Landlord-Tenant
Frequently Asked Questions
Q: If a landlord and a tenant have not signed a written lease, what are their rights and obligations?
A: In the state of Michigan, oral leases are recognized and enforceable. The tenant has the right to occupy the premises and the landlord has the right to collect rent. Because there is no document setting forth the specific terms of the lease, the lease is considered to be month-to-month and does not have any conditions other than the amount of rent, space to be occupied, and the tenant's right to occupy that space. It is usually a good idea for both the landlord and the tenant to put their agreement in writing to avoid the issues that can arise when the only lease is oral.
Q: How can a landlord or a tenant terminate a month-to-month lease?
A: Either party to a month-to-month lease may terminate it by giving notice (usually in writing) to the other party. The time of the notice must be at least as long as one rental period, usually one month.
Q: If something breaks in the rental premises, is the landlord required to fix it?
A: It depends. Unless the lease specifically releases the landlord (and the courts do not look favorably on such releases in residential leases), the landlord must keep the premises in a habitable condition and in a state of reasonable repair. This generally means that the landlord must fix issues that would prevent the premises from being a fit place to live. The lease may require the tenant to do some maintenance, such as mowing the lawn or painting the walls, but issues with the premises are usually the landlord's responsibility. However, damage to the tenant's belongings is the tenant's responsibility. It is a good idea for tenants to purchase rental insurance to cover their belongings in case there is a catastrophe. Rental insurance is fairly inexpensive and readily available from most insurance agents.