Tenant Screening and Application Fee Rules in Michigan: What the Statute Covers
Understanding Michigan’s tenant screening laws is crucial for independent residential landlords to ensure a safe and compliant rental property. This guide outlines the key regulations regarding tenant screening criteria, criminal records, and application fees.
Permitting, Zoning, or Statutory Basis
Michigan’s tenant screening laws are primarily governed by state statutes. The primary legislation is MCL 554.17, which sets forth requirements for landlords regarding tenant screening. This includes background checks and criminal record verifications.
Lease Clauses, Notice Periods, and Timing Requirements
Application Fees
Landlords in Michigan are allowed to charge application fees. However, there is a statutory limit on the amount of these fees. According to MCL 554.17(3), the maximum application fee a landlord can charge is $50. This fee must be clearly stated in the lease agreement and cannot exceed this amount.
Screening Criteria
Landlords are required to conduct background checks on tenants. These checks must include criminal record verifications, as mandated by MCL 554.17(2). Landlords must ensure that these checks are conducted by a licensed background screening company and that the results are accurate.
Notice Periods
Landlords must provide tenants with a notice period before eviction or termination of the lease. The notice period is typically 30 days, as required by MCL 554.17(4). This notice period must be in writing and must provide the tenant with a reason for the eviction or termination.
Defensible Record-Keeping & Compliance Checklist
To ensure compliance with Michigan’s tenant screening laws, landlords should maintain thorough records of all tenant screening processes. This includes:
- Application Forms: Keep copies of all application forms, including the tenant’s signature and any additional information provided.
- Background Checks: Maintain copies of all background check reports, including criminal record verifications.
- Lease Agreements: Keep copies of all lease agreements, including any amendments or modifications.
- Notice Periods: Maintain records of all notice periods provided to tenants, including the date and reason for the notice.
- Eviction Notices: Keep copies of all eviction notices, including any court filings.
By maintaining these records, landlords can demonstrate compliance with Michigan’s tenant screening laws and protect themselves from potential legal disputes.
Conclusion
Michigan’s tenant screening laws are designed to ensure a safe and compliant rental property. Landlords must comply with these laws by conducting background checks, charging application fees within the statutory limit, and providing tenants with notice periods before eviction or termination of the lease. By maintaining thorough records of all tenant screening processes, landlords can ensure compliance and protect themselves from potential legal disputes.
For more information on landlord rules in other Michigan cities, consider exploring the following guides:
- Battle Creek Landlord Rules That Sit on Top of Michigan Law
- Detroit Landlord Rules That Sit on Top of Michigan Law
- Minneapolis Landlord Rules That Sit on Top of Minnesota Law
- St. Louis Landlord Rules That Sit on Top of Missouri Law
By staying informed and compliant with Michigan’s landlord rules, landlords can ensure a successful and profitable rental property.