Every residential lease in Michigan includes a statutory covenant by the landlord that the premises and common areas are fit for their intended use and kept in reasonable repair, in compliance with state and local health and safety laws. These duties cannot be waived except in leases with a term of at least one year.
MCL 554.139 implies in every residential lease that the landlord covenants "(a) That the premises and all common areas are fit for the use intended by the parties" and "(b) To keep the premises in reasonable repair during the term of the lease... and to comply with the applicable health and safety laws," except where disrepair was caused by the tenant's "wilful or irresponsible conduct or lack of conduct." The parties may modify these duties only where the lease term is at least one year. The statute directs that its provisions "shall be liberally construed," and a tenant's chance to inspect before signing does not defeat the covenants. Tenants may enforce the covenant through repair-and-deduct, rent escrow, or damages actions.
No fixed statutory fine. A tenant may recover damages, pursue rent escrow, or assert breach of the covenant as a defense; the covenant is liberally construed in the tenant's favor (MCL 554.139).
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