What Qualifies as an Emergency in Michigan?
Emergencies are defects that threaten life, health, or significant property damage. Michigan’s habitability statute (MCL 554.139) and decades of district-court precedent group the following under “urgent”:
- No operable heat during the heating season (Sept 1 – May 31)
- Total loss of electricity not caused by the utility company
- Burst pipes or active water leaks compromising walls, ceilings, or flooring
- Sewage back-ups or non-functioning toilets in single-bath units
- Broken exterior doors, locks, or windows exposing the unit
- Detectable natural-gas or carbon-monoxide leaks
- Fire or extensive smoke damage
Rule of Thumb: If delay could injure someone or destroy property, treat it as an emergency and start the legal clock immediately.
Heat Failure & Michigan Winter Thresholds
State housing law demands indoor temperatures remain at least 65 °F in habitable rooms. Local codes often raise that to 68 °F. Judges consider outside temperature when deciding whether a furnace outage is “emergency” or “urgent but not dire.”
Heat-Loss Response Expectations
| Outdoor Temp (°F) | Landlord Response Deadline |
|---|
| ≤ 10° | Within 12 hours |
| 11°–30° | Within 18 hours |
| 31°–45° | Within 24 hours |
| > 45° | Within 36 hours |
Use an inexpensive digital thermometer. Photograph its reading alongside a clock or phone display showing date and time. EXIF data becomes powerful courtroom evidence.
Water, Burst Pipes & Mold Risk
Broken plumbing can escalate from nuisance to catastrophe in 48 hours. Mold spores begin colonizing damp drywall quickly, so prompt action is vital.
Why the Main Shut-Off Valve Matters
Michigan law assigns landlords responsibility for maintaining plumbing systems in multi-unit dwellings, including the main shut-off. Tenants may close the valve to stop flooding but should not attempt permanent repairs unless authorized.
Pro Tip: Film a 10-second clip showing the gushing pipe, then the valve turn-off. This demonstrates prompt mitigation and prevents negligence claims.
Sewage & Sanitation Hazards
Sewage back-ups trigger immediate health-department violations. Raw effluent carries E. coli, hepatitis, and parasites. County inspectors (call 24-hour hotline) can issue emergency abatement orders that compel landlords to hire certified remediation crews.
For a broader understanding of fit-and-habitable duties, see our habitability standards guide.
Notice & Landlord Access Rules
Emergencies override the usual 24-hour entry notice. Your landlord—or a licensed contractor—may enter immediately to stem damage or restore services. Still, best practice is to:
- Call or text first and keep screenshots of outgoing messages.
- Leave a concise voice mail: “Hi [Name], water is pouring from the upstairs ceiling at 7:42 p.m. on March 3. Please send a plumber tonight.”
- Send a certified follow-up letter the next business day confirming the issue and your call.
Grab a full letter template in our sample-letters tool.
Michigan’s 24/72-Hour Legal Clock
Statutes and common-law impose two key deadlines: landlords must acknowledge notice within 24 hours and fix or mitigate within 72 hours, barring circumstances outside their control.
24-/72-Hour Emergency Repair Deadlines
| Issue | Landlord Acknowledgement | Full Repair / Mitigation |
|---|
| No heat < 45 °F | 24 h | 72 h |
| Burst pipe / active leak | 12 h | 48 h |
| Sewage back-up | 12 h | 48 h |
| Broken exterior lock | 6 h | 24 h |
| Gas / CO leak | Immediate | Mitigate ASAP* |
- 0 h
Defect occurs
- 12 h
Tenant notice
- 24 h
Landlord response
- 48 h
Repairs underway
- 72 h
Tenant options open
Step-by-Step Tenant Action Plan
Follow these five moves to stay on the right side of the law—and the judge.
- Call or text immediately. Save call logs and screenshots.
- Certified letter next business day. Use USPS Form 3800; keep the green card.
- Code inspector if 24 hours pass with no action. Google “[Your County] housing code enforcement” for the hotline.
- Emergency services (fire, gas utility) if life safety is threatened.
- Document every cost. Receipts, estimates, and before/after photos justify any deduction.
Worried about blowback? Read our retaliation protections guide.
Repair-and-Deduct Without Getting Sued
Michigan lets tenants pay for fixes and deduct from rent—but only within strict limits.
Flowchart Overview
- 72 hours pass & no reasonable fix
- Secure two written estimates from licensed contractors
- Select the lower bid & schedule work
- Pay invoice; keep original receipt
- Mail itemized accounting with next rent
- Maximum deduction: $200 or half one month’s rent, whichever is greater (MCL 600.1487)
Pro Tip: Email the estimates to your landlord before hiring. It shows good faith and often speeds approval.
Document Everything & Prepare for Small Claims
Good records turn “he-said, she-said” into an open-and-shut refund case. Michigan small-claims courts cover disputes up to $7 000 (2025 limit). Filing fees run $30–$75.
Emergency Repair Log
If costs exceed the statutory cap, sue for reimbursement or negotiate via community mediation. Remember, insurers may deny water-damage claims if negligence—like ignoring a small leak—caused escalation.
Frequently Asked Questions
Not for emergencies. Michigan courts allow rent withholding only when the unit is legally uninhabitable and proper notice has been given. Even then, judges prefer escrow—paying the court or a dedicated account—until the dispute resolves.
For small jobs under $600, Michigan law does not always require licensing, but using a licensed professional protects you if the landlord challenges the quality or safety of the work.
Send notice to the registered agent listed on your lease or the address filed with the Secretary of State. If no agent exists, document attempted contacts and proceed with local code enforcement.
Retaliatory eviction is illegal under MCL 600.5720. Any eviction filed within 90 days of a code complaint is presumed retaliatory unless the landlord proves otherwise.
Courts occasionally allow reasonable hotel costs when temperatures pose health risks, but only if you notified the landlord first and chose modest accommodations. Keep itemized receipts and be prepared to show why staying was unsafe.
The statutory cap—$200 or half one month’s rent—applies per repair incident. However, judges may stack deductions if each issue was separately noticed and documented. Always provide itemized proof.
