that he or she is stuck with the

tenant until the lease term ends.

Periodic Tenancy OR Tenancy at Will

Advantages. The advantage to the tenant is

that he or she is free from any further

obligation once proper notice of termination is

given to the landlord—different housing

arrangements can be made more quickly. The

same advantage is true for the landlord; he or

she may decide to no longer rent to the tenant

if the same proper notice is given.

Disadvantages. The disadvantage to the

tenant is that the landlord, with proper notice,

can also raise rent. The disadvantage to the

landlord is that he or she is not provided with

any certainty as to how long the tenant will

remain.

B. THE LEASE

Q1 Are there advantages to a written

lease?

Although it is common for tenants to sign

some type of written agreement, a lease is not

always put in writing. Sometimes it is nothing

more than an oral agreement as to the move-in

and move-out dates, the address of the rental

property itself, and the amount of the rent and

when it must be paid. However, if the lease

agreement is for a period of more than one

year, an oral lease is not an option—it must be

put in writing to comply with the Statute of

Frauds (MCL566.106, 566.108, 566.132).

Whether there is a fixed-term tenancy or a

periodic tenancy, it is best to have a written

record of the rental agreement. A written

record is a permanent record that may be used

for reference if misunderstandings arise—and

they do. In the absence of a written lease,

signed by both the landlord and the tenant, it’s

advisable to keep a personal written record of

the agreement.

Q2 What provisions should be included in

the lease?

The Michigan Truth in Renting Act

(MCL554.631 to 554.641) regulates residential

leases, other than very simple leases. The act

does not apply if a lease only includes

1) The identities of the parties;

2) A description of the premises;

3) The rental period;

4) The total rental amount due;

5) The amount of rental payments; and

6) The times at which payments are due

(MCL554.632).

For all other leases to which it applies, the

Truth in Renting Act requires the landlord to

disclose certain information. Leases differ

somewhat in terms, but items that the parties

may wish to include in a written lease

agreement are:

1) Name and signature of the landlord;

2) Name and signature of the tenant;

3) Rent amount to be paid, how frequently,

and when and where it is to be paid;

4) Address of the rental property;

5) Starting and ending dates if it is a fixed-

term tenancy;

6) Landlord’s mailing address (this must be

included);

7) Amount of any security deposit (if there

is a security deposit, 7, 8, and 9 must be

provided in writing somehow, and may

be included in the lease – see “The

Security Deposit”);

8) Name and address of the financial

institution holding the security deposit;

9) Notice of the tenant’s obligation to

provide a forwarding address to the

landlord within 4 days of terminating

the tenancy;

10) Who is responsible for paying utilities;

11) Repair and maintenance responsibilities;

12) Eviction procedures;

13) Any other terms and conditions that

the landlord and tenant agreed to; and

14) This statement must be provided in a

prominent place in the lease, in at least

a 12-point font size:

“NOTICE: 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.”

(MCL554.634).

Q3 What provisions are prohibited by law

from being included in the lease?

For leases to which it applies, the Michigan

Truth in Renting Act prohibits certain clauses

or provisions and prescribes penalties. A

provision or clause in a lease that violates the

Truth in Renting Act is void. In particular,

under MCL554.633, a written lease may not

include a provision that:

1) Waives or alters a remedy available to a

party when the rental property is in a

condition that violates the covenants of

fitness and habitability;

2) Waives a right established under the

laws that regulate security deposits;

3) Unlawfully excludes or discriminates

against a person in violation of the laws

relating to civil rights;

4) Provides for a confession of judgment

and/or warrant of attorney, e.g.,

requiring a person to give up certain

legal rights in advance;

5) Relieves the landlord from liability for

the landlord’s failure to perform a duty

or for negligent performance of a duty

imposed by law (however, the

landlord’s duty could be waived to the

extent a tenant was able to recover

under an insurance policy for loss,

damage, or injury caused by fire or

other casualty);

6) Waives or alters a party’s right to

demand a jury trial or any other right

of notice or procedure required by law;

7) Provides that a party is liable for legal

cost or attorney fees incurred by the

other party in excess of costs or fees

specifically permitted by statute;

8) Provides for the landlord to take a

security interest in any of the tenant’s

personal property to assure payment of

rent or other charges, except as

specifically permitted by statute;

9) Provides that rental payments may be

accelerated if the tenant violates a lease

provision, unless that amount is

determined by the court;

10) Waives or alters a party’s right with

respect to possession or eviction

proceedings;

11) Releases a party from the duty to

mitigate (or minimize) damages;

12) Provides that the landlord may alter a

lease provision after the lease begins

without the tenant’s written consent,

EXCEPT with 30days’ written notice, the

landlord may make the following types

of adjustments, as long as there is a

clause in the lease allowing for the

adjustments:

› 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; and

› Changes in the amount of rental

payments to cover additional costs

incurred by the landlord because of

increases in property taxes, increases

in utilities, and increases in property

insurance premiums.

13) Violates the Consumer Protection Act

(MCL445.901 to 445.922) which lists

multiple unfair trade practices; or

14) Requires the tenant to give the landlord

a power of attorney.

Q4 What if the lease contains a provision

that is prohibited by law or is missing

the required disclosure language?

A provision or clause in a lease that

violates the Truth in Renting Act is void. The

lease is not void—only the prohibited

provision. However, a landlord may fix the

prohibited provision or add the required

disclosure language within 20 days after the

tenant brings the deficiency to the landlord’s

attention in writing (MCL554.635). If the

landlord fails to fix it within the time specified,

the tenant may bring an action to:

1)Void the entire lease agreement and

terminate the tenancy;

2) Make the landlord remove the

prohibited provision from, or change

the provision in, all lease agreements in

which it is included or add a required

provision; and

3) Recover $250 per action (for prohibited

provisions) or $500 per action (for

missing disclosure provisions required

by law), or actual damages, whichever

is greater (MCL554.636).

Note: Two copies of an inventory checklist

must be provided to the tenant when he or

she takes possession of the rental property.

(See sample Inventory Checklist, page 41.)

Q5 What other provisions can be included

in the lease?

As long as a provision or clause does not

violate federal, state, or local laws, regulations,

rules, or ordinances, the parties can agree to

almost anything and include it in the lease. It

can be as trivial as stating, “Only blue cars can

be parked in the driveway.” Some special

provisions to be aware of include:

■ Smoking: A landlord is free to prohibit

smoking in the rental property, as this would

not violate any state, federal, or local laws. See

also “Additional Considerations.”

■ Pet Restrictions: A landlord may prohibit

all pets in a rental unit. A landlord may charge a

fee for having a pet. An exception here is that a

landlord may not prohibit a disabled individual

relying on a service animal from housing the

animal. See also “Additional Considerations.”

Q6 How can a lease be terminated?

Fixed-Term Tenancy

This type of tenancy is created when the

lease agreement specifies when the tenancy

begins and when it ends. Itterminates

automatically at the end of theperiod

specified. A fixed-term lease ends on its own

without further action. However, many leases

include the provision that the lease converts

to a month-to-month tenancy atthe end of the

fixed term. Other leases statea sky-high

increase in rent—sometimes double—if the

tenant stays beyond the fixed term.

Periodic Tenancy OR Tenancy at Will

This type of tenancy is indefinite in

duration. It is created by actual or implied

consent. Usually a month-to-month tenancy, the

lease is considered renewed at the end of each

rental period (month-to-month or week-to-week,

depending on how often rent must be paid).

Termination procedure is governed by statute

and requires notice.

Q7 Are there other termination rights

under the law for those in special

circumstances?

Yes. For example:

■ Senior Citizens or Those Incapable of

Independent Living: Lease agreements

entered into, renewed, or renegotiated after

June 15, 1995, must provide special termination

rights for senior citizens and persons incapable

of independent living. These leases must allow

the tenant who has already occupied a rental

unit for more than 13months to terminate the

lease with 60 days written notice if either of

the following occurs:

1) Tenant becomes eligible to move into a

rental unit in senior-citizen housing

subsidized by a federal, state, or local

government program, OR

2) Tenant becomes incapable of living

independently, as certified by a

physician in a notarized statement.

(MCL554.601a)

■ Domestic Abuse, Sexual Assault, or

Stalking Victims: Michigan law (MCL554.601b)

provides for early termination for tenants or

their children who are victims of domestic

violence, sexual assault, or stalking. The

requirements of this section are quite detailed.

The assistance of a knowledgeable attorney,

sexual assault or domestic violence counselor,

or other similar professional is recommended.

■ Members of the Military: Under federal

law, if you enter active military service after

signing a lease, you have a right to break the

lease (50 USC 3955). This section contains

other provisions that might apply under

extraordinary circumstances.

■ Constructive Eviction: If your living

environment becomes uninhabitable and your

landlord fails to provide suitable housing under

state or local law, a court might determine that

the landlord has “constructively evicted” you by

providing unlivable housing. In such a case you,

the tenant, may have no further responsibility to

pay rent. This is another situation in which the

assistance of a lawyer is highly recommended.

Q8 What does “joint and several liability”

mean?

If more than one person signs the lease as

a tenant, the lease may state that tenants’

obligations are “joint and several.” This means

that each person is responsible not only for

his or her individual obligations but also for

the obligations of all other tenants. This

includes paying rent and performing all other

terms of the lease.

Q9 Can a landlord raise the rent once the

lease has started?

Generally, the landlord may not alter a

lease provision after the lease begins without

the tenant’s written consent. There are, of

course, exceptions to this. With 30 days

written notice, the landlord may make the

following types of adjustments, as long as

there is a clause in the lease allowing for the

adjustments:

1) Changes required by federal, state, or

local law, rule, or regulation;

2) Changes in rules relating to the

property meant to protect health,

safety, and peaceful enjoyment; and

3) Changes in the amount of rental

payments to cover additional costs

incurred by the landlord because of

increases in property taxes, increases

in utilities, and increases in property

insurance premiums.

Security deposits are regulated by what is

commonly referred to as the Landlord and

Tenant Relationship Act (MCL554.601 to

554.616). The security deposit is an amount of

money paid by the tenant to the landlord other

than the first rent payment (for whatever

period is established in the lease: weekly rent

payment, monthly rent payment, semiannual

rent payment, and so on). The security deposit

remains the tenant’s property, but is held by

the landlord for the term of the lease to ensure

that the tenant pays the rent due, pays the

utility bills, and returns the rented property in

proper condition, as required by the lease. It is

held as security as the name implies.

Once the lease is terminated, the tenant

has the right to have the entire security

deposit returned unless the landlord can

substantiate a claim to it because the tenant:

1) Owes unpaid rent;

2) Owes unpaid utility bills; OR

3) Caused damage to the rented property

beyond reasonable wear and tear

(MCL554.607).

Under Michigan law, both a tenant and a

landlord have duties and must perform specific

acts regarding the security deposit.

Understanding the duties and taking action are

crucial. The law requires mandatory notice

provisions, written communications, mailings,

and strict compliance with time limits. If the

duties are not performed precisely, the tenant

risks losing the return of his or her security

deposit and the landlord risks losing a claim to

it. This chapter explains the duties and the

necessary actions that must be taken.

A. COLLECTING THE SECURITY

DEPOSIT AT THE BEGINNING

OF THE TENANCY

Q1 Is there a limit on the amount

that a landlord may collect as a

security deposit?

Yes. The law states that a security deposit

shall not exceed 1.5 times the monthly rent

(MCL554.602).

Q2 What exactly is considered a security

deposit?

Any prepayment of rent—other than for the

first full rental payment period established in

the lease—and any refundable fee or deposit

are considered by law to be part of the

security deposit.

Sometimes the lease requires that both the

first and last months’ rent be paid before a

tenant moves in. If this is the case, the last

month’s rent would be considered a security

deposit. Additional fees or deposits may also

be charged to hold the rental property to run

credit checks, for pets, for cleaning, for keys,

for mailboxes, for storage, and for other

reasons. While these fees or deposits may not

be called “security deposits” in the lease, if

they are otherwise refundable, they are still

considered by law to be part of the security

deposit and subject to the strict rules that

Michigan has adopted—including the limit on

the total amount that a landlord may collect

(MCL554.601).

Q3 Is there a difference between a fee

and a deposit?

Yes. The law defines the term “security

deposit” and limits the amount that may be

collected (not to exceed 1.5 times the monthly

rent). Refundable fees are deemed—by

definition—to be security deposits.

Nonrefundable fees are not; and they can be

assessed in any amount for any reason.

However, sometimes a court will impose a

general concept of “reasonableness” in

determining whether a particular fee amount

may be charged, such as with late rent fees.

The Security Deposit

Example: If a landlord charges $500 a

month for rental property, the maximum

the landlord may collect as a security

deposit is $750 ($500x 1.5 = $750).

Example: The monthly rent is $500 and

the lease calls for a $750 security deposit.

In addition to the security deposit, the

lease calls for a $100 refundable snow

removal fee for “removing snow from any

common area” and a nonrefundable

$250community fee for “costs of landlord-

sponsored social events and common-area

snow removal.” Because the $100 snow

removal fee is refundable, it would be

considered part of the security deposit and

violate Michigan law because the amount

collected for a security deposit would

exceed the 1.5 times monthly rent limit.

The nonrefundable $250 fee violates

Michigan law because it covers a matter

also covered by a refundable fee. If the

Q4 Once collected, what must the landlord

do with the security deposit?

The landlord must either:

1) Deposit the money with a regulated

financial institution (for example, a

bank or credit union), OR

2) Deposit a cash bond or surety bond, to

secure the entire deposit, with the

Secretary of State. (Note: If the landlord

does this, he or she may use the money

at any time, for any purpose.) The bond

ensures that there is money available to

repay the tenant’s security deposit

(MCL554.604).

Q5 Whose money is it anyway?

The security deposit is considered the

lawful property of the tenant, until the landlord

establishes a right to it (MCL554.605).

If the landlord sells the rental property, he

or she remains liable with respect to the

tenant’s security deposit until any ONE of the

following occurs:

1) The landlord returns the deposit to the

tenant, OR

2) The landlord transfers the deposit to

the new owner and sends notice—by

mail—to the tenant informing him or

her of the new owner’s name and

address, OR

3) The new owner deposits the money

with a regulated financial institution or

deposits a bond as discussed in the

answer to Q4 (MCL554.614).

Q6 What rights and responsibilities

does the landlord have with regard

to the tenant’s security deposit?

The landlord must provide the tenant with

certain notices. Within 14 days from the day

the tenant moves in, the landlord must provide

written notice of the following:

1) The landlord’s name and address for

receipt of communications regarding

the tenancy; AND

2) The name and address of the financial

institution where the security deposit is

held, OR the name and address of the

surety company and who filed the bond

with the Secretary of State; AND

3) The tenant’s obligation to provide a

forwarding address—in writing—within

4days after the tenant moves out

(MCL554.603).

Generally these notices are found in the

lease itself.

Q7 What is the point of the inventory

checklist?

The checklist preserves some proof of the

condition of the property when the tenant

moved in. The landlord must provide the

tenant at move-in with 2 identical blank copies

of an inventory checklist, referencing all items

in the rental unit that belong to the landlord.

The landlord must provide written notice on

the first page of the checklist that the tenant

must properly complete the checklist, noting

the condition of the property, and return it to

the landlord within 7 days after moving in,

unless the landlord and tenant agree to a

period of time shorter than 7 days

(MCL554.608). (See sample on page 41)

Note: The tenant may request a copy of the

termination inventory checklist (generally

referred to as the itemized list of damages) for

the previous tenant. If requested, the landlord

must provide a copy to the tenant.

Q8 Is it important to properly complete

the inventory checklist?

Yes. The checklist preserves some proof of

the condition of the property when the tenant

moves in. If the tenant fails to note on the

checklist existing damages, things that do not

work, or things that are missing, or fails to

return it at all, and a dispute over damages to

the property occurs at the end of the lease, it

may be very difficult for the tenant to convince

a court that the property was damaged, did not

work, or was missing when the tenant moved in.

B. RECOVERING THE SECURITY

DEPOSIT AT THE END OF

THE TENANCY

Q1 What must the TENANT do at the end

of the lease?

The tenant MUST provide his or her

forwarding address—in writing—to the

landlord within 4days of moving out. Calling

or telling the landlord, or landlord’s agent,

won’t do. While the landlord must inform a

Note: Take photos or video recordings of

the rental unit, regardless of being a

landlord or tenant.

lease, instead, required a nonrefundable

snow removal fee and a nonrefundable

community fee for “cost of landlord-

sponsored social events,” it would, absent

other contrary or confusing lease terms,

be allowed. Nonrefundable fees in any

amount may be charged as long as the

tenant accepts them by undertaking the

tenancy.

tenant of this at the beginning of the lease, all

too often a tenant may forget to do this when

he or she moves out. Without a forwarding

address, the landlord has no duty to make

arrangements for returning the deposit.

(MCL554.611. Michigan Attorney General

Opinion No. 5160, released January 6, 1978) If

the forwarding address is provided within the

4days, the landlord has 30days from move-

out to respond.

Q2 What must the LANDLORD do at the

end of the lease?

If the landlord receives the tenant’s

forwarding address within 4 days of move-out,

the landlord has 30 days from move-out to

either:

1) Return the entire amount of the deposit

by check or money order, OR

2) Send—by mail—an itemized list of

damages lawfully assessed against the

deposit and a check or money order for

the remaining balance of the deposit (if

any).

The itemized list must also contain the

following 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.” (MCL 554.609, 554.610)

(See example on page49)

Q3 What must the tenant do when he or

she receives the itemized list of

damages?

If the tenant disputes any of the items

onthe itemized list, the tenant MUST

respond—indetail, by mail—within 7 days of

his or her receipt of that list. (MCL 554.612)

“Responding in detail” means giving reasons

why the tenant disputes each item of damage

and the amount assessed against the security

deposit, and why the tenant should not be

responsible. Simply making a blanket statement

that the tenant does not agree will not do; the

tenant must address each item on the list

individually. The tenant’s detailed response

must be sent to the landlord by mail.

Q4 What must the landlord do once he or

she receives notice of the tenant’s

dispute of the itemized list of

damages?

If the tenant disputes all or part of the

itemized list of damages, the landlord is left

with two choices:

1) Negotiate or mediate an agreement in

writing with the tenant; OR

2) Commence an action in court for a

money judgment for damages that he or

she claimed against the tenant’s

security deposit, which the tenant

disputes. (MCL 554.613)

Remember, the security deposit remains

the tenant’s property until the landlord

perfects a claim to it—either by agreement or

by court order. If the landlord and tenant

cannot agree and if the landlord goes to court,

he or she MUST prove that the tenant is

actually responsible for the damages.

Q5 Who must file suit—the landlord or the

tenant—for the security deposit?

Either the landlord or the tenant can be

the plaintiff in a security deposit suit.

The landlord may file suit within 45 days

from termination of occupancy. If both the

tenant and the landlord have followed the

security deposit timeline perfectly and there

still remains a dispute on the amount of

damages assessed against the tenant’s security

deposit, the landlord MUST file suit to retain the

deposit. If the landlord does not file suit, he or

she may be liable to the tenant for double the

amount of the security deposit retained.

(MCL554.613)

The tenant may be required to file suit in

certain circumstances. The burden of filing suit

shifts to the tenant if:

1) The tenant failed to provide his or her

forwarding address in writing within

4days of terminating occupancy; OR

2) The tenant failed to respond—by mail—

to the itemized list of damages within

7days of receiving it; OR

3) The landlord failed to return the

tenant’s deposit after receiving the

tenant’s response disputing the amount

assessed against it.

Q6 If the landlord fails to follow the law

as to a security deposit and has to return

all of it, can the landlord still sue the

tenant?

Yes. It is important for tenants to

understand that these procedures relate to

only a security deposit. What is known as the

“common law” still gives a landlord the right to

sue and recover any unpaid rent or utilities that

the tenant owes, or for damages or more than

usual wear and tear to the premises. It may be

more difficult for the landlord to recover money

from a tenant without the security of a security

deposit, but the landlord’s efforts may make life

unpleasant for the tenant.

C. Security Deposit Timeline

Security Deposit Landlord’s Duties Tenant’s Duties

Beginning of Lease

(generally move-in)

MCL 554.602, 554.604, 554.605,

554.608(2)

A security deposit, if required, shall not

exceed 1.5 times the monthly rent.

Deposit tenant’s security deposit in a

regulated financial institution OR file a

surety bond with the state.

Provide tenant:

1. A copy of the lease, and

2. Two blank copies of the inventory

checklist.

The security deposit is the lawful

property of the tenant.

Recommendation: Read the lease

(preferably before signing it) and all

other information provided to you

by the landlord. Request from the

landlord the inventory checklist and/

or itemized list of damage report

from previous tenancy.

Within 7 days from move-in

(landlord and tenant may agree to

a shorter period, but not a longer

period)

MCL554.608(3)

Recommendation: Keep tenant’s

completed checklist.

Return to landlord the completed

inventory checklist, noting condition

of rental unit (add pages if

necessary); be sure to keep a copy

yourself.

Within 14 days from move-in

MCL554.603

Provide tenant in writing:

1. Landlord’s name and address for

receipt of rent and communications;

and

2. Where tenant’s security deposit will

be held (name and address of the

financial institution or surety bond

company).

3. Include specific statutory notice of

tenant’s duty to provide forwarding

address within 4days of move-out.

Recommendation: Read the

information provided to you by the

landlord.

Move-out

(not necessarily the end of the

lease)

MCL554.608(5)

Complete a termination inventory

checklist, noting condition of rental

unit.

Recommendation: Remove all

personal property, clean the rental

unit, and turn in keys.

Within 4 days after move-out

MCL554.611

Recommendation: Keep a copy of

tenant’s forwarding address.

Provide landlord in writing (not

orally) your forwarding address.

Within 7 days of tenant’s receipt

of landlord’s itemized list of

damages

MCL554.612

Watch for tenant’s response to the

itemized list of damages by mail.

Respond in detail, by ordinary mail,

indicating agreement or

disagreement with the damages

charged.

Be sure to count the days; the date

of mailing is considered the date of

response.

Within 45 days—not thereafter—

of move-out

MCL554.613

To be entitled to keep the disputed

amount of security deposit, file suit

against tenant for damages—unless an

exception applies.

If suit is filed, appear in court and

defend.

Note: If suit is not filed, you may

file suit for recovery of your security

deposit.

Within 30 days after move-out

MCL554.609

Mail to tenant an itemized list of

damages, with proper statutory notice

provision claimed against tenant’s

security deposit accompanied by a

check or money order for the

difference. Only unpaid rent, unpaid

utility bills, and damages to the rental

unit beyond reasonable wear and tear

caused by tenant may be claimed

against the deposit (not cleaning fees).

Recommendation: Watch for the

itemized list of damages in the mail.

Subleasing occurs when a tenant permits

another party to lease the rental property that

the tenant has leased from the landlord. (Note:

Usually, the lease or the landlord must allow

the original tenant to sublease, and most

leases specify that the landlord must approve

of the subtenant.) The tenant, then, assumes

the position of landlord in relation to his or

her subtenant. Subleasing usually occurs

because the tenant has signed a fixed-term

lease and wants—for whatever reason—to get

out of the lease before it expires. Since the

original tenant is bound by the terms of the

lease, he or she cannot simply leave the

property and stop paying rent. To avoid the

financial burden of the unexpired portion of

the lease, the tenant usually tries to find a

subtenant who will assume that burden.

Word of warning: Subleasing is not

without its problems—so put it in writing.

Under a sublease, the original tenant is still

bound by contract to the landlord by the

terms of the lease. If the subtenant stops

paying rent or causes damage to the rental

property, the original tenant—not the

subtenant—must answer to the landlord. Of

course, the original tenant may have a legal

cause of action against the subtenant for a

violation of the sublease.

The following are important terms to

understand:

■ Landlord: The party agreeing to transfer

possession and use of the rental property,

usually the owner.

■ Tenant or Sublessor: The party taking

possession and use of the rental property from

the landlord under a lease contract and then

agreeing to transfer possession and use of the

property to a subtenant.

■ Subtenant or Sublessee: A third party

who takes possession and use of the rental

property from the original tenant, under a

sublease contract. The subtenant contracts

with the original tenant—not the landlord—but

generally with the landlord’s permission.

■ Sublease: The contract between the

original tenant and subtenant, transferring,

again, possession and use of the rental

property. (See sample Sublease, page 37.)

Awritten sublease contract provides the best

protection. Because a sublease can transfer

what is left of the rights given to the tenant in

the original lease, it is important that the

tenant provide the subtenant with a copy of

the original lease.

Q1 Does the landlord have to agree to

the sublease?

Generally, yes. Most leases specify that

subleasing or assigning an interest in the rental

property is not allowed without the landlord’s

consent, OR that subleasing or assigning is not

allowed at all. But if the original lease

agreement is silent, then the tenant need not

seek the landlord’s permission before entering

into a sublease. However, as a practical matter,

the tenant should notify the landlord of the

sublease ahead of time. First check the terms

of the original lease. Then, if permission is

required, check with the landlord.

Q2 If the tenant is to sublease, what

exactly can be subleased?

The tenant can only sublease the rights he

or she has been given in the original lease—no

more. For example, if the tenant has only

threemonths left on a one-year lease, the

tenant can only sublease up to three months.

The same holds true with any restrictions

contained in the original lease—they all apply

to the subtenant and cannot be waived by the

original tenant. On the other hand, the tenant

may decide to sublet less than all of the rights

he or she has been given in the original lease

(e.g., he or she may decide to return to the

rental property).

Q3 What duties does the original tenant

have when subleasing?

Generally, when a tenant subleases, he or

she assumes the position of landlord in

relation to his or her subtenant. Accordingly,

all of the laws that apply to landlords apply to

a tenant who subleases. These duties are

explained in other parts of this book. They

include the following:

1) Complying with the duties to maintain a

habitable rental property and to make

reasonable repairs, when necessary;

2) Complying with the duties to register or

license the rental property under local

ordinance (check with the local housing

office);

3) Complying with the duties imposed

under the security deposit laws and

procedures; and

4) Complying with the eviction laws and

procedures, in the event the original

tenant wants to remove the subtenant

from the rental property.

Subleasing

Repair and maintenance still remain the

ultimate duty of the original landlord. Because

the subtenant, in a sublease, has no

relationship with the original landlord, repair

requests technically must be made by the

original tenant to the landlord. In practice,

however, this may not be the case; many

times, the landlord, in granting the original

tenant permission to sublease, will be aware of

the subtenant’s presence and will respond to

his or her requests.

Q4 What about the security deposit?

Because nothing in the original lease

agreement changes when a tenant subleases to

a subtenant, the original tenant’s security

deposit will remain with the landlord. The

tenant may decide to collect a security deposit

from the subtenant to insure against

nonpayment of rent or utility charges or

damage to the rental property beyond

reasonable wear and tear caused by the

subtenant. Remember that the original tenant

remains responsible to the landlord under the

original lease. The original tenant’s security

deposit could be at stake.

Collecting a security deposit from the

subtenant. If the original tenant decides to

collect a security deposit from the subtenant,

he or she would simply follow all of the normal

steps that any landlord would in collecting a

security deposit. These include being timely in

providing proper notice, placing the security

deposit in a financial institution, providing

inventory checklists, and providing the

itemized list of damages. (See Security Deposit

section, page 7.)

Q5 What if the subtenant stops paying

rent?

Two things may be done to help protect

against this:

1) Require the subtenant to sign a written

sublease agreement that includes the

same language as the original lease

agreement; and

2) Require the subtenant to pay a security

deposit to the original tenant.

If the original tenant permits the subtenant

to pay rent directly to the landlord, the tenant

runs the risk of not knowing if the subtenant is

continuing to meet the rental obligations.

When the subtenant is required to pay rent

directly to the original tenant—and the tenant

pays the usual rent to the landlord—there is

much less risk.

If the subtenant stops paying the rent, the

landlord can hold the original tenant

responsible for missed payments. This amount

can be withheld from the original tenant’s

security deposit, as can charges for unpaid

utility bills and damages beyond reasonable

wear and tear caused by the subtenant. The

landlord’s recourse is with the tenant under

the original lease, not the subtenant. The

tenant’s recourse is with the subtenant, under

the sublease.

For this reason, it is risky to sublease

rental property. Therefore, tenants should take

all necessary precautions to ensure that they

are subleasing to a financially responsible

subtenant (e.g., running a credit check, asking

for a reference from a previous landlord).

Q6 Can the original tenant be released

from the obligations under the lease?

Sometimes, yes. Subleasing can be a

com plicated procedure, particularly if the

tenant is leaving the area for the period of the

sublease. There are two ways that a tenant can

be released from the obligations under the

lease, a situation that differs from a sublease

agreement:

1) By mutual agreement. Though it is

rare, a landlord sometimes allows a

tenant to terminate the lease early.

Therefore, it is a good idea to talk to

your landlord before looking for

someone to sublease. (Note: If the

landlord does allow the tenant to break

the lease, the tenant should be sure to

receive from the landlord a signed

document describing the agreement.)

2) By assignment with a mutual

agreement. The legal differences

between an assignment and a sublease

are somewhat complicated. Generally,

an assignment is created when a tenant

transfers his or her interest in the

premises for the entire term, a sublease

when he or she transfers the interest

for less than the entire term. However,

for an assignment, as for a sublease,

unless the landlord agrees differently,

the original tenant is not relieved of his

or her contractual duties under the

lease. Yet, if the parties reach a mutual

agreement, the original tenant is “cut

out” of the entire lease agreement and

the new person steps into his or her

shoes. Accordingly, the new tenant will

be responsible for all obligations under

the original lease, including rent,

utilities, and damages—the original

tenant will be released of all

obligations. Note: If the landlord does

allow an assignment under these

terms, the tenant should be sure to

receive from the landlord a signed

document describing the assignment

and the release of obligations.

If the landlord wishes to remove a tenant

from his or her rental property, the landlord must

use the eviction process. The process is called a

Summary Proceeding, and it moves quickly to

restore rental property to the person lawfully

entitled to possession.

The process starts with a notice, usually

called a “Notice to Quit” or a “Demand for

Possession” but for simplicity, it can be called an

eviction notice. If the landlord is successful in

proving his or her case, an order of eviction may

be issued and a court officer may remove the

tenant and the tenant’s personal items from the

rental property. It is important to remember that

there are many steps in the eviction process

before the tenant is physically removed—and

most landlords and tenants reach a settlement

before the matter moves that far.

The landlord must never forcibly remove

the tenant (or occupant) himself or herself

(MCL 600.5711). This includes things like

changing locks, turning off utilities, or some other

act or omission that interferes with the tenant’s

right to possess, use, and enjoy the rental

property. This is illegal and punishable by

monetary damages (MCL 600.2918).

A. STARTING THE EVICTION

PROCESS—

BEFORE GOING TO COURT

Q1 What lawful reason(s) must be given

to evict a tenant?

There are ten reasons specified by law that

would allow the landlord to start eviction

proceedings with the notice described above:

1) Nonpayment of rent (MCL600.5714(1)(a));

2) Extensive and continuing physical injury

to property (MCL600.5714(1)(d));

3) Serious and continuing health hazard

(MCL600.5714(1)(d));

4) Illegal drug activity on the premises and a

formal police report filed (a lease

provision must allow for such

termination) (MCL600.5714(1)(b));

5) Physical violence or threat of violence to

another person on the landlord’s property

by a tenant, member of the tenant’s

household, or person under the tenant’s

control, and a formal police report filed

(MCL600.5714(1)(e));

6) Violation of a lease provision and the

lease allows for termination

(MCL600.5714(1)(c)(i));

7) Forceful entry OR peaceful entry, with

forceful stay OR trespass

(MCL600.5714(1)(f));

8) Holding over after natural expiration of

lease term (MCL600.5714(1)(c)(ii));

9) “Just cause” for terminating tenant of

mobile home park (“just cause” is defined

for this purpose by MCL600.5775, see

MCL600.5714(3));

10) “Just cause” for terminating tenant of

government-subsidized housing. (Note:

“Just cause” is defined by statute, see

MCL125.694a and 600.5714(2)).

Q2 If one roommate moves out and stops

paying rent, can the other tenant(s)

be evicted?

It may seem harsh and unfair but yes, the

other tenant(s) who are still paying rent may be

evicted. The landlord is lawfully entitled to

receive the full rent amount. Who ever signs the

lease will be bound by its terms and conditions.

If a “joint-and-several liability” clause is in the

lease, who actually pays what amount is of no

concern to the landlord.

Most leases include a provision that holds all

tenants “jointly and severally liable” for any and

all violations of the lease. This means that each

person is responsible not only for his or her

individual obligations but also for the

obligations of all other tenants. This includes

paying rent and performing all other terms of the

lease. Therefore, if only one tenant stops paying

the rent (or violates any other provision of the

lease agreement), the landlord may choose to

evict any or all of the tenants. In addition, the

landlord may choose to collect the rent or other

money for damages incurred from any or all of

the tenants.

Q3 What is proper notice of eviction and

how important is it?

Proper notice is very important. It is a type

of due process, to safeguard and protect

individual rights provided by law. If the landlord

wishes to remove a tenant from his or her rental

property, the landlord must use the eviction

process—and it begins with proper notice. Before

a court will enter a landlord’s request for an

Order of Eviction, the tenant must have been

given a proper eviction notice (usually a “Notice

to Quit” or “Demand for Possession”).

Many times the rental problem can be fixed

with nothing more than the eviction notice. For

example, if the tenant simply forgot to pay the

rent, the notice may serve as a reminder—and

Eviction Proceedings

once he or she pays the rent, the eviction

process ends.

The eviction notice may take many forms. It

must state that the landlord intends to evict the

tenant, within a specified time (either 24hours or

7 days or 30 days), because of a specified reason

or problem—otherwise, court action will be

taken. The notice may allow the tenant time to

correct the problem (like paying the rent, if

nonpayment of rent is the reason for eviction).

The eviction notice MUST include certain

information or the notice is not proper

(MCL600.5716). While many district courts

provide standard eviction forms, a letter can

accomplish the same as long as it contains all of

the following:

1) Tenant’s name;

2) Address or rental property description;

3) Reason for the eviction;

4) Time to take remedial action;

5) Date; and

6) Landlord’s signature.

Q4 How much notice must be given to

the tenant before the landlord may

file suit?

Each reason for eviction has a specific

amount of time that MUST pass before the

landlord may commence a lawsuit—either

24hours or 7 days or 30 days (MCL 600.5714).

A 24-HOUR NOTICE is required for the

following reason:

Illegal drug activity on the premises and a

formal police report filed (a lease provision must

allow for termination).

A 7-DAY NOTICE is required for the following

reasons:

1) Nonpayment of rent;

2) Extensive and continuing physical injury

to property;

3) Serious and continuing health hazard; OR

4) Injury or threatened injury to another

person.

A 30-DAY NOTICE is required for the

following reasons:

1) Violation of a lease provision and the

lease allows for termination for that

violation;

2) Forceful entry OR peaceful entry, with

forceful stay OR trespass;

3) Holding over after natural expiration of

lease term;

4) “Just cause” for terminating tenant of

mobile home park; OR

5) “Just cause” for terminating tenant of

government-subsidized housing.

Q5 Once the proper notice is prepared,

how must it be delivered to the

tenant?

Once the eviction notice is prepared, it must

be properly delivered to the tenant (MCL600.5718).

The eviction notice MUST be delivered:

1) In person to the tenant; OR

2) At the rental property, to a member of

the tenant’s household—of suitable age—

requesting that it be delivered to the

tenant; OR

3) By first-class mail, addressed to the

tenant; OR

4) By electronic service if the tenant has in

writing specifically consented to

electronic service and if the consent or

confirmation of the consent has been sent

by 1 party and affirmatively replied to, by

electronic transmission, by the other

party. The electronic address used by the

party shall be considered to remain the

correct, functioning electronic service

address unless that party notifies the

other in writing that that party no longer

has an electronic address.

If the notice is delivered personally, the time

of the notice begins to run the next day. Ifthe

notice is mailed, the time begins the next mail

delivery day (not a Sunday or holiday).

The eviction notice is not the same as an

Order of Eviction. A tenant is not required to

move when the eviction notice expires—he or

she may have a valid defense to the landlord’s

reason for eviction. Expiration of the 24-hour or

7- or 30-day time period only enables the

landlord to file a lawsuit.

Remember: Only a court officer may

remove the tenant and the tenant’s personal

items from the rental property—and only under

court order.

B. TAKING THE ACTION TO COURT

Q1 What must the landlord do to begin

a lawsuit for eviction?

If some agreement or understanding cannot

be worked out by the parties, and if the eviction

notice has been properly delivered and the

24-hour or 7- or 30-day time period has passed,

the landlord may commence a lawsuit—known as

a Summary Proceedings action (MCR 4.201). This

section will outline how the landlord may bring

an action, and what the tenant can expect when

being sued.

The Paperwork. The paperwork necessary to

begin a lawsuit includes the following:

1) Summons;

2) Complaint;

3) Copy of the Notice of Eviction (attached

to the Complaint); and

Note: Under MCL600.5716, the demand for

possession or payment must be in writing.

This means that an oral demand for

possession or rent will not be recognized by

the court in Michigan.

4) Lease (attached to the Complaint).

Most district courts will provide the landlord

with preapproved court forms, if requested.

These forms meet all Michigan statutory and

court-rule requirements. However, they must be

properly filled out.

The lawsuit for eviction begins like any other

lawsuit—the plaintiff (the landlord) files the

appropriate paperwork with the court.

Jurisdiction over eviction proceedings is granted

to the district court and the few remaining

municipal courts.

The Complaint tells the court why the

landlord seeks to regain possession of his or her

rental property—much the same as the original

Notice of Eviction. The Complaint MUST include:

1) A description of the rental property;

2) The reason(s) for eviction;

3) A demand for a jury trial (if the landlord

wants a jury);

4) If rent or other money is due, the rental

period and rate, the amount due and

unpaid when the Complaint was filed, and

the date(s) the payments became due;

and

5) Allegations that the landlord has kept the

residential rental property fit for the use

intended and in reasonable repair during

the term of the lease (unless the lease

term is a year or more and the parties

have modified these obligations by

contract).

The following paperwork MUST BE

ATTACHED to the Complaint:

1) A copy of the Notice of Eviction; and

2) The lease (unless the tenancy was

created by an oral agreement).

The Summons MUST accompany the

Complaint, commanding the tenant to appear at

the district court for trial. It MUST also include

information advising the tenant that:

1) The tenant has the right to employ an

attorney;

2) If the tenant does not have an attorney,

but can otherwise afford to retain one, to

contact the State Bar of Michigan or a

local lawyer referral service;

3) If the tenant cannot pay for an attorney,

he or she might qualify for legal-aid

assistance; and

4) The tenant has the right to a jury trial

(the fee must be paid when the demand

is made in the first response—written or

oral).

Proper filing of the paperwork with the

court. The paperwork MUST be properly filed

with the appropriate district court, as only

thiscourt has jurisdiction over eviction

proceedings. A lawsuit for eviction is filed in the

district court in the county where the rental

property is located. Sometimes the district

court’s jurisdiction borders are the same as the

municipal borders, but this is not always the

case. Check with the local court to deter mine the

proper district court for your lawsuit.

Proper delivery of the paperwork to the

tenant. The paperwork MUST be properly

delivered to the tenant, notifying him or her that

legal action has begun (and proof of how and

when they were delivered must be filed with the

court). The Summons and Complaint and a copy

of the original Notice of Eviction and Lease

MUST be properly delivered to the tenant BY

MAIL AND ONE OTHER WAY:

1) Personally; OR

2) By first-class mail—certified, return-

receipt requested, restricted delivery; OR

3) At the rental property, to a member of

the tenant’s household—of suitable age—

requesting that it be delivered to the

tenant; OR

4) After diligent attempts at personal

service, by securely attaching the papers

to the main entrance of the rental

property unit.

Q2 What must the tenant do after

receiving the Complaint?

The lawsuit for eviction is like any other

lawsuit. Once a Complaint is received, the tenant

MUST APPEAR AND ANSWER by the date on the

Summons. The time period is short—generally

3-10 days. At the hearing the tenant must answer

either in person, orally, or by filing a written

response addressing each of the allegations in

the landlord’s Complaint. The tenant’s answer

generally objects to the landlord’s reason(s) for

the eviction and explains why the court should

not evict the tenant from the rental property.

Also at this time, the tenant can state a

counterclaim with the answer and request a jury.

LANDLORD’S CHECKLIST FOR COMMENCING AN EVICTION PROCEEDING

■■ The Notice of Eviction was properly delivered to the tenant and the proper time period, either

24hours or 7 days or 30 days, has passed.

■■ The preapproved court forms—the Complaint and Summons—are properly completed.

■■ Copies of the Notice of Eviction and Lease are attached to the Complaint.

■■ All paperwork is filed with the appropriate district or municipal court.

■■ All paperwork is properly delivered to the tenant.

Note: This delivery method differs slightly

from delivery of the initial Notice of Eviction.

Here, two methods of delivery are required.

Q3 What happens if the tenant fails to

appear and answer after receiving

the Complaint?

If the tenant does not appear at the district

court as commanded in the Summons, a default

judgment—giving possession of the rental

property back to the landlord—will be entered

against the tenant. And 10 days later, at the

landlord’s request, the court will issue an Order

of Eviction and a court officer will physically

remove the tenant and the tenant’s personal

items from the rental property.

Additionally, the court may enter a money

judgment against the tenant. This would allow

the landlord to begin collection proceedings,

which may include garnishment of wages, bank

accounts, and tax refunds. It may also include

execution against the tenant’s personal property,

like his or her automobile. Further, a money

judgment may appear on the tenant’s credit

report, hindering his or her ability to get a loan

or a credit card.

Q4 Once a lawsuit is started, can

the parties still try to negotiate or

mediate an agreement?

Up until trial, the parties may reach an

agreement and settle the case themselves OR

they may decide to resolve their dispute through

mediation.

Community Mediation. Parties can choose to

mediate before or after a lawsuit is filed.

Mediation is an alternative dispute resolution

technique that is voluntary, empowering,

confidential, convenient, effective, and provided

at little or no cost. (See pages 21-22 for the

names, locations, and phone numbers of the

Michigan Community Mediation Centers that can

be contacted for assistance.)

Q5 If the parties reach an agreement,

do they still have to appear in court?

At any time before trial, the landlord and

tenant may decide to work out a compromise. In

fact, most lawsuits for eviction end in

compromise—minutes before trial. The parties

may either:

1) Sign an agreement called a “Consent

Judgment,” putting an end to the case by

consent and by order of the judge; OR

2) Agree to a dismissal subject to some

condition (e.g., tenant paying rent by a

particular day, tenant voluntarily vacating

the rental property by a particular day).

Once the condition is satisfied, the judge

will order the dismissal.

If a Summons has been issued, the tenant

must show up at the court. If an agreement is

reached, the court must be notified. Whether the

landlord and tenant must appear before the judge

to put their agreement on the record is up to the

judge.

Q6 What possible defenses to a lawsuit

for eviction might a tenant have?

If the tenant has exhibited certain lawful

behavior, Michigan law provides the tenant with a

defense that will apply—even if the landlord can

prove any of the ten reasons for a lawful eviction.

There are also other defenses that may apply,

depending on what the reason for the eviction is.

The most common defenses are:

1) A claim of retaliatory eviction. Under

MCL 600.5720, there exists a presumption

of retaliation if the landlord started the

eviction proceedings within 90 days after

the tenant tried to enforce his or her

rights under law (e.g., reporting health

and safety code violations, exercising

rights under the lease, filing a complaint

against the landlord for violation of the

law, or joining in membership in a

tenants’ organization). If the official action

has not resulted in dismissal or denial of

the attempt or complaint, a presumption

in favor of the defense of retaliatory

termination arises, unless the plaintiff

establishes by a preponderance of the

evidence that the termination of tenancy

was not in retaliation for the acts.

Retaliatory eviction is a defense to any

eviction proceeding.

2) Full payment of the rent due. If the

eviction is for nonpayment of rent, after

the complaint was filed, the tenant may

have actually paid the total amount of

rent due.

3) Landlord’s breach of the warranty of

habitability and duty to repair. The

landlord must have been provided with

notice of the problem, generally in

writing, and must have been given a

reasonable amount of time to fix the

problem. If a portion of the rent was

withheld for the purpose of addressing

the maintenance or repair issue(s), it

must have been deposited into an escrow

account. (That portion of rent must

reasonably relate to the cost of repair or

to the damage that the tenant incurred

because of the problem.) The tenant

must show that “but for the repair and

maintenance required, he or she was

ready, willing, and able to pay the

rent.”

Having a defense and being able to prove

it are two different things. If the tenant is

suc cess ful in offering his or her proofs, the

tenant is generally allowed to remain in

possession of the rental property. The Court may

not order eviction if the Court believes that the

Notice to the tenant: Do not fail to appear

and answer!

tenant complied with the law and acted only to

protect his or her rights, even though the

landlord may have had a lawful reason to evict.

Q7 What can the parties expect to see

happen at trial?

If the parties to a lawsuit for eviction cannot

otherwise reach an agreement, they will have to

go to court to have things decided for them.

Judges generally encourage the parties to reach a

settlement; the attorneys who are there on behalf

of the parties also encourage their clients to do

so. If they cannot, the parties then proceed to

trial where the judge (or jury) will decide the

outcome.

At trial, both parties will be given an

opportunity to tell their side to the judge (or

jury). They will be allowed to offer testimony and

show documentation that may persuade the

judge (or jury), by a preponderance of the

evidence (at least 51 percent), to rule in their

favor.

In the courtroom, there is an order to things.

The landlord must first prove that a lawful

reason for eviction exists and that he or she is

entitled to regain possession as owner of the

rental property. The tenant may next offer

evidence that even though there is a lawful

reason, a legal defense exists that protects him

or her from being removed. (See Landlord’s list

of lawful reasons and tenant’s list of defenses,

pages13 and 16, respectively.)

After both parties have had an opportunity to

offer their proofs to the judge (or jury), a

decision will be made either for the landlord (to

regain possession) or for the tenant (to remain in

possession).

Q8 If the landlord wins the lawsuit for

eviction, how soon can the tenant and

his/her personal property be removed?

Even if the landlord wins the lawsuit for

eviction, unless the law provides differently, as

discussed below, the court cannot issue an

Order of Eviction for at least 10 days

(MCL600.5744). This allows time for the tenant

to cure by paying the rent owed, if that was the

reason for eviction. It also allows time to work

out an agreement or file an appeal and pay

appeal fees.

Only after waiting 10 days can the prevailing

landlord request that the judge issue an Order of

Eviction. However even then Michigan law does

not allow the landlord to forcibly remove the

tenant or the tenant’s property. Only an officer of

the court, by a judge’s order, can remove the

tenant and tenant’s property from the rental

property; and that officer is generally the sheriff

or someone from the sheriff’s office. This is

called executing the Order of Eviction.

An Order of Eviction can be issued

immediately under MCL 600.5744(3) under

certain circumstances. Several of these are

unlikely to apply to the typical tenant. Those

that might are:

(a) The premises are government-subsidized

housing and a required certificate or temporary

certificate of compliance has not been issued

and the premises have been ordered vacated.

(b) Entry was made peaceably but

possession is unlawfully held by force.

causing a serious and continuing health hazard

to exist on the premises or is causing extensive

and continuing injury to the premises and is

neglecting or refusing either to deliver up

possession after demand or to substantially

restore or repair the premises.

(d) The eviction is based on illegal drug

activity on the premises.

Q9 Can the tenant be evicted and still

forced to pay money damages to

the landlord?

Yes. In addition to regaining possession of

the rental property, or in very rare cases, even

without ordering return of the premises, the

judge (or jury) may award the landlord a money

judgment for such items as unpaid rent, unpaid

utilities, damages to the rental property beyond

reasonable wear and tear caused by the tenant,

and any other damages incurred because of the

tenant’s violation of the lease agreement.

Avoiding a money judgment is always a good

idea. This is something to consider when thinking

about settling a case, if the landlord has a strong

case – see Q4 and Q5. Will the landlord give up a

claim for money if the premises is returned

peaceably and immediately? Will the landlord

accept less than the full amount asked for if the

payment is in cash right away? Will the landlord

accept a payment schedule? If the option to pay

is still available, the losing party (if financially

able) should remit what is owed. Once a money

judgment is awarded, the prevailing party,

through a lawful collection process, can garnish

wages, garnish bank accounts, and garnish tax

refunds. The prevailing party may also be entitled

to another remedy—executing the money

judgment against personal property (a car, fine

jewelry, collectibles, and the like).

Remember that a lease agreement—whether

written or oral—is a contract, enforceable by

law. Both parties have rights and obligations

under the lease. Simply having the tenant

removed from the rental property may not

provide the landlord with all that he or she is

entitled to receive under the lease.

(See Eviction Timeline, pages 18-19.)

C. Eviction Timeline

Eviction Timeline

Some incident gives rise for eviction.

MCL600.5714

24-HOUR NOTICE is required forthe following reason:

Illegal drug activity and formal police report filed (a

lease provision must allow for termination).

7-DAY NOTICE is required forthe following reasons:

1) Nonpayment of rent;

2) Extensive and continuing physical injury to property;

3) Serious and continuing health hazard;

4) Injury or threatened injury to another person.

30-DAY NOTICE is required forthe following reasons:

1) Violation of a lease provision and the lease allows for

termination;

2) Forceful entry OR peaceful entry, but forceful stay OR

trespass;

3) Holding over after natural expiration of lease term;

4) Just cause for terminating tenant of mobile home

park;

5) Just cause for terminating tenant of government-

subsidized housing.

BEGIN THE LAWSUIT:

After the time period in the notice has expired—either

7days or 30days—if things cannot be worked out:

File with the district court and serve on the tenant a

Summons and Complaint.

MCL600.5735

Landlord’s Duties

Provide proper notice of intent to evict.

MCL600.5716, 600.5718

Forms DC 100a, DC 100c (from the court)

The notice MUST:

1) Be in writing;

2) Be addressed to the tenant;

3) Describe the rental property (address is sufficient);

4) Give reason for eviction;

5) State the time for tenant to take remedial action;

6) Include landlord’s signature; and

7) Include date.

The notice MUST be delivered:

1) In person to the tenant, OR

2) At the rental property, to a member of the tenant’s

household—of suitable age—requesting that it be

delivered to the tenant, OR

3) By sending it through first-class mail addressed to

the tenant.

The Summons. The Summons commands the tenant to

appear at thecourt for trial.

Michigan Court Rule 4.201(C)

Form DC 104 (from the court)

The Complaint. The Complaint gives further notice of

the cause of action, or grounds, for the eviction.

Landlord MUST attach the following:

1) A copy of the Lease; AND

2) A copy of the notice to quit or demand for

possession—stating when and how it was delivered.

Michigan Court Rule 4.201(B)

Forms DC 102a, DC 102c (from the court)

The Summons and Complaint MUST be delivered (and

proof of how and when they were delivered must be

filed with the court) to the tenant BY MAIL AND ONE

OTHER WAY:

1) Personally, OR

2) Sent by mail—certified, return-receipt, restricted

delivery, OR

3) At the rental property, to a member of the tenant’s

household—of suitable age—requesting that it be

delivered to the tenant, OR

4) After diligent attempts at personal service, by

securely attaching the papers to the main entrance of

the rental property unit.

Michigan Court Rule 4.201(D)

Tenant’s Duties

Read the notice. Certain reasons for eviction CAN be

cured (e.g., nonpayment of rent can be cured by paying

the rent). Certain reasons CANNOT be cured and tenant

must move out (e.g., breach of lease, illegal drug

activity), otherwise, you may be sued.

Recommendation: Contact the landlord to peacefully

discuss his or her reasons for eviction. Try to reach an

agreement to remain in the rental property.

The Summons will have a date and time ordering the

tenant to appear in court. As the Summons commands,

you MUST APPEAR at the court for this hearing.

You MUST APPEAR and ANSWER the Complaint by the

date on the Summons. You can do this either in writing

OR orally at the hearing.

NOTE: If you are unfamiliar with this process and need

assistance, please seek competent legal advice and/or

attorney services.

C. Eviction Timeline (continued)

Eviction Timeline

TRIAL: Within 10 days

there will be a trial/

hearing.

Michigan Court Rule

4.201(F)

If either party appears

without an attorney, but

requests to retain one,

the judge will generally

adjourn the trial/

hearing for 7 days.

JUDGMENT: After trial,

the judge will render a

decision either in favor

of the:

1) Landlord (evicting the

tenant), OR

2) Tenant (allowing him

or her to remain in

possession).

A money award may also

be entered for damages

incurred by either party.

Michigan Court Rule

4.201(K)

APPEAL: Within 10 days

after judgment, either

party may appeal the

judge’s decision. The

party appealing the

judge’s decision must

pay an appeal bond,

filing fees, and transcript

fees to preserve the

appeal and stop the Writ

of Eviction from being

issued.

Michigan Court Rule

4.201(N)

EVICTION: After 10

days—a Writ of Eviction

may be requested,

issued, and executed.

MCL600.5744(5);

Michigan Court Rule 4.201(L)

Issuance: Issuance must

occur within 56 days after

judgment is entered and

must be executed no later

than 56 days after the writ is

issued.

Important: Certain

situations may allow

issuance of a Writ of

Eviction immediately.

MCL600.5744(3)

Landlord’s Duties

You have a right to an

attorney; youmay ask

for time to retain one.

Generally, the judge will

adjourn for 7days. You

have a right to a jury

trial; however, you must

demand it in the

Complaint and pay the

jury fee. (The fee starts

at $40 and goes up

depending on the amount

in controversy.)

Provide testimony,

documents, and other

evidence to show that

you are lawfully entitled

to recover possession of

your rental property.

If judgment is for you,

the landlord, it may

include an award for any

money due and for costs.

You may begin

collections on the money

judgment if the tenant

does not otherwise pay

or appeal. You will have

to wait to regain

possession by requesting

a Writ of Eviction.

MCL600.5741

If judgment is for the

tenant, he or she may

remain in possession of

your rental property.

Decide whether to appeal

in the allotted time

frame.

Once the Sheriff executes

the Writ, you regain

possession of your rental

property.

Tenant’s Duties

You must appear and

answer the Complaint.

You have a right to an

attorney; you may ask

for time to retain one.

Generally, the judge will

adjourn for 7 days. You

have a right to a jury

trial; however, you must

demand it in your first

response—written or

oral—and pay the jury

fee. (The fee starts at $40

and goes up depending

on the amount in

controversy.)

Defending landlord’s

claim may require you to

testify and provide

documents and other

evidence of why you

should be entitled to

remain in possession of

the rental property.

If judgment is for you,

the tenant, you may

remain in possession of

the rental property.

MCL600.5747

If judgment is for the

landlord, you must

either:

1) Make full payment (if

the eviction can be

cured by payment),

2) Settle the dispute, OR

3) Move out, OR

4) Appeal the judge’s

decision.

Decide whether to appeal

in the allotted time

frame.

If the reason for the

eviction was

nonpayment of rent, full

payment of the rent, plus

fees and costs awarded,

may stop the issuance of

the Writ of Eviction.

Partial payment will not

stop the issuance of the

Writ.

WARNING: Other reasons

for eviction may NOT be

cured by payment and

you must move out

before the Sheriff

executes the Writ and

moves your items out.

FROM START TO FINISH—

IT CAN TAKE AS FEW AS 21 DAYS OR AS MANY AS 57 DAYS TO EVICT A TENANT

C. Eviction Timeline (continued)

Eviction Timeline

TRIAL: Within 10 days

there will be a trial/

hearing.

Michigan Court Rule

4.201(F)

If either party appears

without an attorney, but

requests to retain one,

the judge will generally

adjourn the trial/

hearing for 7 days.

JUDGMENT: After trial,

the judge will render a

decision either in favor

of the:

1) Landlord (evicting the

tenant), OR

2) Tenant (allowing him

or her to remain in

possession).

A money award may also

be entered for damages

incurred by either party.

Michigan Court Rule

4.201(K)

APPEAL: Within 10 days

after judgment, either

party may appeal the

judge’s decision. The

party appealing the

judge’s decision must

pay an appeal bond,

filing fees, and transcript

fees to preserve the

appeal and stop the Writ

of Eviction from being

issued.

Michigan Court Rule

4.201(N)

EVICTION: After 10

days—a Writ of Eviction

may be requested,

issued, and executed.

MCL600.5744(5);

Michigan Court Rule 4.201(L)

Issuance: Issuance must

occur within 56 days after

judgment is entered and

must be executed no later

than 56 days after the writ is

issued.

Important: Certain

situations may allow

issuance of a Writ of

Eviction immediately.

MCL600.5744(3)

Landlord’s Duties

You have a right to an

attorney; youmay ask

for time to retain one.

Generally, the judge will

adjourn for 7days. You

have a right to a jury

trial; however, you must

demand it in the

Complaint and pay the

jury fee. (The fee starts

at $40 and goes up

depending on the amount

in controversy.)

Provide testimony,

documents, and other

evidence to show that

you are lawfully entitled

to recover possession of

your rental property.

If judgment is for you,

the landlord, it may

include an award for any

money due and for costs.

You may begin

collections on the money

judgment if the tenant

does not otherwise pay

or appeal. You will have

to wait to regain

possession by requesting

a Writ of Eviction.

MCL600.5741

If judgment is for the

tenant, he or she may

remain in possession of

your rental property.

Decide whether to appeal

in the allotted time

frame.

Once the Sheriff executes

the Writ, you regain

possession of your rental

property.

Tenant’s Duties

You must appear and

answer the Complaint.

You have a right to an

attorney; you may ask

for time to retain one.

Generally, the judge will

adjourn for 7 days. You

have a right to a jury

trial; however, you must

demand it in your first

response—written or

oral—and pay the jury

fee. (The fee starts at $40

and goes up depending

on the amount in

controversy.)

Defending landlord’s

claim may require you to

testify and provide

documents and other

evidence of why you

should be entitled to

remain in possession of

the rental property.

If judgment is for you,

the tenant, you may

remain in possession of

the rental property.

MCL600.5747

If judgment is for the

landlord, you must

either:

1) Make full payment (if

the eviction can be

cured by payment),

2) Settle the dispute, OR

3) Move out, OR

4) Appeal the judge’s

decision.

Decide whether to appeal

in the allotted time

frame.

If the reason for the

eviction was

nonpayment of rent, full

payment of the rent, plus

fees and costs awarded,

may stop the issuance of

the Writ of Eviction.

Partial payment will not

stop the issuance of the

Writ.

WARNING: Other reasons

for eviction may NOT be

cured by payment and

you must move out

before the Sheriff

executes the Writ and

moves your items out.

FROM START TO FINISH—

IT CAN TAKE AS FEW AS 21 DAYS OR AS MANY AS 57 DAYS TO EVICT A TENANT

Parties in a dispute can choose to

mediatebefore or after a lawsuit is filed.

Mediation is an alternative dispute resolution

technique that is voluntary, empowering,

confidential, convenient, effective, and

provided at little or no cost. There are

mediation centers throughout Michigan

thatcan be called for assistance.

Mediation is:

■ A process that helps people to resolve

disputes. Trained mediators facilitate a

communication process that assists

people in reaching mutually satisfactory

agreements.

■ An alternative to destructive

confrontation, ineffective avoidance,

costly litigation, and violence.

■ An opportunity for people in conflict to

use their own problem-solving skills, to

take responsibility, and to find solutions

that best meet their needs.

■ Designed to preserve individual interests

while strengthening relationships

between individuals and groups.

■ An opportunity to learn a successful

method for resolving conflicts that can

serve as a model for constructively

resolving future conflicts.

Mediation

THE

MEDIATION

PROCESS

1) Any person or organization may initiate

mediation.

2) A trained professional will talk with you

to determine if your situation is

appropriate for mediation. If it is, you

will be asked for basic information about

yourself and the other person(s)

involved.

3) With your permission, the mediation

center will contact the other person(s)

involved to encourage them to

participate in a mediation session.

4) If both parties agree, the mediation

center will schedule a mediation session

at a time and place convenient for all.

5) At the mediation session, trained

mediators will listen to all sides of the

dispute. Each party will get a chance to

explain, uninterrupted, their point of

view. The mediator will encourage

communication from all sides to uncover

facts, identify issues, and explore

possible solutions.

6) When the parties reach a solution, their

agreement will be put in writing by the

mediator. It is then a legally enforceable

document.

BERRIEN, Branch, Cass, St. Joseph,

Van Buren

Citizens Mediation Service, Inc.

811 Ship Street, Suite 302

St. Joseph, MI 49085

Phone: (269) 982-7898

Fax: (269) 982-7899

Website: www.citizensmediation.org

CHARLEVOIX, Emmet

Citizen Dispute Resolution Service, Inc.

Northern Community Mediation

2202 Mitchell Park Dr., Unit 4

Petoskey, MI 49770

Phone: (231) 487-1771

Fax: (231) 487-1770

Website: www.northernmediation.org

CHIPPEWA, Luce, Mackinac

Eastern UP Dispute Resolution Center, Inc.

P.O. Box 505

Sault Sainte Marie, MI 49783

Phone: (906) 253-9841

Fax: (888) 664-6402

Website: https://eupmediate.org/

DELTA, Baraga, Dickinson, Gogebic, Houghton,

Iron, Keweenaw, Menominee, Ontonagon,

Schoolcraft

Resolution Services Program

UPCAP Services, Inc.

P.O. Box 606

Escanaba, MI 49829

Phone: (906) 786-4701

Fax: (906) 786-5853

Website: www.upcap.org

GENESEE, Arenac, Bay, Clare, Gladwin,

Midland, Ogemaw, Roscommon, Saginaw

Community Resolution Center

315 East Court Street, Suite 200

Flint, MI 48502

Phone: (989) 799-5949

Website: www.mediation-crc.org

GRAND TRAVERSE, Antrim, Benzie, Leelanau,

Missaukee, Wexford

Conflict Resolution Services, Inc.

3143 Logan Valley Rd.

Traverse City, MI 49684

Phone: (231) 941-5835

Fax: (231) 941-4530

Website: www.CRSmediationTC.org

INGHAM, Clinton, Eaton, Gratiot, Isabella,

Shiawassee

Resolution Services Center of Central Michigan

516 South Creyts Road, Suite A

Lansing, MI 48917

Phone: (517) 485-2274

Fax: (517) 485-1183

Website: www.rsccm.org

JACKSON, Hillsdale, Lenawee, Monroe

Southeastern Dispute Resolution Services

211 W. Ganson Street, Suite 105

Jackson, MI 49204

Phone: (517) 990-0279

KALAMAZOO, Barry, Calhoun

Dispute Resolution Services

Gryphon Place

3245 South 8th Street

Kalamazoo, MI 49008

Phone: (269) 381-1510

Website: www.gryphon.org

KENT, Ionia, Lake, Mecosta, Montcalm,

Newaygo, Osceola

Dispute Resolution Center of West Michigan

678 Front Avenue, NW, Suite 250

Grand Rapids, MI 49504-5368

Phone: (616) 774-0121

Fax: (616) 774-0323

Website: www.drcwm.org

MICHIGAN’S COMMUNITY DISPUTE RESOLUTION PROGRAM

Mediation centers provide conciliation, mediation, and other forms of dispute resolution under

Michigan’s Community Dispute Resolution Act. For more information, visit courts.mi.gov, call

1-800-8-RESOLVE (1-800-873-7658) or contact your county district or circuit court.

MACOMB, Huron, Lapeer, Sanilac, St. Clair,

Tuscola

The Resolution Center

176 South Main Street, Suite 2

Mt. Clemens, MI 48043

Phone: (586) 469-4714

Website: www.theresolutioncenter.com

MARQUETTE, Alger

Marquette-Alger Resolution Service

914 W. Baraga Ave.

Marquette, MI 49855

Phone: (906) 226-8600

Website: www.marsmediation.org

MUSKEGON, Manistee, Mason, Oceana

Mediation & Restorative Services

27 East Clay Avenue

Muskegon, MI 49442

Phone: (231) 727-6001

Website: www.mediatewestmichigan.com

OAKLAND

Oakland Mediation Center, Inc.

550 Hulet Drive, Suite 102

Bloomfield Hills, MI 48302

Phone: (248) 338-4280

Fax: (248) 338-0480

Website: www.mediation-omc.org

OTSEGO, Alcona, Alpena, Cheboygan,

Crawford, Iosco, Kalkaska, Montmorency,

Oscoda, Presque Isle

Community Mediation Services

114 East Main Street, Suite 1

Gaylord, MI 49735

Phone: (989) 732-1576

Fax: (989) 705-1337

Website: www.mimediation.com

OTTAWA, Allegan

Mediation Services

Center for Dispute Resolution

291 W. Lakewood Blvd., Suite 9

Holland, MI 49423

Phone: (616) 399-1600

Fax: (616) 399-1090

Website: www.mediationservices.works

WASHTENAW, Livingston

Dispute Resolution Centers of Michigan, Inc.

The Dispute Resolution Center

4133 Washtenaw Avenue, Suite B125

Ann Arbor, MI 48108

Phone: (734) 794-2125

(517) 546-6007

E-Mail: thedrc@ewashtenaw.org

Website: www.thedisputeresolutioncenter.org

WAYNE

Wayne Mediation Center

835 Mason Street, Suite C

Dearborn, MI 48124

Phone: (313) 561-3500

Website: www.mediation-wayne.org

Please Note: Organizations listed on pages 21 and 22 are gathered from several court and government

authority lists and may not represent all community dispute resolution programs available in your

area. These organizations may charge fees for their services.

If you feel an individual or a business has

treated you unfairly and you believe they owe

you money, there is something you can do

about it. If your community has a mediation

program, you and the person with whom you

are having a dispute can try to work the

problem out with the help of a neutral

mediator. If you cannot resolve your problem

informally through mediation, you may be able

to file a lawsuit in small claims court.

Q1 What is a small claims lawsuit?

In the small claims division of the district

court, you can bring a lawsuit against anyone

who owes you money. Small claims courts are

designed to operate informally and without

attorneys present. If you feel you need an

attorney to represent you, the matter must be

filed in district court. In small claims court

you represent yourself, speaking directly to the

judge or attorney magistrate. You also provide

your own evidence and present witnesses you

wish to speak on your behalf. Simply tell the

judge why you feel owed money. The person or

business you are suing will also have the

opportunity to tell their side of the case. After

hearing both sides, the judge will decide

whether money is owed to either party and if

so, how much.

When deciding whether to file a claim,

consider whether the person you are suing

has any income. Even if the judge grants you a

judgment, if the person you sued has no

income, it will be difficult for you to collect

any money. You might want to check this out

before you invest your time and money in filing

a claim.

Q2 Why not try mediation before starting

a lawsuit?

Filing a lawsuit in court should be used as

a last resort. Make sure you have discussed

your problem with the person or business you

are thinking about suing. In many cases, people

and businesses do not know that someone has

a dispute with them until they receive court

papers. If talking the problem over does not

work, consider using mediation instead of

going to court.

Mediation is discussed in the previous

section. Mediation is fast, either free or low

cost, and effective in resolving many disputes

including landlord/ tenant, consumer/merchant,

and neighborhood disputes. In most cases, a

mediation meeting can be set up within

10 days, and 90 percent of all cases that agree

to use a mediation service result in agreements

acceptable to all sides. If you can work out

your dispute in mediation, you may not need

to go to court.

Q3 How does a small claims lawsuit begin?

If you cannot resolve your dispute through

mediation, you can file a claim against the

person or business in the small claims division

of district court. To start the case, you (the

plaintiff) must file an Affidavit and Claim form

in the city or county where the transaction in

dispute took place, or where the person or

business you are suing is located. If you are

suing more than one person or business, the

suit may be filed in the district court in which

any of the persons live or where any of the

businesses operate.

At court, tell the clerk you want to file a

small claims case. You will be given an

Affidavit and Claim form to fill out. Some forms

may be available online to fill out, print off and

bring to court to file. On the form, list the

name of the person or business you are suing,

the reasons why you are suing and the amount

for which you are suing.

There is a cost for filing a small claim,

which may include postage and service fees;

you will need to contact the court for this

information. Be sure to bring this amount with

you when you file your claim. The amount can

Small Claims Court

Note: This court has a limited claim dollar

amount. See MCL 600.8401.

be made a part of the judgment if the judge

decides in your favor.

After you have filed your affidavit and

claim, the court will notify the other party that

you have filed a claim against them and the

date they are to be in court. The defendant

may respond before the hearing.

The defendant may offer to settle out of

court after learning you have filed a suit. If you

settle the matter out of court, you can either

voluntarily dismiss your lawsuit or obtain a

judgment. If you want an enforceable judgment,

the terms of your agreement must be spelled

out in writing and signed by both you and the

defendant. A copy of the agreement must be

filed with the court.

Q4 What happens when you are sued in

small claims court?

If you are served with court papers from

the small claims division court of the district

court, you are called the defendant. You have

several ways to respond to the affidavit and

claim.

If you want to deny the claim, you must

either answer the complaint before the hearing

date or appear in court on the hearing date,

bringing with you any evidence you have to

support your denial. If you want an attorney to

represent you, tell the court before the

hearing; the case will be transferred from small

claims court to the regular district court.

If you have a claim against the person who

is suing you, you can also file a counterclaim.

Your written counterclaim should be filed with

the court and served by first-class mail to the

person suing you.

If you fail to appear for the hearing, the

court may enter a default judgment against

you. This means the judge may grant a

judgment for the plaintiff without hearing your

response to the complaint.

The entry of a judgment may appear on

your credit report.

Q5 How do I prepare for the hearing?

On the hearing date, any of the following

may happen:

1) If both the person filing the lawsuit and

the defendant appear, the judge may

recommend that the parties go to

mediation and the case may be

adjourned. If either party does not want

to attempt mediation, the hearing will

proceed.

2) If the plaintiff does not appear, and the

defendant does appear, the case may be

dismissed.

3) If the defendant does not appear, the

plaintiff may ask for a “default”

judgment. This means that, if the judge

decides the plaintiff has a good claim,

the plaintiff can obtain a judgment

without a hearing because the

defendant did not appear to challenge

the claim.

When you go to court for a hearing, take

with you all the evidence you believe proves

your claim. This might include a sales receipt,

guarantee, lease, contract, or accident report.

If a damaged article is too big to bring with

you, photographs can be presented as

evidence. Any witnesses you would like to

speak on your behalf should appear in court as

well.

Remember, a judge or attorney magistrate

will hear a small claims case; you have no

right to a jury trial, and the hearing will not be

recorded.

Either party has the right to ask that the

case be heard in the general civil division of

the district court. If you want to have the case

moved to the general civil division of the

district court, you can complete the Demand

for Removal (form DC 86). Bring the form to

the court before or on the day of the hearing.

You must file the form with the court clerk.

The court will notify the person filing the

lawsuit if the defendant makes such a request.

In the general civil division of the district

court, both the plaintiff and the defendant

have the right to be represented by an

attorney. Whoever loses the case may be

ordered to pay court costs and attorney fees.

Q6 What happens at the small claims

court hearing?

The hearing will usually take place at the

court where you filed your claim. It is

important to be there on time; if you filed the

lawsuit and are not in court when your case is

called, the case may be dismissed. If you are

the defendant and are not in court when your

case is called, a default judgment may be

entered against you. Bring all of your relevant

papers or other evidence and make sure your

witnesses will be on time.

The court clerk will call your case and

both parties will appear before the judge or

magistrate. The judge or attorney magistrate

will ask the plaintiff to state his or her claim.

When the plaintiff has finished, the defendant

will have an opportunity to explain his or her

side of the case. Each party should listen

carefully. If either party thinks someone is

leaving something out or misstating facts, they

should be sure to tell the judge or attorney

magistrate. Both parties should take their time

and tell what happened in their own words and

why they think the order should be ruled in

their favor. The plaintiff will be seeking the

relief requested in the claim, while the

defendant may ask the court to grant the relief

requested, grant some other form of relief, or

dismiss the claim altogether. Each party may

present evidence to support his or her

argument. Witnesses will be allowed to tell the

court about facts they know that support the

evidence.

A judge’s decision in the small claims

division is final. Neither party can appeal to a

higher court once the judge has made a

decision in the small claims division although,

on petition by either party, the same judge

may reopen the case. If the case is heard by

an attorney magistrate, either party may

appeal the decision. The case would be

rescheduled before a district judge and both

parties would explain their case again. The

court prepares a Small Claims Judgment after

the hearing. The court will also give or send

the judgment to both parties.

Q7 If I win, how do I collect my money?

If you obtain a judgment against the

defendant, the court will provide instructions

regarding postjudgment collections. The

defendant may pay the judgment plus court

costs immediately after the hearing, but if he

or she does not have the money to pay right

away, the judge may allow a reasonable time to

pay and may set up a payment schedule. If the

defendant fails to pay the judgment when

ordered, you must go back to the court and

file additional papers to collect on the

judgment by having their wages or bank

account garnished or property seized. This

cannot occur until 21 days after the judgment

is entered. As part of the judgment, the

defendant must provide information to the

court that can be used in postjudgment

collection efforts.

Repair and maintenance problems range

from things that are merely annoying to things

that pose an immediate threat to health and

safety.

There are three types of maintenance

problems:

1) Emergencies require action within

24hours and pose an immediate

threatto the health and safety of the

occupant(s)—gas leak, flooding,

defective furnace, major roof damage;

2) Major problems affect the quality of

the residential environment, but not to

the degree that the life of the

occupant(s) is immediately

endangered—defective water heater,

clogged drain, heating problem in part

of a house; and

3) Minor problems fall into the nuisance

category—defective lighting or locks;

dripping faucets; household pests;

peeling paint and wallpaper.

A. RESPONSIBILITIES ARE

SHARED WHEN MAINTAINING

A RENTAL PROPERTY

Q1 What are the landlord’s

responsibilities?

Under Michigan statute, the landlord has a

duty to keep the rental property and all

common areas:

1) Fit for the use intended by the parties;

2) In reasonable repair during the term of

the lease; and

3) In compliance with the health and

safety laws (MCL554.139).

Whether the landlord is required to

repair a problem depends on two factors: the

nature of the problem itself and whether the

landlord’s duty to repair has been modified—

either by the tenant’s conduct or by mutual

agreement.

Unfortunately, the term “reasonable repair”

is not defined by law—it is a question of fact

and if litigated, would be decided by the judge

(or jury). While it would certainly be

reasonable for a landlord to fix a clogged drain

or defective water heater, it may not be

reasonable to require the landlord to repair a

minor chip in a countertop or peeling

wallpaper.

The landlord is relieved of the

duty to repair and comply if the

tenant’s willful or irresponsible

conduct or lack of conduct has

caused the disrepair or violation of

health or safety laws.

The landlord and the tenant

may—by mutual agreement—modify

these duties and make the tenant

responsible for repairs, but only if

the lease agreement has a current

term of at least one year. In other

words, if the lease term is less than

one year, the landlord’s duty cannot

be modified.

Repair and Maintenance

Note: Both the landlord and the tenant have

some responsibility for maintenance.

Additionally, almost all courts recognize

that implied in a residential lease agreement is

the understanding that the rental property

must be fit for habitation by humans. This

means that the rental property must meet

some minimum level of standard so as not to

expose the occupants to unreasonable health

risks. This implied duty cannot be modified or

waived.

In addition to state law requirements,

counties and municipalities are free to enact

ordinances that require landlords to maintain

rental property above minimum habitability

standards and additional requirements. Most

municipalities have a housing code protecting

the health, safety, and welfare of their citizens.

Some require that the rental property be

inspected on a regular basis. Some even

require licensing before a tenant can move in.

Check with the local city or county

government code enforcement office for

additional standards imposed on landlords in

maintaining their rental property.

Q2 What are the tenant’s responsibilities?

Although responsibilities can be modified

in certain instances—by mutual agreement

between the landlord and tenant—a tenant is

generally expected to:

1) Pay rent on time;

2) Keep the rental property in a safe and

sanitary condition;

3) Promptly notify the landlord of

maintenance problems;

4) Exterminate insects that appear if they

were not there when the tenant moved

in; and

5) Leave the rental property in good

condition—reasonable wear and tear

excepted.

B. IMPORTANT STEPS TO TAKE IN

SOLVING THE PROBLEM(S)

Depending on the problem, requesting that

a repair be made could be as simple as a quick

phone call or as complicated as filing a lawsuit.

Outlined next are the recommended steps to

take to solve a repair and maintenance

problem:

STEP 1: Notify the landlord and provide

reasonable time for repair.

Keep it simple. The tenant must notify the

landlord and explain the situation, the importance

of the repair, and when he or she would like it

done. A phone call usually works. However, the

phone call should be followed up with a letter

to ensure that documentation exists.

Sometimes, however, the landlord requires that

a specific form or repair order be filled out

before proceeding. Read the lease and talk to

whoever is in charge and figure out the best

course to take. Keep copies of communications

and keep notes of discussions. Municipalities

have enacted housing codes—establishing

minimum standards—to protect the rights of

both the landlord and the tenant. Contact the

local city hall for information.

STEP 2: Contact the building inspector and

schedule an inspection.

In some municipalities, if the rental

property is up to municipal code standards,

the tenant will be responsible for paying the

inspector’s fee. If it is not up to code, the

landlord pays the fee (and may also have to

pay a reinspection fee once the repair is

made). Call the local inspector’s office to find

out how much the fee will be.

STEP 3: If the landlord has failed to make

necessary repairs, either withhold the rent

and deposit it into an escrow account OR

pay for the repair and deduct the cost

from the rent.

■ What’s An Escrow Account: A bank

account or other account held by a third party,

generally established in the name of the

tenant, into which whole or partial rent

payments are deposited to show that the

tenant was ready, willing, and able to pay the

rent, but is withholding the rent until a certain

problem is fixed that the landlord is legally

responsible for fixing. Once the problem is

taken care of, the escrowed rent amount will

be released to the landlord.

› If the rent, or a portion of it, will be

withheld for the purpose of addressing the

maintenance or repair issue(s), the tenant

should send a letter—certified mail, return

Note: The landlord must have been

provided with notice of the problem first

and must have been given a reasonable

amount of time to fix the problem.

Note: The landlord must be given reasonable

time to make repairs.

receipt requested—stating why the rent will

be withheld, where it will be deposited

(name of financial institution), and that

payment will be released when the

maintenance or repair problem(s) have been

corrected.

› If the repair cost will be deducted from the

rent, call for three repair estimates. If it is a

do-it-yourself job, shop and compare the cost

of parts. Most reputable repair companies

will provide a free written estimate. Send

copies of the estimates to the landlord and

state that the problem will be fixed (unless

the landlord agrees to do it by a certain

date) and that the cost of repair will be paid

from the rent withheld. Keep all receipts and

note the dates of repair; send copies to the

landlord, along with the remaining portion of

the rent.

Q1 How much rent should be withheld?

The amount of rent withheld must

reasonably relate to the cost of fixing the

problem or to the amount of damage the

tenant has incurred because of the landlord’s

failure to fix the problem. Withhold less for a

clogged drain. Withhold more for an unusable

toilet or shower. Only the most catastrophic

problems will warrant withholding ALL of the

rent. In any event, the amount withheld must

be deposited into an escrow account.

Q2 What if the tenant lawfully withholds

rent and the landlord starts the

eviction process?

If the landlord has a run-in with the

municipal code enforcement office OR if the

landlord does not receive the rent, he or she

may well decide to start the process for

evicting the tenant. Nevertheless, Michigan law

provides the tenant—who was acting lawfully—

with certain defenses. The tenant, however,

must be able to prove the facts giving rise to

the defense:

1) A claim of retaliatory eviction. Under

MCL600.5720, there exists a

presumption of retaliation if the

landlord started the eviction

proceedings within 90days of the

tenant trying to enforce his or her

rights under law (e.g., reporting health

and safety code violations, exercising

rights under the lease, filing a

complaint against the landlord for a

violation of the law or joining in

membership in a tenant’s organization).

If the official action has not resulted in

dismissal or denial of the attempt or

complaint, a presumption in favor of

the defense of retaliatory termination

arises, unless the plaintiff establishes

by a preponderance of the evidence

that the termination of tenancy was

not in retaliation for the acts.

2) The landlord’s breach of the warranty

of habitability and duty to repair. The

tenant must show that the landlord was

provided with notice of the problem

and given a reasonable amount of time

to fix the problem. The tenant must

show that the landlord failed to make

the necessary repairs.

3) Rent was properly withheld and

escrowed. The tenant must be able to

show that “but for the repair and

maintenance required, he or she was

ready, willing, and able to pay the

rent.”

The eviction process takes time—from start

to finish, it takes as few as 21 days or as many

as 57 days to evict a tenant. In the meantime,

the landlord has mortgages, taxes, and bills to

pay. Financial pressure may cause the landlord

to negotiate. If the landlord will not negotiate,

and if the tenant has carefully documented all

communications about the needed repair and

maintenance, the tenant may well succeed in

the lawsuit for eviction.

Both the landlord and the tenant should

remember, in many disputes, the basic issues

become obscured by personal disagreements

that develop and continue to grow and fester.

If an agreement cannot be reached, try

mediation—either before a lawsuit is filed or

after. Mediation might help to empower the

parties to use their own problem-solving skills,

take responsibility, and find solutions that best

meet their needs, while strengthening the

landlord-tenant relationship.

Note: The repair-and-deduct method may

work well for small repairs. It may NOT

work for large repairs.

Civil Rights

The Federal Fair Housing Act (generally, 45

USC 3601 to 3619) and the Michigan Elliott-

Larsen Civil Rights Act (MCL 37.2101 to

37.2804) prohibit discrimination in housing

throughout the State of Michigan on the basis

of race, color, religion, national origin, sex,

familial status (presence of children under the

age of 18 or pregnancy), disability, marital

status, and age. In some communities, local fair

housing ordinances protect against housing

discrimination on additional basis such as

source of income, sexual orientation, gender

identity, educational association, and/or

political orientation. For further information

regarding the classes of persons protected by

federal, state, or local fair housing laws or to

discrimination, contact your local Fair Housing

Center, the Michigan Department of Civil

Rights, or the U.S. Department of Housing and

Urban Development.

Housing Codes, Smoke Detectors

Some communities have adopted housing

codes or other specific requirements that may

affect the condition or equipment requirements

of residential rental property. These include

the requirement that smoke detectors be

installed in housing or that residents comply

with recycling ordinances. Be sure to check

with the local unit of government to see if the

rental property is affected.

Pet Restrictions

Landlords can include a provision in the

lease that restricts tenants from maintaining

pets in a rental unit or impose a pet fee. A

landlord cannot discriminate against a person

who maintains a guide, hearing, service, and/or

companion animal (The Fair Housing Act, 42

USC 3604(f)(3)(B), 24 CFR 100.204).

Additionally, service and companion animals

are not considered to be pets, and should not

be subject to pet fees or overly restrictive

animal policies.

The courts have permitted the eviction of

tenants who violate a lease provision

prohibiting tenants from maintaining pets in a

rental unit.

Smoking

A landlord can restrict tenants who smoke

to certain apartments or buildings or can

refuse to rent to smokers. In Michigan Attorney

General Opinion No. 6719, released May 4,

1992, the Attorney General stated “neither

state nor federal law prohibits a privately-

owned apartment complex from renting only to

non-smokers or, in the alternative, restricting

smokers to certain buildings within an

apartment complex.” Michigan’s laws relating

to smoking in food establishments (MCL

333.12901 to 333.12902) and other public

places (MCL 333.12601 to 333.12616) do not

apply to rental apartments or buildings.

However, some communities have attempted to

adopt ordinances to impose stricter rules on

smoking. Check with your municipality to

determine whether they have any such

ordinances.

Lead-Based Paint

Since the latter part of 1996, landlords

must provide tenants who are renting units

built before 1978 with certain information

concerning lead-based paints. This information

includes a federal government pamphlet

entitled:

■ Protect Your Family From Lead

inYour Home

and a form entitled:

■ Disclosure of Information on Lead-

Based Paint and/or Lead-Based Paint

Hazards (Rentals)

There are exceptions to this federal

requirement, including commercial rentals,

zero-bedroom efficiency apartments, and rental

units certified as lead-free by a qualified lead

abatement inspector.

Additional Considerations

A Renovate Right pamphlet is required

when renovation activities or activities that

disturb painted surfaces containing lead are

conducted within rental properties (40 CFR

745.84, and Michigan Administrative Code R

325.99409, Michigan Lead Hazard Control Rules).

The renovator is required to comply with the

regulations. It is important to contact lead

inspectors/risk assessors in your area in order

to determine whether landlords are required to

undertake ongoing lead testing.

For information, contact the National

Lead Information Center Clearinghouse

at 1-800-424-LEAD[5323] or at

www2.epa.gov/lead/forms.

Medical Marijuana

Tenants that have legally obtained a

medical license for marijuana are encouraged

to notify their landlord if they intend to smoke

marijuana in or on their rental property.

Additionally, tenants should consult with their

prospective landlords if they intend to grow

marijuana for medical use. If contained in a

written lease, landlords do have the right to

prohibit the tenant from smoking marijuana or

growing marijuana on the landlord’s premises,

even if the tenant has a valid medical license

(MCL 333.26427(c)(3)).

Bed Bugs

While current state law does not address

bed bugs directly, there are a number of tools

available to tenants with bed bug concerns. As

discussed under Repair and Maintenance, a

landowner has a statutory obligation under

MCL 554.139 to repair defects about which he

or she knows or should have known, but does

not have a duty to regularly inspect the

premises to search for defects. As such, a

tenant who believes that bed bugs are present

must notify the landlord that they believe a

problem exists.

Note: In Detroit, ongoing lead risk

assessments are required every 2-3 years

for landlords to maintain their eligibility to

rent homes to tenants. Additional

information can be found at the Michigan

Department of Health and Human Services,

www.michigan.gov/mdhhs.

Note: For additional assistance on landlord/tenant special circumstances and

considerations, please seek attorney services and/or competent legal advice.

Appendices

Sample Residential Lease Agreement ........................................ 32

Sample Residential Sublease Agreement .................................... 37

Sample Roommate Agreement ................................................ 38

Sample Lead-Based Paint Disclosure Form .................................. 40

Sample Inventory Checklist .................................................... 41

Samples of Tenant’s Letters to Landlord .................................. 43

Samples of Landlord’s Letters to Tenant .................................. 48

Court Forms Prepared by the Michigan State Court

Administrative Office ......................................................... 50

The Sample Documents are the product of the MSU College of Law

Housing Law Clinic. Additional information is available from

MSU College of Law Housing Law Clinic

(517) 336-8088, Option 2 [email protected] www.law.msu.edu/clinics/rhc

Official Court Forms: Michigan State Court Administrative Office

courts.mi.gov/scao

Sample Residential Lease Agreement (page 1 of 5)

(1) ______ (2) ______ (3) ______ (4) ______ (Each tenant must initial.) MSU LAW © Page 1 of 5 Pages

RESIDENTIAL-LEASE AGREEMENT

NOTICE:

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.

We Agree That

_______________________________________________________________,

(Landlord’s Name(s))

Leases To

(1)________________________________________________

(Tenant’s Name)

(2)________________________________________________

(Tenant’s Name)

(3)________________________________________________

(Tenant’s Name)

(4)________________________________________________

(Tenant’s Name)

The Following Premises To Be Used For Private Residential Purposes Only

____________________________________________________________________________________

(Street Address, City, State, and Zip Code)

For A Term

Beginning ____________ ____, 20____, and

Ending ____________ ____, 20____.

Month-To-Month

Beginning ____________ ____, 20____.

(a) JOINT AND SEVERAL TENANCY: If more than one person signs this lease as a Tenant, their obligations

are joint and several. This means that each person is responsible not only for his or her individual

obligations, but also for the obligations of all other Tenants. This includes paying rent and performing all

other terms of this lease. A judgment entered against one or more Tenant(s) does not bar an action against the

others. Each Tenant must initial this paragraph: (1) ____, (2) ____, (3) ____, (4) ____.

(b) RENT: Tenant must pay Landlord, as rent for the entire term, a total of $___________, being $_________

each month, beginning ____________ ____, 20____, and the same amount on or before the 1

business day of

each succeeding month. Rent must be paid to the Landlord at the following address:

_____________________________________________________________________________________

(Street Address, Apartment, City, State, and Zip Code)

NOTICE:

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 an attorney or other qualied person.

Sample Residential Lease Agreement (page 2 of 5)

(1) ______ (2) ______ (3) ______ (4) ______ (Each tenant must initial.) MSU LAW © Page 2 of 5 Pages

The discount is meant to encourage prompt payment of rent. Late rent may subject the Tenant to eviction

proceedings and liability for damages.

(d) SECURITY DEPOSIT: Tenant must pay Landlord $_______ on ____________ ____, 20____, which

Landlord holds as a security deposit for Tenant’s performance of all the terms of this lease. The security

deposit must be deposited at the following financial institution and may be mingled with the security deposits

of Landlord’s other tenants:

_____________________________________________________________________________________

(Name of Financial Institution, Street Address, City, State, and Zip Code)

NOTICE:

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.

(e) NONREFUNDABLE CLEANING FEE: Tenant must pay a nonrefundable cleaning fee of $________ at the

beginning of the lease term.

(f) OCCUPANCY: Only the persons who sign this lease may reside at the premises. If more than ______ persons

occupy the premises, the Landlord may terminate this tenancy or assess additional rent of $_________ each month for

each additional person. Occupancy must not exceed the number mandated by local ordinance. This premises is

licensed for ____ persons. Tenant may accommodate guests for reasonable periods (up to 2 weeks); other

arrangements require Landlord’s consent.

Note: If the premises is located in the city of East Lansing, the occupancy limit must be displayed on the license and

posted in the premises. The city may fine violators $500 a day for over-occupancy.

(g) SLEEPING ROOMS: Basements, attics, and other rooms must not be used as sleeping rooms if they do not

comply with the local ordinance for windows, minimum square footage, exits, and ventilation. This is meant to

protect Tenant’s health and safety. The following areas may not be used as sleeping rooms:

__________________, __________________, __________________, __________________.

Note: The city of East Lansing may fine violators $500 or they may be sentenced up to 90 days in jail..

(h) KEYS/LOCKS: Tenant will receive ____ keys from the Landlord. On or before the termination of this lease,

Tenant must return all keys or Tenant will be charged $_________ for changing the locks. If Tenant loses the

keys or gets locked out of the premises, Landlord will provide an extra key to Tenant and may charge Tenant

$_________. Tenant must never gain entrance to the premises by force through a window or door, or

otherwise without a key. Tenant must not change or add locks without Landlord’s written consent.

(i) UNAUTHORIZED USE OF MAILING ADDRESS: Only a Tenant may use the mailing address of the

premises. Allowing someone else to use the mailing address will increase the monthly rent $_________.

(j) CONDITION OF PREMISES AT THE BEGINNING OF TENANT’S OCCUPANCY: Tenant

acknowledges receipt of two blank copies of an inventory checklist. Tenant must complete both checklists

and return one to the Landlord within 7 days after Tenant takes possession of the premises. Except for

those items specifically noted by the Tenant in detail on the inventory checklist, Tenant accepts the premises,

and the appliances and furnishings, in good condition. The inventory checklist is used only to assess damages

and is not a warranty or promise by Landlord that any item listed on the checklist, but not present on the

premises, will be provided.

(k) APPLIANCES AND OTHER FURNISHINGS PROVIDED: Tenant must not remove or loan any item

provided with the premises. Landlord will provide the following checked items:

’’ Stove ’’ _________________________ ’’ _________________________