A Michigan rental application is a form that prospective renters use to apply for a rental property and typically asks for an applicant’s personal information, rental history, financial statements, and references from employers or former landlords. While there are general compliance requirements for any rental application, landlords must also consider specific Michigan rental application laws.
In Michigan, landlords are required to follow specific laws and regulations when screening tenants and reviewing rental applications. These laws are designed to protect both landlords and tenants, and ensure the rental process is fair and transparent. This is informational only; not legal advice.
- Fair Housing Act: Federal law prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. (42 U.S.C. §§ 3601-3619, 3631)
- Michigan Fair Housing Law: State law that extends the protections listed under the Fair Housing Act to include additional categories such as race, color, religion, disability, familial status, national origin, sex and age.
- Michigan Security Deposit Act: State law that governs the collection and return of security deposits, and the maximum amount landlords can collect. (MCL 554.602) A security deposit may not exceed one and a half month’s rent.
Michigan also has state-specific requirements regarding tenant screening and rental applications, including:
- Rental application fees: Landlords in Michigan can charge a reasonable fee for rental applications, but they must disclose the fee in writing and provide an itemized list of the screening costs upon request.
- Screening criteria: If a landlord uses specific screening criteria to evaluate rental applications, they must provide applicants with a written description of the criteria. The criteria must be reasonable and applied consistently to all applicants.
- Reason for denial: If a landlord decides to deny an applicant's rental application, they must provide the applicant with a written notice that explains the reason for the denial. The notice must also inform the applicant of their right to request a free copy of their tenant screening report and their right to dispute any inaccurate information.
- Criminal background checks: There is proposed legislation that would bar criminal background checks until a landlord conditionally accepts applicant.
- Detroit: Under the Detroit Fair Chance Ordinance, landlords in Detroit may not access an applicant's criminal history until they have conditionally accepted an applicant.
- Eviction process: If a landlord needs to evict a tenant, they must follow a specific legal process that includes providing written notice to the tenant and filing a complaint with the court. Tenants have the right to contest the eviction in court, and landlords cannot use self-help measures to evict tenants, such as changing locks or shutting off utilities. (Michigan Compiled Laws § 600.5714)
- Lead-based paint disclosure: If a rental unit was built before 1978, the landlord must provide tenants with a lead-based paint disclosure form before they sign a lease. The form must disclose any known lead-based paint hazards in the unit and provide information about the potential health risks of exposure to lead-based paint. Federal Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. §§ 4851-4856); Michigan Lead Abatement Act (MCL 333.5451 et seq.)