Situations Involving Domestic Violence

There are certain stipulations that must be followed by the tenant and the landlord...

In the unfortunate situation where a tenant is a victim of domestic violence they have certain rights under Michigan landlord tenant law, primarily regarding terminating an existing lease agreement. There are certain stipulations that must be followed by the tenant and the landlord, and those can be found in MCL 554.601(b), but we have paraphrased them here.

To begin, a tenant who has “a reasonable apprehension of present danger” to themselves or his or her child from domestic violence, sexual assault, or stalking while a tenant may be released from their obligation to pay rent. The tenant must submit written notice of his or her intent to seek a release from the rental agreement due to one of those factors and also provide written documentation that the tenant has a reasonable apprehension of present danger to themselves or his or her child. The written notice must be made by certified mail. The documentation about the reasonable apprehension of present danger can be in the form of a personal protection order from a court of competent jurisdiction; a probation order, conditional release order, or parole order, or a written police report. The form of the written documentation is provided in the statute, as well as definitions and other clarifying language.

In addition, a rental agreement may contain a provision stating “A tenant who has a reasonable apprehension of present danger to him or her or his or her child from domestic violence, sexual assault, or stalking may have special statutory rights to seek a release of rental obligation under MCL 554.601b.”. This statement is in LeaseRunner’s Michigan Residential Lease. If the rental agreement does not contain this provision, the landlord must post a written notice, visible to a reasonable person, in the landlord’s property management office or deliver a written notice to the tenant when the lease agreement is signed. The content of the written notice shall be identical to the provision in this section.