Michigan domestic violence lease release: how MCL 554.601b works for a landlord
MCL 554.601b releases a Michigan tenant from the rent obligation when the tenant has a reasonable apprehension of present danger to the tenant or a child from domestic violence, sexual assault or stalking. The tenant sends written notice by certified mail with documentation. Rent obligations end no later than the first day of the second month that rent is due after notice, and not before the tenant moves out. Prepaid amounts are not refunded.
Who can use MCL 554.601b?
A tenant who has a reasonable apprehension of present danger to the tenant or the tenant's child from domestic violence, sexual assault or stalking while a tenant. "Child" means the minor child living with the tenant, or an adult child who is a legally incapacitated individual. The section applies only to leases entered into, renewed or renegotiated after the effective date of the amendatory act that added it.
What must the tenant send?
Subsection (1) says notice of intent to seek a release, with written documentation, must be sent by certified mail. Subsection (2) adds a written statement that the tenant or a child has a reasonable apprehension of present danger. The lease may carry a notice of the tenant's special statutory rights, using the wording in subsection (1). If it does not, you must post that written notice where it is visible in your property management office, or hand it to the tenant at lease signing.
Which documents satisfy the section?
- A valid personal protection order or foreign protection order, or an order removing an abusive person from a home under MCL 712A.13a(4), still in effect on the date of submittal.
- A valid probation, conditional release or parole order still in effect, if it sets conditions reasonably necessary to protect the tenant or child, including no contact.
- A written police report that led to charges by the prosecutor, filed no more than 14 days before the notice.
- The same kind of police report with charges filed more than 14 days before, if the tenant also shows a verifiable threat of present danger. Filing the qualified third party form in the next item is enough to show that.
- A report verified by a qualified third party, in substantially the form the statute prints, signed under penalty of perjury.
When does rent stop, and what is kept?
The tenant is released from rent no later than the first day of the second month that rent is due after notice is given. The release does not take effect before the tenant moves out. It does not apply to prepaid amounts, including prepaid first and last months' rent. You may still withhold security deposit amounts under section 13(1)(d) and other sums allowed by law.
Example a made-up tenant in Grand Rapids pays $1,000 a month and has already prepaid last month's rent. The certified notice is delivered on March 10 with a valid protection order, and the tenant moves out March 20. Rent stops no later than May 1, the first day of the second month rent comes due after notice. The prepaid last month's rent stays with you.
Forwarding addresses and co-tenants
You may reveal the tenant's forwarding address only as reasonably necessary for your regular and ordinary business purpose. You may not intentionally reveal it, or the documentation, to the person the tenant identified as the source of the apprehension. If several tenants are on the lease and one is released, the others stay bound. The statute does not take away your remedies against other parties. The text I read has no lock change rule.
How DoorKeeping fits in Michigan
DoorKeeping keeps the written notice, the proof the tenant gave and your reply together in the Michigan tenant's file, with dates. A reminder can mark the day rent obligations end under the notice. Any rent, deposit or lock decision waits for your one-tap approval. This is general information, not legal advice. Check the current statute and your lease before you act.
Sources
Questions
- How must a Michigan tenant send the notice?
- By certified mail, with written documentation, under MCL 554.601b(1).
- When does a Michigan tenant stop owing rent?
- No later than the first day of the second month that rent is due after notice, and not before the tenant vacates.
- Can I keep prepaid rent?
- Yes. The release does not apply to prepaid amounts such as first and last months' rent.