When The Landlord Will Not Fix It
MCL 554.139 — fit for use, in reasonable repair, and up to code
Every lease or license of residential premises in Michigan carries promises from the landlord that the statute writes into it: that the premises and all common areas are fit for the use the parties intended, that the premises are kept in reasonable repair during the term, and that they comply with the health and safety laws of the state and of the local government where they are.
- The exception is disrepair or a violation caused by the tenant's own willful or irresponsible conduct or lack of conduct.
- The parties may modify these obligations only where the lease has a current term of at least 1 year.
- The section is to be liberally construed, and a tenant's chance to inspect the place before signing does not take away the benefit of these promises.
Heat, water and power sit in a second statute as well. The statute on unlawful interference with a tenant's possession lists, among the acts that give a tenant damages, an owner causing by action or omission the end or interruption of a service the landlord has an existing duty to furnish that is so essential its loss would amount to a constructive eviction, naming heat, running water, hot water, electric and gas service.
Whether rent may be withheld or paid into court while repairs are outstanding, and what a court may order, are not set out in these sections and are not covered here. Local housing inspectors enforce local codes.
Sources for this section (2)
- MCL 554.139 — The landlord's covenants of fitness and repair
- MCL 600.2918 — Unlawful interference with a tenant's possession
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.