PA 199 of 2010 - Amends Landlord and Tenant Relationship Act

PUBLIC ACT 199 OF 2010

TENANT/LANDLORD RENTAL AGREEMENT RELEASE DUE TO PRESENT DANGER

Governor Granholm signed Public Act 199 of 2010 on October 5th. The Act amends 1972 PA 348, which regulates the relationships between landlords and tenants relative to rental agreements for rental units.

PA 199 allows a tenant who has "reasonable apprehension of present danger to the tenant or his or her child from domestic violence, sexual assault, or stalking while that person is a tenant shall be released from his or her rental payment in accordance with section." A written notice, sent by certified mail, is required. In addition to the written notice, a tenant is required to provide one of the following documents to the landlord:

●A valid personal protection order or foreign protection order

●A valid probation order, conditional release order, or a parole order that includes a condition that the individual is not to have contact with the tenant or the tenant's child

●A written police report

●A report verified by a qualified third party on a form substantially similar to the form provided in the Act

The tenant, upon submitting written notice and documentation, is released from the rental payment obligation no later than the first day of the second month that rent is due after notice is given. This release does not apply to prepaid amounts, nor does it prevent a landlord form withholding security deposits.

Because of the Act, rental agreements should now contain a provision that states, "A tenant who has a reasonable apprehension of present danger to him or her or his or her child from domestic violence, sexual assault, or stalking may have special statutory rights to seek a release of rental obligation under MCL 554.601b."  If a rental agreement doesn't have this provision in it, a landlord must post a written notice of it in a visible place in their office, or deliver a written notice to the tenant when the lease agreement is signed. The wording in the written notice must be identical to the provision above.

Landlords shall only provide forwarding address information as reasonably needed to conduct ordinary business. They shall not intentionally provide forwarding address information to the person identified as the person listed on the above mentioned documents. If other tenants were party to the lease, they are still obligated to the rental agreement.

For a complete copy of PA 199, click here.