Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 11
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39week-to-week, depending on how often rent
written notice, the landlord may make the
must be paid). The termination procedure
following types of adjustments, as long as
is governed by statute and requires
there is a clause in the lease allowing for the
notice.
adjustments:
• Changes required by federal, state, or
Additionally, there are special
local law, rule, or regulation;
termination rights for senior citizens or
• Changes in rules relating to the property
persons incapable of independent living.
meant to protect health, safety, and
Q7 What are the termination rights for
peaceful enjoyment; and
senior citizens or persons incapable of
• Changes in the amount of rental
independent living?
payments to cover additional costs
incurred by the landlord because of
Lease agreements entered into, renewed,
increases in property taxes, increases in
or renegotiated after June 15, 1995, must
utilities, and increases in property
provide special termination rights for senior
insurance premiums.
citizens and persons incapable of
independent living. These leases must allow
the tenant who has already occupied a rental
The Security Deposit
unit for more than 13 months to terminate
The security deposit is an amount of
the lease with 60 days written notice if either
of the following occurs:
money paid by the tenant to the landlord
other than the first rent payment (for
1. Tenant becomes eligible to move into a
whatever period is established in the lease:
rental unit in senior-citizen housing
weekly rent payment, monthly rent payment,
subsidized by a federal, state, or local
semiannual rent payment, and so on). The
government program, OR
security deposit remains the tenant’s
2. Tenant becomes incapable of living
property, but is held by the landlord for the
independently, as certified by a
term of the lease to ensure that the tenant
physician in a notarized statement.
pays the rent due, pays the utility bills, and
[MCL 554.601a.]
returns the rented property in proper
Q8 What does “joint and several liability”
condition, as required by the lease. It is held
mean?
as security as the name implies.
If more than one person signs the lease
Once the lease is terminated, the tenant
as a tenant, the lease may state that their
has the right to have the entire security
obligations are “joint and several.” This
deposit returned unless the landlord can
means that each person is responsible not
substantiate a claim to it because the tenant:
only for his or her individual obligations, but
1. Owes unpaid rent;
also for the obligations of all other tenants.
2. Owes unpaid utility bills; or
This includes paying rent and performing all
3. Caused damage to the rented
other terms of the lease.
property beyond reasonable wear and
Q9 Can a landlord raise the rent once the
tear.
lease has started?
Under Michigan law, both a tenant and a
Generally, the landlord may not alter a
landlord have duties and must perform
lease provision after the lease begins without
specific acts regarding the security deposit.
the tenant’s written consent. There are, of
Understanding the duties and taking action
course, exceptions to this. With 30 days
are crucial. The law requires mandatory
T e n a n t s a n d L a n d l o r d s R e s o u r c e G u i d e
Page 9
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