In Michigan, is the landlord liable for failure to keep the building and premises habitable?

Full question:

My wife and I’ll be shifting to Michigan in a couple of months, along with our children aged 5 and 9 years. I’m concerned about the lease agreement which I may have to enter in Michigan. I would like to know whether the landlord in Michigan has a duty to keep the home and premises livable?

Answer:

A landlord in Michigan is duty bound to keep the rental property “fit for the use intended by the parties in reasonable repair during the term of the lease”, and to comply with the health and safety laws (MCL 554.139). This provision applies also to the common areas included in the lease. However, a landlord’s duty to repair may be modified by mutual agreement, if the lease term exceeds one year. But, it must be kept in mind that Michigan law recognizes an implied duty on the landlord to avoid exposure of the occupants to unreasonable health risks. This implied duty is not subject to waiver or modification.
 
Further, if you plan to take out a pre-1978 house on rent, the landlord is bound to provide a pamphlet titled “Protect Your Family from Lead in Your Home”, approved by EPA (US Environmental Protection Agency). This obligation arises under Section 1018 of Title X, a federal statute.
 
Also, check the housing code for your municipality for additional protections. 
 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Michigan, a lease is valid if it includes essential elements like the names of the parties, a description of the rental property, the rental amount, and the lease term. Both parties must agree to the terms, and it should be signed by the landlord and tenant. Additionally, leases must comply with state laws, including those regarding habitability and disclosures, such as lead paint information for homes built before 1978. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*