Maintenance & Repairs Clause
in Your Lease
What it actually means, what Michigan law says, what's specific to Detroit - and exactly what to do. In plain English.
Quick Summary - What You Need to Know
- The Michigan sections we read set no number of days in which a landlord must finish a repair after a tenant asks. What they set is a duty, plus routes that run through an inspector or a court.
- MCL 554.139(1) says that in every residential lease the landlord covenants "That the premises and all common areas are fit for the use intended by the parties" and to keep the premises "in reasonable repair during the term of the lease or license".
- The covenant excepts disrepair caused by the tenant's "wilful or irresponsible conduct or lack of conduct". Under § 554.139(2) the parties may modify these duties where the lease or license "has a current term of at least 1 year."
- MCL 600.5741 says that in an eviction for unpaid rent the judge or jury "shall deduct any portion of the rent" found to be excused by the landlord's breach of the lease or of the § 554.139 covenants.
- Detroit's clocks start elsewhere: seven days to cure from a city correction notice under § 8-15-47(b), and seven days to order a bed bug inspection after a tenant's written or electronic notice under § 22-7-4(b).
Understanding the Maintenance & Repairs Clause
A repair clause in Detroit answers two questions: what counts as the landlord's job, and how long the landlord may take over it. Michigan answers the first with a promise written into every residential lease. The Michigan sections we read leave the second without a number.
The promise is MCL 554.139. The landlord covenants that the premises are fit for the use intended and will be kept "in reasonable repair during the term of the lease or license". Reasonable is the measure, and no day count sits beside it.
The Detroit sections our record read do carry a figure of seven days in two places, and neither is a deadline to finish a repair you asked for. One runs from a city correction notice.
The other runs from your written or electronic report of suspected bed bugs, and what it requires is an order for an inspection.
The Michigan text behind this page was read on archived copies of the Legislature's own pages. Read MCL 554.139 as it stands today before you rely on it.
What renters assume
That Michigan gives a Detroit landlord a set number of days to fix something once a tenant reports it, and that a renter has nothing to point to until that period runs out.
What is actually true
The Michigan sections we read set no day count at all. They set a covenant instead: under MCL 554.139(1) the landlord keeps the premises "in reasonable repair", and MCL 600.5741 lets a court deduct rent excused by the landlord's breach. Detroit's seven days runs from a city correction notice.
Detroit's row in the comparison on this page carries no bar. It is one of seven of the 18 rows without a figure, alongside New York City, Denver, Atlanta, Philadelphia, Washington, DC and Newark.
The rows that carry a figure fall into four groups. Los Angeles, Portland and Columbus sit at 30 days, with Columbus labelled an outer limit. Chicago, Nashville, Boston and Las Vegas show 14 days, Seattle and Phoenix 10 days, and Austin and Miami 7 days.
Detroit's bar stays empty even though its code holds a seven. The seven days in § 8-15-47(b) runs from a city correction notice, and the bed bug clock in § 22-7-4(b) is a deadline to order an inspection.
Newark's row is empty for a similar reason: its 30 days runs from a city notice of violation.
Plain English Version
No Michigan section we read tells your landlord how many days a repair may take after you ask. The law promises a home fit for its use and kept in reasonable repair, and if you are taken to court for unpaid rent, the judge can reduce what you owe by rent the landlord's own breach excused.
In Detroit the city can serve a correction notice giving seven days to cure, or less for an emergency. A bed bug report in writing starts a seven day clock for the landlord to order an inspection.
Repairs Clause Example - What the Wording Looks Like in Detroit, MI
The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.
Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.
Tenants agree to pay for all damages to the apartment windows, screens, and doors, including exterior unit doors (including random acts of vandalism).
Quoted from the published opinion in De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.
“Tenants agree to pay for”
This is the sentence that moves a duty, and Michigan says when a lease may do that. § 554.139(2) lets the parties modify the landlord's fitness and repair covenants “where the lease or license has a current term of at least 1 year.” The term printed on page one is the first thing to read against these words. The Iowa court was answering a question of the same shape under its own statute, and Iowa's answer does not decide Michigan's.
“all damages to the apartment”
All damages is wider than Michigan's own carve-out. The covenant in § 554.139(1) keeps the premises “in reasonable repair” except where the disrepair was caused by the tenant's “wilful or irresponsible conduct or lack of conduct”. That exception is written around what the tenant did. A blanket promise to pay for everything is written around nothing in particular.
“windows, screens, and doors, including exterior”
Windows and exterior doors keep a home secure, and in Detroit the code's clock on them is the city's. A correction notice under Detroit City Code § 8-15-47(b) gives its recipient seven days to cure the listed violations. § 8-15-47(c) lets the notice set a shorter period for an emergency or an imminent danger to health or safety. This sentence is about who pays; the notice is about how fast.
“unit doors (including random acts of vandalism)”
A stranger's crime is the case the Iowa court decided, and it is where this clause reaches furthest from Michigan's wording. The carve-out in § 554.139(1) names the tenant's own “wilful or irresponsible conduct or lack of conduct”. Our Michigan record does not reach how a court here would read a vandalism term, so read this one against the covenant and your lease term together.
The tenants won the door. The Iowa Supreme Court held the landlord could not use this clause to bill them $598.46 for an exterior door wrecked by a burglar, and reversed the district court's decision against the tenant on liability for the door repair. Two reasons, and the second is the wider one. Iowa Code § 562A.15(2) lets a landlord and tenant agree only that the tenant will perform specified repairs; it does not let the landlord perform the repair and shift the cost. And the landlord's statutory duty to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” is not satisfied “by merely making repairs and shifting the costs to the tenant pursuant to categorical provisions in the original lease agreement.” Note the word categorical: what failed was a blanket allocation written into a form lease before anyone knew who would break what. Why a renter should care: the damage here came from a stranger's crime, and the clause charged it to the household anyway. This is Iowa law, from the opinion as amended July 26, 2016, and a differently worded statute can produce the opposite answer - Texas's did in 2001.
One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.
Michigan Law on Maintenance & Repairs Clause
- Every residential lease in Michigan carries a repair promise. MCL 554.139(1) says the landlord covenants "That the premises and all common areas are fit for the use intended by the parties" and "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 where the tenant's "wilful or irresponsible conduct or lack of conduct" caused the problem. Under § 554.139(2) the parties may modify these duties only "where the lease or license has a current term of at least 1 year."
- State inspectors set the time, not a fixed count of days. MCL 125.532(2) requires the enforcing agency's written notice to the owner to state "the time within which the correction must be completed". Under § 125.532(3), a serious and imminent hazard must be corrected "within the shortest reasonable time" and the owner "shall notify the enforcing agency of having begun compliance within 3 days"; "All other violations must be corrected within a reasonable time."
- A court can reduce rent owed for the landlord's breach. MCL 600.5741 says that in an eviction for unpaid rent the judge or jury "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" under § 554.139. Under MCL 600.5720(1)(g), no judgment for possession for nonpayment may enter where the rent was paid into an escrow account under MCL 125.530.
- Detroit adds a rent escrow tied to the city's rental certificate. Section 8-15-86(b), added by Ordinance No. 2024-47, says tenants "may pay their rent into the Tenant Escrow Program" if the property "lacks a Certificate of Compliance or has documented violations of the Property Maintenance Code that pose a safety risk to the tenant". The tenant must notify the owner under § 8-15-86(d), the account is reviewed at least every 120 days under § 8-15-86(f)(1), and § 8-15-88(b) treats an owner's failure to obtain a Certificate of Compliance as a breach of lease for MCL 600.5720(1)(f).
Sources include Mich. Comp. Laws § 554.139; Mich. Comp. Laws § 125.532; Mich. Comp. Laws § 125.536; Mich. Comp. Laws § 125.530; Mich. Comp. Laws § 600.5741; Mich. Comp. Laws § 600.5720; Detroit City Code § 8-15-47; Detroit City Code § 8-15-86; Detroit City Code § 22-7-4 - statutes change; verify the current text for your situation.
In the Michigan sections we read, a slow repair meets a promise rather than a countdown. They set no number of days for a landlord to finish a repair after a tenant asks.
The promise is in MCL 554.139(1). In every lease or license of residential premises, the landlord covenants "That the premises and all common areas are fit for the use intended by the parties".
The landlord also covenants "To keep the premises in reasonable repair during the term of the lease or license", and to comply with the health and safety laws "of the local unit of government where the premises are located".
Two limits sit in the same section. The covenant does not reach disrepair caused by the tenant's "wilful or irresponsible conduct or lack of conduct".
Under § 554.139(2) the parties may modify these duties where the lease or license "has a current term of at least 1 year."
That second limit ties the power to modify to the length of the current term. So the term on page one of your lease is the first thing to check against a repair paragraph that moves duties onto you.
The Housing Law of Michigan sets time through its inspectors. MCL 125.532(2) requires the enforcing agency's written notice to the owner to state "the time within which the correction must be completed".
Under § 125.532(3) a serious and imminent hazard must be corrected "within the shortest reasonable time", and "All other violations must be corrected within a reasonable time."
The one figure in that section belongs to the agency's process. The owner "shall notify the enforcing agency of having begun compliance within 3 days".
That is notice that work has begun, and the section as our Michigan record quotes it gives no count for finishing.
Two routes then lead to money. MCL 125.536 gives an occupant a damages action when the owner fails to correct a violation after notice.
In an eviction for unpaid rent, MCL 600.5741 has the judge or jury "deduct any portion of the rent" excused by the landlord's breach of the lease or of the § 554.139 covenants.
A third route runs through escrow. Under MCL 600.5720(1)(g), no judgment for possession for nonpayment may enter where the rent was paid into an escrow account under MCL 125.530.
Read each of these sections as it stands today, since the copies behind this page are archived ones.
Michigan Tenant Protections
Under MCL 554.139(1) every residential landlord in Michigan covenants that the premises and all common areas are fit for the use intended by the parties, and to keep the premises in reasonable repair during the term of the lease or license. The covenant does not reach disrepair caused by the tenant's wilful or irresponsible conduct or lack of conduct, and under § 554.139(2) the parties may modify these duties where the lease or license has a current term of at least 1 year.
The Michigan sections we read set no number of days for a repair after a tenant asks. Under MCL 125.536 an occupant has a damages action when the owner fails to correct a violation after notice.
In an eviction for unpaid rent, MCL 600.5741 has the judge or jury deduct any portion of the rent excused by the landlord's breach of the lease or of the § 554.139 covenants.
Under MCL 600.5720(1)(g), no judgment for possession for nonpayment may enter where the rent was paid into an escrow account under MCL 125.530. In Detroit, a city correction notice allows seven days to cure under § 8-15-47(b), or a shorter period for an emergency or imminent danger under § 8-15-47(c).
Under § 22-7-4(b) a landlord must order a bed bug inspection within seven days after written or electronic notice.
Since January 1, 2025, § 8-15-86 has let tenants of a property without a Certificate of Compliance, or with documented violations posing a safety risk, pay rent into the city's Tenant Escrow Program. Read the current text of each section before relying on it.
What's Specific to Detroit
Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.
On repairs, Michigan law and Detroit's code do different jobs. The covenant, the rent deduction and the escrow defense come from the state sections.
Correction notices, a bed bug clock and a city rent escrow come from Detroit's Property Maintenance Code and its bed bug article.
Detroit's main clock runs from the city. Under Detroit City Code § 8-15-47(b), the recipient of a city correction notice has seven days to cure every violation listed in it. § 8-15-47(c) lets the notice set a shorter period for a condition that creates an emergency or presents an imminent danger to health or safety.
That count starts when the city issues its notice, not when you first report the problem. In the Detroit sections our record read, no deadline to complete a repair runs from a tenant's own request.
The cure period is printed on the notice itself, so the notice is the document to keep.
Bed bugs have an article of their own. Under § 22-7-4(b), a landlord must order an inspection by a pest management professional within seven days after written or electronic notice of a suspected infestation.
Treatment must begin within seven days after an infestation is confirmed. This is the one Detroit clock in our record that a tenant's own written or electronic report sets running, and what it requires is an order for an inspection rather than a finished repair.
Detroit also lets the rent follow the condition. Since January 1, 2025, Ordinance No. 2024-47 has let tenants pay rent into a city Tenant Escrow Program under § 8-15-86.
The property must lack a Certificate of Compliance or have documented Property Maintenance Code violations that "pose a safety risk to the tenant".
The program carries duties of its own. Under § 8-15-86(d) the tenant must notify the owner, and under § 8-15-86(f)(1) the account is reviewed at least every 120 days. § 8-15-88(b) treats an owner's failure to obtain a Certificate of Compliance as a breach of lease for MCL 600.5720(1)(f).
Which copy of the code you open matters here. Municode's codified copy, marked as codified through Ordinance No. 2024-32 effective June 25, 2024, still prints the earlier escrow wording in § 8-15-82(d).
The escrow sections on this page come from Ordinance No. 2024-47 as enacted, which Municode's ordinance bank records as passed October 29, 2024 and effective January 1, 2025.
The city layer points back to the state one. § 8-15-34(e)(5) directs the Public Health Director to inspect to ensure compliance with the Housing Law of Michigan, MCL 125.401 et seq. Read § 8-15-47, § 22-7-4 and § 8-15-86 as they stand on the day you need them.
Useful. MCL 125.536 gives an occupant a damages action where the owner fails to correct a violation after notice, and a dated written request shows when notice was given.
Good. MCL 554.139(1) writes that covenant into every residential lease, so a paragraph that repeats it leaves nothing to argue about.
Check your lease term first. § 554.139(2) lets the parties modify the landlord's duties where the lease or license "has a current term of at least 1 year."
Question it. MCL 600.5741 has a court deduct rent excused by the landlord's breach, and Detroit's § 8-15-86 lets qualifying tenants pay rent into the city's escrow program.
Sources
The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.
- Mich. Comp. Laws § 554.139; Mich. Comp. Laws § 125.532; Mich. Comp. Laws § 125.536; Mich. Comp. Laws § 125.530; Mich. Comp. Laws § 600.5741; Mich. Comp. Laws § 600.5720; Detroit City Code § 8-15-47; Detroit City Code § 8-15-86; Detroit City Code § 22-7-4, read on web.archive.org. The Michigan Legislature's page for MCL 554.139, in an archived copy dated August 15, 2025, marks the compiled laws as complete through Public Act 5 of 2025.
Red Flags to Watch Out For
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A repair promise with no timetable
The Michigan sections we read set no day count for a repair after you ask. Date every written request, because the routes that follow run through an inspector or a court.
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Every repair charged to the tenant
MCL 554.139(1) excepts disrepair caused by the tenant's "wilful or irresponsible conduct or lack of conduct". A clause billing you for all repairs reaches past that exception, so read it against your lease term under § 554.139(2).
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Seven days counted from your request
Detroit's seven days in § 8-15-47(b) runs from a city correction notice. A lease giving the landlord seven days from your own request takes the city's figure and moves its starting point.
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Bed bugs left to a phone call
§ 22-7-4(b) starts the landlord's seven days to order a professional inspection on written or electronic notice. A report made in writing fixes the date the clock began.
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Rent owed whatever the condition
MCL 600.5741 lets a court deduct rent excused by the landlord's breach, and MCL 600.5720(1)(g) bars a judgment for possession for nonpayment where rent went into escrow under MCL 125.530.
Your Rights as a Detroit Tenant
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A repair covenant in every lease
MCL 554.139(1) has the landlord covenant that the premises are fit for the use intended and kept in reasonable repair during the term of the lease or license.
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Rent reduced for the landlord's breach
In an eviction for unpaid rent, MCL 600.5741 has the judge or jury deduct any portion of the rent excused by the landlord's breach of the lease or of the statutory covenants.
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A city cure period
Detroit City Code § 8-15-47(b) gives the recipient of a correction notice seven days to cure, and § 8-15-47(c) lets the notice set less for an emergency or imminent danger.
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A city rent escrow
§ 8-15-86(b) says tenants "may pay their rent into the Tenant Escrow Program" where the property lacks a Certificate of Compliance or has documented violations that pose a safety risk to the tenant.
What To Do - Step by Step
Write to the landlord and keep a copy
Name the unit, the defect and the date. MCL 125.536 ties an occupant's damages action to the owner's failure to correct a violation after notice.
Photograph the condition with dates
The covenant in MCL 554.139(1) does not reach disrepair caused by the tenant's wilful or irresponsible conduct. Dated photographs and a note of what failed help show where the problem came from.
Report bed bugs in writing
Under § 22-7-4(b) the landlord's seven days to order a professional inspection runs from written or electronic notice, and treatment must begin within seven days of confirmation.
Read the date on any city correction notice
§ 8-15-47(b) gives the recipient seven days to cure, and § 8-15-47(c) lets the notice set a shorter period for an emergency or imminent danger to health or safety.
Check the escrow conditions before redirecting rent
§ 8-15-86(b) requires a missing Certificate of Compliance or documented violations posing a safety risk, and § 8-15-86(d) makes the tenant responsible for notifying the owner.
Take advice before holding back rent
Paying rent anywhere but to the landlord changes your position in an eviction for nonpayment. Michigan legal aid or a tenant advice service can go through MCL 600.5741 and MCL 600.5720 with you, and read the current text of each yourself.