[MI] [MI] Is it legal for my lease to require me to pay for any repairs under $300?
Is it legal in Michigan to have a clause in an apartment lease that says the tenant is responsible for any repairs under $300?
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Here's a breakdown of the law and your options.
Short Answer:
The law does not require you to pay for repairs. You only have to pay for things you actually damage. Any necessary repair to maintain habitability is the landlord’s responsibility.
Long Answer:
Under Michigan law, landlords must make necessary repairs to keep the premises habitable. (MCL 554.139)
Your lease clause attempting to shift all repairs under $300 to you is not enforceable for necessary repairs. You should not be paying for repairs like Freon in an A/C system or lock issues unless you damaged them.
What You Can Do:
You don’t need a lawyer to start addressing this.
You can send a demand letter to the landlord, citing the law and stating that repairs are the landlord’s responsibility unless you caused the damage.
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Is it legal in Michigan to have a clause in an apartment lease that says the tenant is responsible for any repairs under $300?
Lexi, Chatbot
I understand your concern. Can you tell me more about the specific repair clause in your apartment lease?
In my lease are the following paragraphs:
Contract is amended/supplemented as follows:
"The lease states: Each repair ≤ $300.00 is to be covered by the lessee. Contact the lessor for repairs > $300.00. Items include light bulbs, smoke detector batteries, etc."
Maintenance and repairs:
"Lessor agrees to make all necessary exterior and structural repairs to the premises and electric, gas, plumbing, and heating systems, if any, which may become necessary. Lessee agrees not to hold lessor responsible for failure to repair unless lessee has notified lessor of the need for repair in writing and a reasonable amount of time has passed after such notice."
Lexi, Chatbot
Have you encountered any repair issues or disputes related to this clause in your lease agreement?
Yes.
Lexi, Chatbot
Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured they’ll be able to help with your repair issues.
No.
Michael M. Esq.
Hello! My name is Michael, and I'm an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts.
Can you tell me what specific repairs you’ve had to pay for so far under this clause, and whether any of them involved essential systems like plumbing, heating, or electrical?
I have had to pay for Freon to be added to my air conditioning system, other repairs to that system, and maintenance to the exterior door frame of the condo because the key couldn’t be inserted into the lock.
Michael M. Esq.
Thanks for sharing those details. Did the landlord give you any written explanation or justification for why these specific repairs were considered your responsibility under the lease?
No—he just said all repairs would be my responsibility if under $300.00, starting with a new lease a few years back.
Michael M. Esq.
Understood. So you’re just wondering what your rights are here, correct?
Yes. What should I do going forward, and would it be worth my while to try to recoup the money I have spent in the past? My landlord is not a very kind person.
I’m also wondering if it would cost more to hire an attorney for this than to just limp along and continue to pay for repairs…
Michael M. Esq.
Here's a breakdown of the law and your options.
Short Answer:
The law does not require you to pay for repairs. You only have to pay for things you actually damage. Any necessary repair to maintain habitability is the landlord’s responsibility.
Long Answer:
Under Michigan law, landlords must make necessary repairs to keep the premises habitable. (MCL 554.139)
Your lease clause attempting to shift all repairs under $300 to you is not enforceable for necessary repairs. You should not be paying for repairs like Freon in an A/C system or lock issues unless you damaged them.
What You Can Do:
You don’t need a lawyer to start addressing this.
You can send a demand letter to the landlord, citing the law and stating that repairs are the landlord’s responsibility unless you caused the damage.
What if they argue or threaten me somehow?
Michael M. Esq.
Retaliation is prohibited under Michigan law — specifically, MCL § 600.5720.
If your landlord retaliates against you for asserting your rights, you can sue them.
Another question—back when my landlord added this to the lease, I took it to a local attorney. He said it was legal! Why would he have said that?
Michael M. Esq.
I’m sorry the attorney said that clause was legal.
There is no loophole. Michigan law says the landlord must pay for repairs that are required to maintain habitability — not you.
Would I need an attorney to try to recoup the $750.00 I’ve already spent?
Michael M. Esq.
I sincerely doubt a lawyer would take on this case because of the low value involved.
Instead, consider small claims court — it’s designed for people without attorneys. The limit in Michigan is $6,500, so you can sue for the $750.
Steps to File in Small Claims Court:
1. Fill out the Affidavit and Claim, Small Claims form:
2. File it and pay the filing fee.
The clerk will assign your case a number and set a hearing date.
3. The court will serve the Defendant (your landlord).
You can choose personal service or certified mail:
- Certified mail: ~$15
- Personal service: ~$26 + mileage
- Bring documentation (receipts, photos, communication) to your hearing.
Learn more here:
Michael M. Esq.
For sure! Did I thoroughly address your question? Did I provide top-tier service to you?
If not, let me know so I can help!
Yes—you have answered my questions. The rest is probably for a therapist—to decide if I want to tangle with these unpleasant landlords or just move…
Thank you!
Michael M. Esq.
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