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Michigan Landlord Duty to Repair: MCL 554.139 Covenants

MCL 554.139(1) says that 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, and (b) to keep the premises in reasonable repair during the term and to comply with the applicable health and safety laws of the state and of the local unit of government. The exception for “wilful or irresponsible conduct or lack of conduct” of the tenant is written into covenant (b). Subsection (2) lets the parties modify these obligations where the lease or license has a current term of at least 1 year.

The covenants in MCL 554.139(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.

What the section leaves undefined

The text does not define “fit,” “reasonable repair” or “health and safety laws,” and it does not say which codes apply. Covenant (b) points to the health and safety laws “of the state and of the local unit of government where the premises are located.” Local ordinances (housing codes, inspections, lead rules) are outside these files; check your city and ask a Michigan attorney.

The tenant-conduct exception

Covenant (b) applies except when the disrepair or violation of health or safety laws was caused by the tenant’s wilful or irresponsible conduct or lack of conduct. The text does not define those terms or give examples, and the exception is not written into covenant (a). The text does not say how a dispute over the cause is decided; ask a Michigan attorney.

Modifying the covenants (subsection (2))

Subsection (2) says 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.” A lease whose current term is shorter does not meet that condition. The text does not say whether a modification must be in writing or how far it may go.

Separately, MCL 554.633(1)(a) says a rental agreement must not include a provision that “Waives or alters a remedy available to the parties when the premises are in a condition that violates the covenants of fitness and habitability.” The text does not draw the line between modifying an obligation and altering a remedy, so have a Michigan attorney review any such clause. Under MCL 554.636(1), if a rental agreement contains a provision prohibited by 554.633 and the landlord does not cure it by the Act’s notice procedure within 20 days after the tenant’s written notice, the tenant may bring an action to void the rental agreement and terminate the tenancy, to enjoin the lessor from including the provision in later rental agreements, or to recover $250 or actual damages, whichever is greater.

Liberal construction and inspection before signing (subsection (3))

Subsection (3) says the provisions of the section “shall be liberally construed,” and that 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 in the section. A tenant’s walk-through before signing therefore does not end the covenants.

Rent in a nonpayment case

If a judge or jury finds the plaintiff entitled to possession because of nonpayment of money due under a tenancy, MCL 600.5741 says the judge or jury determines the amount due and states it in the judgment. In doing so, the jury or judge “shall deduct any portion of the rent which the jury or judge finds to be excused by the plaintiff’s breach of the lease or by his breach of 1 or more statutory covenants imposed by section 39 of chapter 66 of the Revised Statutes of 1846.” That section 39 is MCL 554.139. Section 554.139 itself lists no tenant remedy, notice procedure or repair deadline; ask a Michigan attorney about a specific repair dispute.

Common mistakes

Checked against the text published on legislature.mi.gov on 5 October 2026.

Sources

Related guides

Informational only, not legal advice. Statute text checked against the Michigan Compiled Laws (MCL 554.131 to 554.139, 554.601 to 554.616, 554.631 to 554.641 and 600.2918, 600.5701 to 600.5759) as published at legislature.mi.gov on October 5, 2026. Statutes change and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Michigan landlord-tenant attorney.

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