Michigan Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)
What Michigan law says about the clauses that matter most in a residential lease. Data as of 2026-10-22.
Security deposits
- Max
- 1.5 months' rent (554.602). The deposit must be kept in a regulated financial institution, or the landlord must instead post a cash or surety bond with the Secretary of State covering all deposits (554.604). Before it may require a deposit, the landlord must give the tenant a written notice, within 14 days after the tenant takes possession, of the landlord's name and address, the name and address of the financial institution or surety, and the tenant's duty to give a forwarding address within 4 days after moving out, with that warning in bold 12-point type (554.603). The landlord must give the tenant two blank copies of a move-in inventory checklist and a termination checklist is required at move-out; the tenant has 7 days after getting possession to return the move-in checklist (554.608). The deposit may be used only for actual damage beyond normal use, unpaid rent, rent due for early termination, and unpaid tenant utility bills (554.607).
- Return deadline days
- 30 days
- Itemization required
- Yes
- Interest required
- No. The Michigan act does not require interest on the deposit.
Source: MCL 554.602, 554.603, 554.604, 554.607, 554.608, 554.609, 554.610, 554.611, 554.612, 554.613
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Late fees
- Rule
- No Michigan statute found that caps or limits residential late fees or sets a grace period. Check the lease. Since September 21, 2026, a lease that allows more than one way to pay rent must include at least one method with no added charge or fee, and may not charge an extra fee on all allowed payment methods (554.633(1)(o), added by 2026 PA 103).
Source: MCL 554.633(1)(o)
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Landlord entry
- Notice
- No Michigan statute found that sets a notice period or hours for landlord entry. Unlawful interference with a tenant's possession includes use of force, changing locks without providing keys, or removing doors, windows or locks, but a landlord's temporary interference needed for repairs or inspection 'as provided by law' is not unlawful. Check the lease. A tenant who is wrongfully excluded can recover actual damages or $200 per occurrence, whichever is greater (600.2918(2), (3)(b)).
Source: MCL 600.2918
Ending a month-to-month tenancy
- Tenant
- A month-to-month tenancy (an estate at will) can be ended by either party with 1 month's notice. If rent is payable at intervals shorter than 3 months, notice equal to the interval between rent payments is enough. The notice does not need to match the rental period dates, and it ends the tenancy at the end of a period equal to the payment interval (554.134(1)). A year-to-year tenancy ends 1 year after service of a notice to quit given at any time (554.134(3)).
- Landlord
- Same 1-month notice rule applies to the landlord (554.134(1)). For unpaid rent the landlord may give a 7-day notice to quit, and may begin summary proceedings if the tenant does not pay or leave within 7 days of a written demand (554.134(2); 600.5714(1)(a)). A 24-hour notice is allowed for drug-related lease terminations when a police report was filed (554.134(4); 600.5714(1)(b)), and a 7-day notice after a tenant or household member caused or threatened physical injury (600.5714(1)(e)). A landlord may not use force, lock-outs or utility shut-offs to remove a tenant: the tenant can recover the greater of actual damages or $200 per occurrence, or 3 times actual damages or $200 for forcible ejection (600.2918(1), (2)). Landlords of 5 or more rental units may not deny or end a tenancy based on source of income (554.601c). A tenant who has lived in the unit more than 13 months can end a lease with 60 days' written notice on becoming eligible for subsidized senior citizen housing or being certified by a physician as unable to live independently, if the rental agreement so provides (554.601a). A tenant with a reasonable apprehension of danger from domestic violence, sexual assault or stalking can be released from rent obligation by certified-mail notice with documentation (554.601b).
Source: MCL 554.134, 600.5714, 600.2918, 554.601a, 554.601b, 554.601c
Rent increases
- Rule
- No Michigan statute found that requires advance notice of a rent increase for a month-to-month tenancy. A landlord cannot change a lease term mid-lease without the tenant's written consent, except that a lease may allow changes on at least 30 days' written notice for legal requirements, safety rules, or rent increases covering higher property taxes, electricity/heat/water/sewer charges, or liability, fire or workers' compensation insurance premiums (554.633(1)(l)). A termination or rent increase made as a penalty for asserting legal rights is a defense to eviction (600.5720(1)(a), (e)).
- Statewide rent control
- No statewide rent control. Local governments may not enact, maintain or enforce rent control on private residential property (123.411(2)); they may adopt voluntary incentives to increase affordable housing supply (123.411(4)).
Repairs & habitability
- Rule
- In every lease or license of residential premises the landlord covenants that the premises and all common areas are fit for their intended use, to keep them in reasonable repair during the term, and to comply with applicable state and local health and safety laws, unless the problem was caused by the tenant's wilful or irresponsible conduct. The parties may modify these duties only if the lease has a current term of at least 1 year. The covenants are liberally construed (554.139). A lease may not waive or alter the tenant's remedies when the premises violate these covenants (554.633(1)(a)). Under the Housing Law, where a city's enforcing agency withholds or suspends a certificate of compliance, rent is suspended and paid into an escrow account (125.530). A statutory repair-and-deduct right was not found in the statutes checked. A tenant may leave an untenantable building destroyed or injured without their fault and owes no rent after surrender, unless the lease expressly says otherwise in writing (554.201).
Retaliation
- Rule
- A court may not enter a judgment for possession if the termination was intended primarily as a penalty for the tenant's attempt to secure or enforce rights under the lease or law, for a complaint to a government authority about health or safety code violations, or as retribution for a lawful act arising out of the tenancy, including tenant organization membership. If the tenant shows they took official action (through a court or government agency) within 90 days before the eviction case began and it was not dismissed or denied, a presumption of retaliation arises that the landlord must rebut by a preponderance of the evidence. If the action was more than 90 days earlier or ended against the tenant, the presumption is against the tenant (600.5720(2)). The statute is framed as a defense to a possession judgment, not a general ban on retaliation.
Source: MCL 600.5720(1), (2)
Clauses often unenforceable in Michigan
- Waiving or altering the tenant's remedies when the premises violate the fitness and habitability covenants (554.633(1)(a))
- Waiving any right under the security deposit act (554.633(1)(b), 554.606)
- Discrimination barred by the Elliott-Larsen Civil Rights Act or the Persons with Disabilities Civil Rights Act (554.633(1)(c)); source-of-income discrimination by landlords of 5 or more units (554.601c)
- Confession of judgment (554.633(1)(d))
- Exculpating the landlord from liability for its failure to perform, or negligent performance of, a legal duty (554.633(1)(e)), except insured fire or casualty loss waivers
- Waiving a jury trial or notice/procedure rights in court (554.633(1)(f))
- Making a party liable for attorney's fees or legal costs beyond those the statute allows (554.633(1)(g))
- A landlord security interest in the tenant's personal property for rent (554.633(1)(h))
- Rent acceleration on breach unless the lease also says the tenant may not owe the full amount because the landlord must mitigate and a court can decide the amount (554.633(1)(i))
- Waiving eviction or possession procedures under MCL 600.2918 or chapter 57 of the revised judicature act (554.633(1)(j))
- Releasing a party from the duty to mitigate damages (554.633(1)(k))
- Letting the landlord change lease terms mid-lease without written consent, except the 30-day-notice adjustments listed in 554.633(1)(l)
- Anything violating the Michigan Consumer Protection Act (554.633(1)(m))
- Requiring the tenant to give a power of attorney (554.633(1)(n))
- Charging an added fee on every rent payment method the lease allows; at least one method must be free (554.633(1)(o), eff. Sept. 21, 2026)
- Any clause already barred by statute or a published Michigan/US Supreme Court decision at least 90 days before signing (554.633(2)); void clauses are unenforceable (554.633(3))
Notes
Deposit steps: landlord mails an itemized damages list within 30 days after occupancy ends, with the refund of the difference (554.609); if the landlord misses the 30 days, it is treated as agreeing no damages are due and must return the full deposit immediately (554.610). The tenant must give a forwarding address in writing within 4 days after moving out, otherwise the landlord need not send the itemized list, though the tenant can still claim the deposit later (554.611, 554.603). The tenant must respond by mail within 7 days after receiving the list, stating agreement or disagreement, or forfeits the claimed amount (554.612, 554.609). The landlord must sue within 45 days after occupancy ends or return the balance, and cannot keep deposit money for damages without a court judgment unless the tenant gave no forwarding address, did not respond, they agreed in writing, or the claim is entirely unpaid rent for the time the tenant held possession (554.613(1)). Failing to comply fully waives all claimed damages and makes the landlord liable for double the deposit retained (554.613(2)). Since Sept. 21, 2026 (2026 PA 102, SB 22) the refund may be sent by direct deposit or electronic transfer to a bank, internet or mobile payment account instead of a check or money order, within 10 days after mailing the damages notice (554.609(3)). Truth in Renting: leases must name the landlord's notice address and carry a 12-point 'NOTICE: Michigan law establishes rights and obligations...' statement (554.634). A landlord can cure a violation by written notice within 20 days after the tenant's written complaint (554.635, 554.636). Tenant remedies: void the lease and end tenancy, damages of $250 or actual damages (prohibited clause), or $500 or actual damages (clearly prohibited clause or missing required statement) (554.636). Sources: legislature.mi.gov via Internet Archive snapshots (Jun 2025 to May 2026; 554.636 current through PA 9 of 2026), plus enrolled 2026 SB 22 (2026 PA 102 per press) and SB 373 (2026 PA 103) text. Live legislature.mi.gov blocks this server.
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Common lease red flags, explained
- Non-refundable security deposits
- Late fees
- Landlord entry without notice
- “Tenant pays all repairs” clauses
- Automatic renewal clauses
- Rent increase clauses
- Waivers of tenant rights
- Move-out cleaning & carpet fees
- Notice to move out
- “Landlord not liable” & other void clauses
- Security deposit earns no interest
- Pet deposits, pet fees & pet rent
- “As is” condition clauses
- No grace period & daily late fees
General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.