by Sarath K.K

Created on: November 27, 2011   Last Updated: November 28, 2011

There are some tenant and landlord laws that exist in Michigan with the aim of guarding the occupants and landowners.  There are a number of rights for the renters. At the same time a selection of laws protect the rights of the lessors. A peculiar feature of tenant-landlord laws in Michigan is that it gives the landlord the right to terminate an agreement before the end of its period. Act 348 of 1972 outlines the major laws regarding tenant-landlord relationships in the state of Michigan. It includes all provisions, responsibilities and liabilities of the landlords and the tenants.

Conditions of lease termination

According to Section 554.601a, a tenant can terminate a lease provided he/she has presented a notice to the landlord at least 60 days in advance. This law is only applicable if the tenant has stayed in the dwelling for more than 13 months and if one of the following occurs:

1.The tenant is unable to live independently due to medical conditions
2. The tenant becomes qualified to own a funded rental property.

Indemnity

A security deposit is cash, beyond a month’s rent, that one will have to pay to the landowner when a rental agreement is signed.  A guaranteed amount can be placed for each rental agreement. Even though the landlord has the right to decide the security deposit, the amount cannot be more than 1 ½ months’ rent.

Damages

If any damages occur due to the acts of the tenants, an itemized list shall be presented to him/her by the landlord. This should be done in a period of 30 days after the occupancy is terminated.

Defaulting

In case a tenant defaults his/her payment for more than 7 days, the landlord can start the eviction procedures. In such a case, the rental agreement is automatically terminated.

Constructive eviction

This form of eviction is initiated by the tenant. According to the law, the dwelling has to be maintained in a habitable condition by the landlord. The dwelling should also have access to basic facilities like running water, heating systems, electrical systems etc. Other damages should also be taken care of by the landowner. A notice has to be sent to the landlord regarding the repairs in the facility. If the repairs are not taken care of immediately, another notice has to be sent by the tenant. Later, if the landlord tries to claim in court that the renter is not paying his/her rent, the renter can use a constructive eviction defense.

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