Can I Sue My Landlord in Michigan?
Yes — in many situations. These are the main claims Michigan tenants bring, what the law lets you recover, and where to file. Each rule links to the statute or official source. Most claims under the small claims limit can be filed without a lawyer.
Before you sue
- Write down what happened, with dates, and keep photos, texts, emails and receipts.
- Send your landlord a written demand (templates below) and give a reasonable deadline.
- Check the deadline to sue and the court's dollar limit (below).
- If the amount is over the small claims limit, or you are facing eviction, talk to a lawyer or legal aid first.
Your security deposit wasn't returned
| Penalty for withholding | Double the amount of the deposit retained, and the landlord waives all claimed damages, if the landlord fails to comply fully with MCL 554.613 Generally the landlord may not keep any disputed part of the deposit without first obtaining a money judgment (or filing proof of inability to serve the tenant), except where the tenant gave no forwarding address, did not respond to the notice of damages, agreed in writing, or the claim is solely for unpaid rent for a period the tenant had possession (MCL 554.613(1)). Source: MCL 554.613(2); MCL 554.610 |
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| Deposit return deadline | 30 days after the tenant's occupancy ends: landlord must mail an itemized notice of damages with the balance, or return the full deposit. If the landlord wants to keep any disputed amount it must sue within 45 days after termination of occupancy. Tenant must give a written forwarding address within 4 days after moving out; if not, landlord is relieved of the notice-of-damages duty but the tenant's claim to the deposit is preserved (MCL 554.611). Failure to send the notice within 30 days is treated as the landlord's agreement that no damages are due, and the full deposit must be remitted immediately (MCL 554.610). NEW: 2026 PA 102 (SB 22 of 2025, immediate effect Sept. 21, 2026) amended MCL 554.609 to let the landlord send the balance by direct deposit/electronic transfer to a bank account or internet/mobile payment account or app instead of a check or money order; the electronic deposit must be made within 10 days after mailing the notice of damages. |
Free Michigan security deposit demand letter
You were locked out or your utilities were cut off
| Lockouts & utility shutoffs | Self-help eviction is prohibited. Landlord may not use force or threats, remove/retain/destroy the tenant's property, change locks without immediately providing keys, board up, remove doors/windows/locks, interrupt essential services (heat, running water, hot water, electric, gas) amounting to constructive eviction, or introduce noise/odor/nuisance. Tenant may recover actual damages or $200, whichever is greater, for each occurrence, plus possession; unlawful forcible ejection allows 3 times actual damages or $200, whichever is greater. Exceptions: acts under court order; temporary interference for needed repairs/inspection; good-faith belief after diligent inquiry that the tenant abandoned with current rent unpaid; a detailed deceased-tenant procedure (10-day notice, 18 days after death). Rights cannot be waived. Tenant may recover possession via summary proceedings under MCL 600.5714(1)(f) or seek an injunction in circuit court; possession action must be commenced within 90 days and damages action within 1 year. Last amended 2019 PA 41. Source: MCL 600.2918(1)-(2) |
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Your landlord retaliated after you complained
| Landlord retaliation | Defense to eviction: no judgment for possession if termination was intended primarily as a penalty for the tenant's attempt to enforce lease or legal rights, complaint to a government authority about a health/safety code violation, or other lawful tenancy-related act (including joining a tenant organization), or if the landlord added lease obligations as such a penalty. Presumption of retaliation if the tenant's protected action through a court or government agency occurred within 90 days before the eviction case began and was not dismissed/denied. Within the 90-day window the landlord must prove by a preponderance that the termination was not retaliatory; if the protected act was more than 90 days before filing (or was decided against the tenant), the presumption runs the other way and the tenant bears the burden. Michigan's statute is a defense in summary proceedings rather than a separate damages remedy. |
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Your landlord won't make repairs
| Repair and deduct | Allowed under common law (no statute): after reasonable (preferably written) notice to the landlord, a tenant may make necessary repairs and deduct the cost from rent; keep all receipts. Practical Guide Q26 lists 'Making the repairs themselves and deducting the cost of the repairs from the rent' as a tenant option. Michigan Legal Help (https://michiganlegalhelp.org/resources/housing/tenant-rights-and-responsibilities) also describes it. MCL 554.139 (https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-554-139) itself does not set out remedies. Pending: SB 19-21 of 2025 (would address tenant repair rights) were on the Senate's order of third reading as of 6/17/2025 with no further action shown; not law. |
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| Withholding rent | Allowed under common law (no statute): tenant may withhold rent (ideally paid into a separate escrow account, with written notice to the landlord) when the landlord breaches the duty to repair. Landlord breach and escrowed rent are statutory defenses to a nonpayment eviction. MCL 600.5720(1)(f): no judgment for possession for nonpayment if the landlord breached a lease provision that excuses rent; (1)(g): rent paid into escrow, under court order, or to a receiver. Michigan Legal Help warns escrow may prompt the landlord to file an eviction case and the tenant must be ready to prove the repairs were necessary. If trial is delayed more than 7 days after the first hearing, the court can order rent paid into escrow (Michigan Legal Help, Going to Court). Practical Guide Q26: https://www.legislature.mi.gov/publications/tenantlandlord.pdf |
| Mold | No statute — Michigan has no mold disclosure or remediation law. Every residential lease includes statutory covenants that the premises and common areas are fit for their intended use, that the landlord will keep the premises in reasonable repair, and that the landlord will comply with state and local health and safety laws. The exception is disrepair caused by the tenant's willful or irresponsible conduct. Where the Housing Law of Michigan applies, the owner must keep the roof from leaking and drain rainwater so as to avoid dampness in walls and ceilings. An occupant can sue for damages and injunctive relief if unsafe or unsanitary conditions go unabated after notice. MCL 125.471: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-125-471. The Housing Law applies in cities, villages and townships of 10,000 or more people, but not to single- and two-family homes in places under 100,000 unless locally adopted (MCL 125.401). The § 554.139 covenants may be modified only in leases with a current term of at least 1 year. |
| Pests & bed bugs | No statute — no state law specifically assigns pest or bed bug treatment or requires disclosure. Infestations fall under the landlord's statutory covenants of fitness and reasonable repair and the duty to comply with health and safety laws, unless the tenant's willful or irresponsible conduct caused the problem. Local housing codes often set specific extermination duties. Where the Housing Law of Michigan applies, occupants can sue the owner over unabated unsanitary conditions after notice (MCL 125.536): https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-125-536. Source: MCL 554.139(1) |
| Heat | No statewide minimum indoor temperature or heating season was found in state statute. Where the Housing Law of Michigan applies, the owner must keep heating, plumbing, ventilation and wiring in good repair. More generally, the landlord's covenants of fitness, reasonable repair and compliance with health and safety laws apply to heating the landlord supplies. Many cities set minimum temperatures in local housing codes. Housing Law coverage depends on municipal population (MCL 125.401): https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-125-401. Source: MCL 125.471; MCL 554.139(1) |
Free Michigan repair request letter to landlord
Your landlord entered without notice or invaded your privacy
| Landlord entry notice | No statute — no Michigan statute sets a notice period or rules for landlord entry; entry is governed by the lease. The anti-lockout statute allows only a temporary interruption of possession for necessary repairs or inspection 'as provided by law' (MCL 600.2918(3)(b)); other interference with a tenant's possession can cost the landlord actual damages or $200, whichever is greater, for each occurrence (600.2918(2)). Check the lease for entry terms. |
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| Cameras & privacy | No landlord-specific statute, but Michigan law is strict. It is a felony to install, place or use in any private place, without the consent of the people entitled to privacy there, a device for observing, recording, transmitting, photographing or eavesdropping. The penalty is up to 2 years and/or $2,000, or up to 5 years for repeat offenses or for distributing the images. A 'private place' is one where a person can reasonably expect to be safe from casual or hostile intrusion or surveillance; places with public access are excluded. Security monitoring in a residence by its owner or principal occupant is allowed unless done for a lewd purpose. Eavesdropping means overhearing or recording private conversation without the permission of ALL participants. Trespassing to conduct surveillance is a misdemeanor. MCL 750.539a: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-750-539a. Courts have differed on whether a participant may record their own conversation; the all-party definition applies to 'the private discourse of others.' |
You were refused or treated differently because of Section 8 or other income
| Statewide ban on refusing Section 8 / source of income | Yes, effective Apr. 2, 2025. A landlord may not deny or end a tenancy, set different terms, fees or rent, misstate availability, advertise a preference, or try to discourage a tenant because of source of income, including vouchers and subsidies. If the landlord has an income threshold, it must count vouchers and subsidies when applying it (this does not cover emergency rental assistance). Exempt: landlords who, together with related entities, own fewer than 5 rental units in Michigan. The definition of 'source of income' (in the definitions section of Act 348 of 1972) was not separately reviewed. Source: MCL 554.601c (2024 PA 178) |
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Other claims tenants bring in Michigan
| Covenant of quiet enjoyment | Michigan law protects a tenant's right to possess, use and enjoy the rental. The Legislature's guide explains that self-help eviction, such as changing the locks, turning off utilities, or another act or omission that interferes with that right, is prohibited and can make the landlord pay money damages; a landlord must use the court eviction process (summary proceedings). |
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| Injuries on the property | Under the Truth in Renting Act, a lease provision that relieves the landlord from liability for failing to perform a duty imposed by law, or for negligently performing one, is void. The landlord's duty may be waived only to the extent the tenant could recover under an insurance policy for loss, damage or injury caused by fire or another casualty. Landlords also must keep the premises fit for their intended use and in reasonable repair under MCL 554.139. Only the prohibited clause is void, not the whole lease. If the landlord does not correct a Truth in Renting Act violation after notice, the tenant may sue to void the lease or for other relief (MCL 554.635, 554.636). |
Where and when to sue
| Small claims limit | $7,000 for cases seeking recovery of money (since January 1, 2024). Final step of the schedule in the statute ($5,000 in 2012 rising to $7,000 in 2024). By staying in small claims, parties waive any recovery above the limit (MCL 600.8412). Source: MCL 600.8401 |
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| Small claims filing fee | $25 if the claim is $600 or less; $45 for over $600 up to $1,750; $65 for over $1,750. Postage for mailing the affidavit to each defendant is extra, and a personal server receives the same fee and mileage as for other district court service. Writs of execution, attachment or garnishment and debtor discovery subpoenas cost $15. Source: MCL 600.8420 |
| Deadline to sue on a written lease | 6 years for an action to recover damages or money due for breach of contract (unpaid rent or damages under a lease). The same period applies to written and oral leases. The statute doesn't distinguish written from oral contracts. A 10-year period applies only to covenants in a deed or mortgage, and certain bonds. Source: MCL 600.5807(1), (9) |
How small claims court works in Michigan →
Tenant lawyers and free legal aid in Michigan · Michigan tenant rights · Suing a landlord in other states
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.