Michigan Renter Rights During Storms and Flood Emergencies

Severe weather events like storms and flooding can be stressful for Michigan renters. It’s important to know your rights and what steps you can take if your home is damaged or becomes unsafe during these emergencies. Understanding these protections can help you ensure safe living conditions and communicate effectively with your landlord in challenging times.

Your Rights and Responsibilities When Storms or Floods Happen

Both you and your landlord have important responsibilities during emergencies. Michigan law requires landlords to maintain rental properties in a safe and habitable condition, particularly when natural disasters impact your home or building.

• Landlord’s Responsibility: Landlords must keep the premises in reasonable repair and comply with health and safety laws, even after storm or flood damage.
• Your Responsibility: Renters should promptly report emergency repairs and avoid causing any further damage if safe to do so.

What Does "Habitable" Mean?

A habitable rental must have essential services (like running water, electricity, and heat), a sound structure, and must be free from health hazards. If damage from a storm or flood makes your home unsafe, you may have rights under Michigan’s Truth in Renting Act and MCL 554.139 Maintaining Premises in Safe Condition.^1,2

Emergency Repairs: What To Do

Immediate action helps protect your safety, property, and your rights. If you face a storm or flood emergency:

• Contact your landlord or property manager right away—ideally in writing (email or text works).
• Document the damage with photos and keep a timeline of your communications.
• If repairs are not made quickly and the rental is uninhabitable, you may have the right to withhold rent, make repairs and deduct costs, or seek early lease termination—always follow Michigan law.

Relevant Legal Forms for Michigan Renters

• Notice of Required Repairs (No official state form number):
  This written notice informs your landlord you need urgent repairs due to storm or flood damage.
  When to use: If your landlord hasn’t responded to your repair request or you need to create a paper trail.
  Download a sample repair request letter from Michigan Legal Help.
• Complaint About Housing Conditions (Local Health Department form):
  Use if your landlord does not make emergency repairs and your home is unsafe.
  When to use: To alert city or county inspectors so they can investigate and order repairs.
  Find your local Michigan county health department.
• Motion to Withhold Rent/Escrow (Local District Court form):
  Required if you plan to pay rent into escrow after unresolved emergency repairs.
  When to use: Only after notifying the landlord in writing and following court procedures.
  See Michigan District Court landlord/tenant forms.

Can You Break Your Lease for Emergency Flooding or Storm Damage?

If your rental unit is made uninhabitable and the landlord cannot or will not repair, you may in some cases terminate your lease without penalty. Michigan law requires the landlord to keep your unit fit for use. If major flooding, storm damage, or lost utilities pose a health and safety risk, document all communications and consult with your local housing authority or seek legal help before moving out.

If Your Unit Is Uninhabitable: Next Steps

Health and safety come first—don’t stay in unsafe housing. Here’s a summary of steps if you cannot live in your rental after a disaster:

• Notify your landlord immediately (keep copies of all messages).
• Request emergency repairs in writing.
• Contact your local code enforcement or health department for inspection if repairs are not made.
• If repairs are still not made, you may file a complaint with your local District Court, using proper forms or the official landlord/tenant forms.
• If you stop living in the unit, notify your landlord and preserve your rights by documenting everything.

Michigan’s district courts handle landlord-tenant disputes. More information about this process, including eviction or habitability cases, is available from the statewide Michigan District Courts.³

FAQ: Michigan Renters and Emergency Protections

1. Can my landlord make me leave my home after a flood or storm?
   Generally, your landlord cannot force you out without a legal eviction process. However, if your unit is unsafe due to disaster, you may have to leave for safety. The landlord must follow legal procedures for any eviction.
2. What if my landlord refuses to fix dangerous storm or flood damage?
   You can notify your local health department and may be able to withhold rent or use escrow by court order, but it's important to follow legal requirements and document everything.
3. Do I have to keep paying rent if my apartment is unlivable after an emergency?
   Potentially, no. If your unit is uninhabitable and not your fault, you may be eligible to withhold rent or terminate your lease, but only after proper legal notice and process.
4. What official forms do I need for emergency repair issues?
   You may use a written Notice of Required Repairs, a Complaint to your local health department, or a Motion to Withhold Rent/Escrow from the district court. Sample letters and official forms are linked above.
5. Where can I get more information or help?
   Contact your local District Court, health department, or the free resources listed below for support and legal guidance.

Need Help? Resources for Renters

• Michigan District Court – Landlord/Tenant Division: Handles emergency repair disputes, habitability, and evictions.
• Michigan County Health Departments: For reporting unlivable conditions and requesting inspections.
• Michigan Legal Help – Repairs Guide: Step-by-step help on emergency repairs and renter documentation.
• Michigan State Housing Development Authority (MSHDA): Rights and responsibilities of Michigan tenants.

---

1. Michigan Truth in Renting Act
2. MCL 554.139 – Landlord Duty to Repair and Maintain
3. Michigan District Courts: Landlord–Tenant

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations