Michigan’s Habitability & Utility Basics
Michigan’s habitability standard (MCL 554.139) requires landlords to keep rental units “fit for the use intended,” which courts interpret to include essential utilities like heat, hot water, electricity, and sanitary facilities. Local housing codes add teeth, mandating:
- Indoor temperature ≥ 65 °F from Sept 15 – May 15.
- Hot water delivered at ≥120 °F.
- Safe electrical wiring capable of powering basic appliances.
If a landlord fails to provide these basics, tenants can pursue rent escrow, repair-and-deduct, or court orders—as detailed later in this guide. Remember that “habitability” is a non-waivable right: a lease clause saying “tenant responsible for boiler repairs” is unenforceable.
Who Pays What? (Responsibility Matrix)
A lease can shift utility payments to tenants, but only with clear written disclosure and no markup over provider rates (MCL 460.9b). Use the table below as your quick-reference guide:
Utility | Default Legal Duty | When Landlord Can Shift | Required Lease Language |
---|---|---|---|
Heat (gas, boiler, furnace) | Landlord | Written clause + separate meter | “Tenant shall pay Consumers Energy gas bill directly” |
Electricity | Landlord | Separate meter or sub-meter disclosure | “Unit #2 has its own DTE account; tenant responsible” |
Hot & Cold Water | Landlord | Rare—city often prohibits split | “Tenant refunds water bill pro-rata within 10 days” |
Cooking Gas | Landlord | Apartment has individual meter | “Tenant establishes SEMCO Energy account at move-in” |
Trash / Recycling | Landlord | Never—municipal lien attaches to owner | Optional “Landlord pays curbside pick-up” assurance |
Internet & Cable | Tenant | Standard practice | N/A (usually handled by tenant) |
Utility Shut-Off Rules & Timelines
Michigan Public Service Commission (MPSC) rules protect tenants from sudden disconnections. Providers must follow the timeline below even if the account is in the landlord’s name:
Provider Notice | Minimum Days Before Shut-Off | Winter Moratorium? | Restoration Time After Payment |
---|---|---|---|
Initial Past-Due Reminder | 10 days | Yes | Within 24 hours |
Final Notice (“Pink Slip”) | 7 days | Yes | |
24-Hour Door Tag | 1 day | No | |
Medical Hold Notice | 15 days extension | Applies year-round | |
Senior / Active Military Hold | 21 days automatic | Yes | 24 hours |
The Winter Protection Plan (Nov 1 – Mar 31) bars heat shut-offs for seniors, low-income households, and active-duty military. Even outside winter, providers must restore service within 24 hours after payment or settlement.
Step-by-Step: Fixing Utility Problems
Follow this eight-step roadmap if your unit loses heat, power, or water:
- Re-read your lease to confirm stated responsibilities.
- Document the outage—take a thermometer photo, note exact time, save provider texts.
- Send a written notice demanding restoration within 24 hours.
- Call the utility to confirm if billing is in arrears or if there’s a line issue.
- File a complaint with the local housing inspector.
- Escrow rent under MCL 600.5634 until utilities are restored.
- Seek free mediation if the dispute stalls.
- Pursue small-claims or consult an attorney.
Sample Notice to Landlord
[Your Name]
[Rental Address]
[City, MI ZIP]
[Date]
RE: Loss of [Heat/Water/Electricity] in Unit
Dear [Landlord Name],
Pursuant to MCL 554.139, our apartment must remain fit and habitable. As of [time] on [date], the [utility] is unavailable, making the unit unsafe. Please restore service within 24 hours or I will pursue rent escrow and other legal remedies.
Sincerely,
[Your Signature]
Send via certified mail or hand-deliver with a witness. Generate a full template in our Sample Letters tool.
Negotiating Utilities Before Lease Signing
Utilities can become a hidden cost. Use these negotiation tactics before you sign:
- Utility Cap Clause: Landlord pays any amount exceeding $150/month in winter.
- Historic Bills: Request the prior 12-month energy summary—landlord must comply.
- Trash on Owner: Municipal trash liens attach to property owners, so ask landlord to keep this bill.
- Smart Thermostat: Offer to split the cost; tenants save on heating and landlord gains asset value.
Utility Cost Split Calculator
Wondering how to fairly divide utilities with roommates? Enter your numbers below.
Key Statutes & Further Reading
- MCL 554.139 – Landlord duty of habitability
- MCL 460.9b – Sub-metering & utility resale rules
- MPSC Rule 460.123 – Residential shut-off procedures
- Tenant Rights Overview
- Move-In & Move-Out Guide
- Late Rent Fees Explained
- Security Deposit Rules
- Michigan Public Service Commission
Frequently Asked Questions
This guide is informational and does not constitute legal advice. Always review your lease and consult an attorney for guidance on your specific situation.