Mich. Comp. Laws § § 554.139
Lease or license of residential premises; covenants; modifications; liberal construction, inspection.
Operative Text
Sec. 39. (1) In every lease or license of residential premises, the lessor or licensor covenants: (a) That the premises and all common areas are fit for the use intended by the parties. (b) To keep the premises in reasonable repair during the term of the lease or license, and to comply with the applicable health and safety laws of the state and of the local unit of government where the premises are located, except when the disrepair or violation of the applicable health or safety laws has been caused by the tenants wilful or irresponsible conduct or lack of conduct. (2) The parties to the lease or license may modify the obligations imposed by this section where the lease or license has a current term of at least 1 year. (3) The provisions of this section shall be liberally construed, and the privilege of a prospective lessee or licensee to inspect the premises before concluding a lease or license shall not defeat his right to have the benefit of the covenants established herein.
Michigan Compiled Laws § 554.139 establishes that every residential lease or license automatically includes two implied covenants from the landlord: first, that the premises and all common areas are fit for their intended use; and second, that the landlord will maintain the property in reasonable repair and comply with applicable state and local health and safety laws throughout the tenancy. These covenants do not apply when the disrepair or code violation results from the tenant's own willful or irresponsible conduct. The statute also specifies that a tenant's opportunity to inspect the property before signing does not waive these protections, and that the law is to be interpreted broadly in favor of the covenants' coverage.
Plain English — not legal advice.
Under MCL § 554.139, residential property owners and managers are generally expected to ensure that rental units and shared common areas are habitable and fit for their intended use at the outset of a tenancy and throughout its duration. Compliant operators typically conduct regular maintenance, address repair needs promptly, and monitor the property for compliance with applicable state and local health and safety codes. Where a lease runs for at least one year, the parties may negotiate modifications to these statutory obligations, but any such modifications should be clearly documented in the lease agreement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
MCL § 554.139 gives residential tenants the benefit of implied covenants that their unit and common areas will be fit for use and kept in reasonable repair, regardless of whether they inspected the property before signing. If a landlord fails to maintain the premises or comply with health and safety laws, tenants may have grounds to raise this statutory violation as a defense in legal proceedings or to pursue remedies through local housing or code enforcement authorities. Tenant-rights organizations and legal aid services can help explain the range of options available under this provision, including how the law's instruction to be "liberally construed" may affect a particular situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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