Owning property in Detroit, Michigan, comes with responsibilities. One of the most significant is respecting the rights of a person living in your house. Misunderstanding these rights can lead to conflicts, fines, or strained relationships with your residents.
It’s important to know that residents in your house have certain rights to maintain. These rights, such as privacy, safety, and protection from unfair treatment, are protected by Michigan laws and federal regulations.
In this blog, we’ll discuss these rights in simple terms, giving you the tools to navigate your role as a homeowner with confidence and ease.
Legal Frameworks Regarding Homeowners and Residents in Michigan
Michigan laws provide a robust framework to guide interactions between homeowners and residents. Understanding these legal frameworks is crucial to avoiding disputes and ensuring compliance.
The key legal frameworks that govern residential properties in Michigan:
Michigan Residential Homeowner-Resident Act
The Michigan Residential Homeowner-Resident Act (Public Act 348 of 1972) establishes rules for homeowners and residents. It ensures habitable living conditions, regulates security deposits, and outlines eviction procedures. The Act also governs lease termination and rent adjustments while safeguarding resident rights and setting standards for rental properties.
Michigan Property Code
Michigan’s Property Code regulates property ownership, maintenance, and foreclosure. It details foreclosure notices and judicial processes while requiring homeowners to uphold local maintenance standards. These laws ensure properties meet health, safety, and habitability requirements, especially in cities with stringent ordinances.
Michigan Consumer Protection Act (MCPA)
The Michigan Consumer Protection Act (MCPA) protects renters by prohibiting deceptive practices, such as false advertising or misrepresenting rental terms by homeowners. It also ensures residents are treated fairly and free from unfair or discriminatory practices in the rental process. Residents have the right to take legal action against fraudulent homeowner behavior.
Fair Housing Act (Federal Law)
This federal law prohibits discrimination based on race, gender, religion, disability, and other protected categories. Homeowners must ensure their rental practices align with these guidelines to provide equal housing opportunities.
Local Ordinances and Zoning Laws
The Michigan Zoning Enabling Act (MCL 125) provides the legal framework for local ordinances and zoning laws. These laws regulate how properties can be used and maintained. They set rules for occupancy limits, noise restrictions, and other community standards, helping to preserve neighborhood harmony.
Michigan’s Warranty of Habitability
This warranty requires homeowners to provide residents with a safe and livable environment. This law is primarily governed by MCL 440.2314 and MCL 554.139. It includes functioning plumbing, heating, and structural integrity, ensuring residents’ health and safety.
Basic Residents’ Rights Homeowners Should Follow
In Michigan, residents have fundamental rights that every homeowner should respect and follow. These rights help maintain a peaceful living situation and ensure legal compliance. AmeriHome shares some of the must-followed fundamental resident’s rights:
Right to a Safe and Livable Space
Residents are entitled to a safe and habitable environment. This means homes must be free of hazardous conditions like faulty plumbing, electrical issues, or structural damage that could harm their health or safety.
Protection Against Unlawful Evictions
Eviction is a legal process that requires specific procedures. Residents are protected from being evicted without proper notice or cause. Homeowners must follow legal guidelines to ensure evictions are fair and justified.
Security Deposit Regulations
Homeowners must handle security deposits according to Michigan Housing law, including providing a written statement of any deductions. Security deposits must be returned within a specified period after the lease ends unless justified deductions.
Protection Against Homeowner Retaliation
It is unlawful for homeowners to retaliate against residents for asserting their legal rights. It includes increasing rent, reducing services, or initiating eviction due to complaints or legal actions taken by the resident.
Right to Fair Treatment
Residents are entitled to fair and equal treatment under the law. Discriminatory practices based on race, gender, religion, or other protected categories are prohibited, ensuring a respectful environment for all.
Privacy and Entry Requirements
Respecting a resident’s privacy is crucial. Homeowners must give proper notice before entering the property, except in emergencies. It ensures that residents feel secure and their personal space is respected at all times.
Homeowners Responsibilities Toward Residents
Homeowners have specific legal and ethical responsibilities toward their residents. These duties ensure that the property remains a safe and comfortable place to live while protecting the rights of both parties. Let’s take a look at the primary homeowner responsibilities:
Providing a Habitable Property
A home must be livable and free from hazards. Homeowners must maintain the property to meet local building codes and provide necessities like heating and plumbing, ensuring the residents’ safety and well-being.
Making Timely Repairs
It’s a homeowner’s responsibility to make repairs quickly. This includes addressing issues that affect living conditions, such as broken appliances, plumbing problems, or safety hazards, ensuring residents live comfortably.
Following Fair Housing Laws
Homeowners must stick to fair housing laws, which prohibit discrimination based on race, color, religion, sex, national origin, disability, and familial status.
Respecting Resident’s Privacy
They should respect their residents’ privacy by giving proper notice before entering their property. It encourages trust and ensures residents feel safe and secure in their homes.
Providing Essential Services
A homeowner is responsible for ensuring essential services, like water, heating, and electricity, are provided and functioning. If any service is interrupted, the homeowner must take swift action to restore it for the comfort of the residents.
Ensure Positive Relationship
To ensure a positive relationship, homeowners should prioritize transparency and respect. Regularly addressing concerns, offering a friendly attitude, and maintaining the property in good condition encourages residents to stay long-term. A positive environment promotes cooperation and helps avoid unnecessary conflicts in the future.
Conclusion
As a homeowner, it can be hard to keep track of all the rules, rights, and responsibilities toward your residents. With so many legal considerations, it’s natural to feel unsure about what’s required to stay compliant and maintain a good relationship with your residents.
If managing these tasks feels overwhelming, our expert property manager can provide the expertise and support you need. We can handle the details, ensuring compliance with all regulations and helping you foster positive relationships with your residents.
Frequently Asked Questions
Are there legal restrictions on increasing rent in Michigan?
Yes, rent increases in Michigan must comply with lease terms and local laws. For month-to-month leases, a homeowner must provide at least 30 days’ notice before raising rent.
Are there any protections against eviction for residents in Michigan?
Yes, residents in Michigan are protected against unlawful eviction. Homeowners must follow legal procedures, including providing written notice and going through the court process. Evictions can only occur for specific reasons like non-payment or lease violations.
How does a resident know if their security deposit is being handled properly?
Homeowners must provide an itemized list of any damages deducted from the security deposit and return the remaining balance within 30 days of lease termination. Failure to do so gives the resident the right to pursue legal action to recover the full deposit amount.
