Michigan Renters: Refusing Move-In After Inspection
If you’re about to rent a home in Michigan, knowing your rights after the pre-move-in inspection is essential. Sometimes, dangerous conditions or missing disclosures may make you question whether it’s safe or legal to proceed. This article explains when you can refuse to move in after inspection in Michigan, what forms or laws apply, and steps you can take if your rental isn’t up to standard.
What is a Move-In Inspection in Michigan?
Before you move into a rental unit, Michigan law requires landlords to provide a written move-in checklist detailing the condition of the property. This checklist protects both parties—documenting the state of the unit helps avoid disputes over security deposits later. The form most often used for this is the "Inventory Checklist" included in many Michigan leases.
What Disclosures Must Landlords Provide?
Landlords in Michigan must provide certain legal disclosures before you sign a lease or move in:
- Lead-based paint disclosure for properties built before 1978 (official guidance).
- Security deposit details and the name/address of the financial institution holding your deposit (MCL 554.603).
- Notice of the tenant’s right to a move-in checklist and instructions for use (MCL 554.608).
- Copy of the lease and any rules or regulations.
The move-in inspection is your chance to carefully review the property’s condition and note any preexisting issues.
When Can You Legally Refuse to Move In?
Michigan law does not spell out an automatic right to refuse move-in, but renters may have grounds if one of these issues applies:
- The unit is uninhabitable due to dangerous or unsanitary conditions (no heat, no water, plumbing, severe structural problems).
- Required disclosures or inspection reports have not been provided.
- Promises in the lease (such as repairs or cleaning) have not been met, and conditions are not as agreed.
- Lead-based paint hazards were not disclosed as required by federal and state law.
"Uninhabitable" means the rental violates Michigan’s housing codes or puts your health and safety at risk. If you haven’t moved in or signed the rental agreement, you generally can walk away without penalty. If you have signed but have not moved in yet, contact your landlord right away and put your concerns in writing.
Key Forms and How to Use Them
-
Inventory Checklist (Move-In/Move-Out Form)
Name: Inventory Checklist
When to use: Upon receiving keys or at move-in. Carefully list any damages, take photos, and give a signed copy to your landlord.
Find it here: Official Michigan Inventory Checklist (PDF) -
Notice of Withholding Rent or Termination of Lease
Name/Number: No state-specific number; draft your written notice following MCL 554.139 requirements.
When to use: If major repairs have not been made or the premises are uninhabitable.
Example: "I am unable to take possession because the rental unit at [address] is uninhabitable due to [reason]. Please address these issues or return my deposit." -
Request for Itemized Security Deposit Refund
Name: Itemized List of Damages Request
When to use: If you paid a deposit and either refused move-in or moved out quickly due to unresolved issues.
Find template/instructions: Attorney General's Tenant Guide
The Main Tribunal for Tenancy Disputes in Michigan
Most disputes about move-in issues, habitability, or security deposits are handled in the Michigan District Court (Landlord-Tenant Division). You can find court locations and guidance at the official Michigan Courts - District Court page.
Applicable Michigan Tenancy Legislation
The main law covering these rights is the Michigan Truth in Renting Act and related sections of the Michigan Compiled Laws on Security Deposits (MCL 554.601-554.616). Landlords must also meet the requirements for "fit and habitable" premises under MCL 554.139.
Action Steps: What If You Need to Refuse Move-In?
- Document problems during your inspection: use the official checklist, take photos, and write detailed notes.
- Notify your landlord in writing as soon as possible about your concerns—be specific and include the date.
- Request that repairs be done before you move in, or ask to cancel the lease if the issues are severe.
- If your deposit was already paid, request a refund in writing using the itemized request format.
- If issues aren’t fixed, you may file a complaint or pursue your claim through your local Michigan District Court.
Frequently Asked Questions
- Can I refuse to move in if the apartment is dirty or damaged?
If the condition violates health, safety, or building codes—or important repairs are not done—you have the right to delay or refuse move-in. Always document issues on the move-in checklist and notify your landlord in writing. - Am I entitled to a full refund of my security deposit if I never move in?
Often, yes—especially if the reason for refusal is serious, like uninhabitable conditions or missing required disclosures. Request a return of your deposit in writing and keep copies for your records. - What forms do I need if I want to document pre-existing damage?
Use the official Michigan Inventory Checklist at move-in and take photos. Provide a signed copy to your landlord, keeping the original for your files. - Who do I contact if my landlord won’t address inspection issues?
If your landlord does not respond, you can take your claim to the Michigan District Court (Landlord-Tenant Division). Some local governments or city inspectors may also help with code violations.
Need Help? Resources for Renters
- Michigan Attorney General's Tenant Guide: Detailed overview of tenant rights, responsibilities, and sample forms.
- Michigan Legal Help – Housing: Online guides and tools for renters, including habitability and security deposit concerns.
- Michigan District Courts: Find your local court for filing landlord-tenant cases.
- For habitability or code violations: Contact your local city/county code enforcement or public health office.
- "Truth in Renting Act" and Security Deposit requirements: Michigan Truth in Renting Act; MCL 554.601-554.616
- Required move-in checklist and landlord obligations: MCL 554.608
- Landlord’s duty to maintain premises: MCL 554.139
- Lead hazard disclosure: Michigan Lead Law
- How to find your court: Michigan District Court Locator
Categories
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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