Michigan Subletting Rules Explained

Prospective subtenant signs Michigan sublease agreement with original tenant present

Quick Overview & Key Takeaways

Michigan law doesn’t explicitly guarantee your right to sublet—your lease is king. If the lease is silent, courts usually apply a “reasonableness” standard, meaning a landlord can’t withhold consent without a solid reason. You must treat subletting like a mini-rental business: vet the subtenant, get written consent, and document every dollar. Skip those steps and you could face double rent, forfeited deposits, or an eviction for unauthorized occupants.

  • 30-day rule: If your lease is silent, written requests left unanswered for 30 days are often deemed approved (MCL §554.632 case law).
  • Consent fees: Michigan allows “reasonable” processing fees if the lease spells them out—$50–$100 is common.
  • Deposit hand-off: Always document who holds the original security deposit to avoid finger-pointing later.

Is Subletting Allowed by Your Lease?

Your first stop is the fine print. Below are three real-world clause variants and how each shapes your next move.

1. Prohibited: “Tenant shall not assign or sublet the premises under any circumstances.”
   – Translation: You need a lease amendment or face eviction.

2. Conditional Consent: “Tenant may sublet with Landlord’s prior written approval, such consent not to be unreasonably withheld.”
   – Translation: Send a formal request; landlord must give a rational reason to refuse.

3. Silent Clause: Lease says nothing about subletting.
   – Translation: Michigan courts default to reasonableness under contract law. Provide notice and wait 30 days.
Checklist for Reading Your Lease
  • Search for “assign,” “sublet,” or “re-rent.”
  • Note any processing fees or timelines.
  • Confirm if rent mark-ups are forbidden.
  • Identify required forms (some managers have in-house templates).

Step-by-Step Approval Process

  1. Confirm lease language. Screenshot the clause for your records.
  2. Draft a written request. Include subtenant’s name, move-in date, and proposed rent.
  3. Provide supporting docs. Attach ICHAT criminal check, credit score, and employment letter.
  4. Send via certified mail and email for a paper trail.
  5. Wait for response. Calendar the lease’s deadline (14–30 days).
  6. Follow up politely at halfway point.
  7. If approved, sign the addendum (see template).
  8. Collect prorated rent & deposit.
  9. Do a walk-through. Photos protect everyone.
  10. Notify utilities & renters-insurance.

Sublet Profit/Loss Calculator

Use this sublet profit calculator to see if you’ll save or lose money. Michigan leases often ban “profiteering,” so charging more than face rent could breach your agreement.

Risk Mitigation & Best Practices

Do

  • Get written consent from landlord.
  • Add a renters-insurance rider naming landlord & original tenant.
  • Use a sublease addendum with joint & several liability.
  • Document smoke-detector status on move-in.

Don’t

  • Rely on a handshake agreement.
  • Exceed legal occupancy limits.
  • Comingle security deposits.
  • Charge above market if lease bans mark-ups.

Sample Michigan Sublease Addendum

Scroll and copy this template, then attach it to your primary lease. Landlord consent block satisfies most property-manager requirements.

SUBLEASE ADDENDUM – MICHIGAN (2025)

1. PARTIES
   Original Tenant (Sublessor): ______________________
   Sub-Tenant (Sublessee): __________________________
   Landlord/Agent: _________________________________

2. PREMISES
   Address: _______________________________________
   Lease Start: _____________  Lease End: ___________

3. RENT & DEPOSIT
   Monthly Sub-Rent: $________ payable to ____________
   Security Deposit Held By: _________________________
   Deposit Amount: $________ (to be returned within 30 days of vacate)

4. UTILITIES
   Sub-Tenant pays: ☐ Electric ☐ Gas ☐ Water ☐ Internet ☐ Other ____________

5. LIABILITY
   All parties are jointly & severally liable under the Master Lease dated ____________.

6. RULES
   Sub-Tenant agrees to comply with all lease terms, house rules, and applicable laws.

7. INSPECTION
   Move-in checklist completed on __________; copy provided to all parties.

8. TERMINATION
   Sub-Tenant vacates on or before __________. Holdover rent = $_____ per day.

9. LANDLORD CONSENT
   Landlord consents to this sublease and releases no party from existing obligations.

________________________________________________________
Original Tenant (Date)

________________________________________________________
Sub-Tenant (Date)

________________________________________________________
Landlord / Agent (Date)

Common Disputes & Resolutions

Michigan’s deposit statute still applies. Send a 7-day demand letter, then file small-claims for double damages under MCL §554.613. Mediation can also resolve faster—see our comparison guide.

Issue a 7-day “Demand for Possession” in the sub-tenant’s name and your own. If unresolved, the landlord may file eviction naming all occupants. Keep proof of notice to defend against unpaid-rent claims in court.

Use your move-in photos plus the checklist. You can deduct from the sub-tenant’s deposit only if you provided an itemized list within 30 days. Otherwise, you must refund first and sue for damages—same rules as landlords follow.

Frequently Asked Questions

Yes—if the lease authorizes it and the amount is “reasonable.” Courts usually allow administrative fees between $50 and $150. Anything higher may be struck down as unconscionable. If your lease is silent, you can negotiate or challenge it in small-claims court.

Most Michigan leases forbid “transient or hotel use.” Even a weekend Airbnb guest can breach zoning or lease clauses. Obtain explicit permission and ensure local ordinances allow short-term rentals.

Ideally the landlord. If you keep it, escrow the funds and transfer any deductions with receipts. Otherwise, both tenants may sue you for mishandling deposits under MCL §554.602-613.

Late rent, eviction judgments, or collection actions appear on credit and tenant-screening reports. Mitigate risk by screening sub-tenants, using joint liability clauses, and keeping proof of payments.

Need personalized advice? Contact Michigan legal aid or consult a qualified attorney.