present landlord meaning

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1. Enter Without Proper Notice

2. unlawfully evict tenants, 3. unjustifiably raise the rent, 4. discriminate against tenants, the bottom line.

• Home Ownership

4 Things Landlords Are Not Allowed to Do

Homeownership may be a part of the American Dream—but in reality, roughly one in three American households (nearly 36%) lives in rentals, according to a 2020 report by the Joint Center for Housing Studies of Harvard University.

Renting has also become much more common among the age groups and family types that were traditionally more likely to own their housing. The report found—in fact, rentership rates for all age groups under 65 are at historic highs.

Since you’re dealing with something as vital and intimate as a person’s home—even if it’s only temporary—it’s important that everyone involved in the lease understands their legal rights .

Landlord-tenant laws generally fall under the jurisdiction of individual states. But since many state laws are very similar in scope, tenants and landlords throughout the U.S. should expect that no matter where they're located, these are four things property owners should never do when they're renting out a unit.

Key Takeaways

• Although landlord-tenant laws vary by state, there is generally some uniformity in certain areas.
• Landlords cannot enter tenanted properties without giving proper notice.
• Landlords cannot arbitrarily end someone's tenancy before the lease expires.
• Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.
• The Fair Housing Act prohibits a landlord from discrimination in renting, representing properties, or providing services to tenants.

Even though the premises technically belongs to them, landlords can’t enter a rented home whenever they feel like it. According to many state statutes, they must provide at least 24-hour notice if they wish to enter an occupied property.

The notice must outline the reason for access and must be given in writing unless indicated otherwise by the tenant. (In some states, you must receive the tenant's specific approval to provide notices electronically—that is, through email or text message.)

When a landlord gives proper notice, whether it is to make repairs, conduct a routine inspection, show the property to prospective future tenants , or carry out any other reasonable request, their tenant may have to invite them to the unit.

9 a.m. to 5 p.m.

The only hours that landlords can enter a renter's unit in many jurisdictions: in other words, regular business hours on weekdays, from Monday to Friday.

A tenant cannot deny a landlord access to the property when proper notice is given, and the request is reasonable. However, the occupant may request to change the date or put in a clause in the lease to limit the number of times the landlord can enter the unit.

Exceptions and Violations

Even states that mandate advance-notice rules allow exceptions. There are two that usually apply: A landlord may enter the premises in an emergency, such as a fire or leak, or if they believe the tenant has abandoned the property .

A tenant who feels that their landlord violated the rules by entering their premises in a non-emergency without giving notice does have a few options. The first is to let the landlord know of the problem. If that doesn't work, the tenant may be able to bring it to the attention of the local or state housing authority or file a trespassing claim with local police or the court system.

A landlord may evict a tenant for many reasons, but they must go through the proper legal channels and give the tenant due notice. The amount of days necessary for due notice varies by state and can range from nearly immediate to 30 days or more.

A landlord who does not follow the correct protocol generally faces an uphill legal battle if they end the rental agreement or a tenant's occupancy before the lease expires. Landlords who abruptly lock a tenant out of the property without warning may fall within the definition of retaliatory eviction . Not only that but they may also be slapped with trespassing or burglary charges. Similarly, turning off utilities could be seen as intentionally putting a tenant in danger, especially if the local climate is prone to extreme heat or cold.

If a landlord violates housing laws, a tenant may be entitled to remedies, including monetary damages.

On Sept. 1, 2020, the Centers for Disease Control and Prevention (CDC) issued an Agency Order, applying to residents earning less than a specified amount, the order banned evictions for nonpayment of rent. The order was extended several times due to an ongoing state of emergency due to the coronavirus pandemic. However, the federal ban ended on Aug. 26, 2021, and it was left up to the states to decide if to extend it.

A lease is a legally binding contract. Once signed, there are very few circumstances under which the landlord can raise the rent . The only way the terms can be changed is if the increase meets a certain set of conditions in the lease itself. These may include:

• A new tenant joining the household
• The addition of a pet
• If the landlord significantly remodels part of the property

Landlords may also increase rent if the property is located in a city with rent-control or rent-stabilized ordinances that permit such changes. These ordinances define the circumstances under which the rent of qualifying properties—usually older ones—can be changed, and by how much. Increases might be tied to the rate of inflation , for example.

Unlike the other regulations, which stem from the states, the rules forbidding discrimination come from the federal government. The Fair Housing Act of 1968, also known as Title VIII of the Civil Rights Act of 1968, forbids anyone—including landlords—from refusing to rent to an applicant based on:

• National origin
• Sexual orientation
• Familial status

For example, you cannot advertise your rental property as being for families or individuals with no children allowed—yes, even families with children are protected under the FHA. Similarly, you cannot provide different terms or agreements for members of different protected classes than you do for other tenants.

The U.S. Department of Housing and Urban Development (HUD) 's Office of Fair Housing and Equal Opportunity (FHEO) acts as the chief enforcer of the FHA. On Feb. 11, 2021, HUD announced that it "will administer and enforce the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity."

Investopedia / Michela Buttignol

Can My Landlord Evict Me?

Yes. A landlord may be within their rights to evict you but they must give sufficient notice and in most states, the owner must bring a court proceeding and obtain a judgment of possession from the housing court. Each state has its own set of landlord-tenant laws.

Can My Landlord Enter My Home?

Yes. A landlord can enter your home. However, the landlord must give proper notice to a tenant when they need to enter to conduct an inspection, show the property, or repair damage in the apartment.

Is It Hard To Be a Landlord?

If you want to become a landlord, you must be willing to put in the time and effort, it takes to be a good one. Being a landlord can be expensive, from purchasing a property to maintaining, plus it can be a risky venture, if tenants refuse to pay their rent or damage your property.

Property owners have to put in a lot of time, money, and effort if they want to become a landlord . And part of that effort means understanding what the law does and doesn't allow them to do. Although a landlord may own a rental property, tenants have unique protections from discrimination, harassment, arbitrary rent increases, and wrongful eviction.

Aside from those dealing with discrimination, landlord-tenant laws vary by state, but as long as landlords maintain the home and leave tenants in peace—and tenants respect the property and pay their rent on time—chances are that neither will have to consult local statutes or complain to local authorities.

Joint Center for Housing Studies at Harvard University. " America's Rental Housing 2020 ," Page 7.

Joint Center for Housing Studies at Harvard University. " America's Rental Housing 2020 ," Pages 1 and 7.

Nolo. " State Laws on Landlord's Access to Rental Property ."

Nolo. " State Laws on Termination for Nonpayment of Rent ."

Nolo. " How Evictions Work: Rules for Landlords and Property Managers ."

National Low Income Housing Coalition. " C.D.C. Eviction Moratorium Fact Sheet ."

National Low Income Housing Coalition. " Federal Eviction Moratorium ."

Nolo. " What is Rent Control? "

U.S. Department of Housing and Urban Development. " Report Housing Discrimination ."

U.S. Dept. of Housing and Urban Development. " Implementation of Executive Order 13988 on the Enforcement of the Fair Housing Act ."

American Apartment Owners Association. " Landlord Tenant Laws ."

• Lease Definition and Complete Guide to Renting 1 of 22
• 10 Reasons Why Renting Could Be Better Than Buying 2 of 22
• When Is the Best Time to Rent an Apartment? 3 of 22
• How Microeconomics Affects Everyday Life: Renting an Apartment 4 of 22
• 7 Homeowner Costs Renters Don’t Pay 5 of 22
• Tips for Renting a Vacation House 6 of 22
• Rent-to-Own Homes: How the Process Works 7 of 22
• How to Read a Lease 8 of 22
• Rent Control: Definition, How It Works, Vs. Rent Stabilization 9 of 22
• Rent Ceiling: Meaning, Pros and Cons, Example 10 of 22
• Step-Up Lease: What it Means, How it Works 11 of 22
• 4 Things Landlords Are Not Allowed to Do 12 of 22
• Eviction: Definition and How It Works Under the Law 13 of 22
• Retaliatory Eviction: Meaning, Legal Eviction, Example 14 of 22
• Lessee: The Person That Rents a Property 15 of 22
• Month-to-Month Tenancy: Pros and Cons of Short Term Renting 16 of 22
• Tenancy-at-Will: Definition, How It Works, Protections, and Rules 17 of 22
• Holdover Tenant: Definition and Legal Rights 18 of 22
• Homeowners Insurance vs. Renter’s Insurance: What’s the Difference? 19 of 22
• Renters Insurance: What It Is and How It Works 20 of 22
• Comprehensive Guide to Renters Insurance 21 of 22
• Best Renters Insurance Providers 22 of 22

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Landlords' Legal Rights & Duties

Owning a rental property can be a great investment, and an important component of your long term financial plans. However, renting your property out to tenants can carry some risks, and it is important to be well-informed before undertaking this responsibility. As a landlord, you should become familiar with the basic documents that will set forth the terms of your tenancy, know how to screen for good tenants, understand your rights and duties as a landlord as well as those belonging to your tenant(s), and be aware of how tenancies can legally end, among other things.

Leases and Rental Agreements

Before you begin looking for tenants, you will likely need to determine whether you plan to offer a monthly rental agreement or a lease with a longer term. Month-to-month rental agreements generally renew automatically every 30 days unless one of the parties gives 30 days’ notice that they wish to end the tenancy or change any of the other terms, such as the amount of rent to be paid, though some states require more notice. Leases typically cover longer periods of time, such as 12 months or more, after which time neither party is obligated to continue the tenancy though they can sign a new lease if they choose to. A tenant who signs a lease agrees to live in and pay rent on the rented premises for the full duration of the lease, and the landlord agrees not to raise the rent during the lease period.

Leases and rental agreements should also include information about security deposits .

Both month-to-month rental agreements and longer term leases establish in detail all of the rules and protections that will apply to the tenancy. Leases provide more stability for both parties, but monthly rental agreements can provide the flexibility to end the agreement after a shorter period of time if either party so desires. Any lease or rental agreement should clearly define who the parties to the agreement are, whether there will be single or multiple tenants, and whether subletting or assignment will be allowed.

Screening Tenants

As a landlord you will want to find reliable tenants who have good credit and secure income, and who will respect the terms of their lease or rental agreement. Prospective tenants should fill out a rental application, and you will want to obtain and review a credit report for each applicant. It is also critical to verify a prospective tenant’s identity, and it can be a good idea to check local court or other public records to determine whether an applicant has a history of eviction or collection actions, or any relevant criminal history. When screening prospective tenants it is important to be mindful of federal anti-discrimination laws that make it illegal to discriminate based on factors including race, color, national origin, sex, religion, age, disability, or familial status. State and local laws in many jurisdictions prohibit discrimination based on sexual orientation or gender identity. Further, state and federal protections mandate reasonable accommodations for tenants with disabilities.

Rights and Duties

Landlords have some responsibility for protecting tenant safety , addressing hazards and crime, and accommodating tenants with disabilities.

An agreement between a landlord and a tenant establishes the rights and responsibilities of both parties. State and local laws can vary, but as a landlord, you will generally be responsible for providing your tenants with a “ habitable ” dwelling, meaning that basic requirements for human occupancy such as having electricity, running water, a pest-free environment, and secure windows and doors must be met. Your rental unit should be comfortable and safe, and it is especially important to remove dangers to children. In many jurisdictions, tenants can withhold rent if these requirements are not met, and you can be fined for failing to cure housing code violations of this nature. You may also be held liable in the event that a tenant is injured due to unsafe conditions in your rental property. Further, it is important to keep in mind that tenants have a right to “quiet enjoyment” of the premises, meaning that you generally must give at least 24 hours’ notice or have the tenant’s permission before physically entering the rental property to make repairs or for other reasons.

Ending a Tenancy

In most situations, the terms of your lease or rental agreement will determine when and how a tenancy will end . Both types of agreements often require 30 days’ notice if either party intends to leave or change the current arrangement. If the tenant is moving out and has left the property undamaged, you will generally need to return their security deposit within a certain amount of time as determined by state or local law; failure to do so can lead to a small claims court action being filed against you.

Sometimes tenants do not abide by the terms of their lease or rental agreement, either through failure to pay rent, damaging the property, disturbing other tenants, or engaging in criminal activity on the premises, and you need to pursue an eviction . Depending on the severity of the violations, you may not need to give the tenant more than five or ten days’ notice to move out. In most states, if the tenant won’t leave, the landlord must file and win an eviction lawsuit in order for law enforcement officers to physically facilitate the eviction. Even if you win a monetary judgment against the tenant, it is possible that you will later need to pursue a collections action in order to actually obtain the money the court has awarded you.

Last reviewed October 2023

Landlord - Tenant Law Center Contents   

• Landlord - Tenant Law Center
• Tenants' Legal Rights & Duties
• Screening Tenants & Legal Compliance for Landlords
• Preparing Leases and Rental Agreements
• Rent Rules & Related Legal Concerns for Landlords
• Security Deposits & Related Legal Requirements for Landlords
• Rental Property Management & Legal Considerations for Landlords
• Preparing Rental Property for a New Tenancy & Related Legal Concerns
• Recordkeeping Practices for Landlords & Legal Implications
• Setting Rules for Co-Tenants and Guests as a Landlord
• Handling Subleases and Assignments as a Landlord
• Repairing and Maintaining Rental Property as a Landlord
• Protecting Tenant Safety as a Landlord & Legal Obligations
• Addressing Health Hazards as a Landlord & Legal Obligations
• Providing Property Security as a Landlord & Avoiding Legal Liability
• When Landlords Have a Legal Right of Entry to Rental Units
• Ending a Tenancy as a Landlord & Related Legal Considerations
• The Tenant Move-Out Process & Legal Requirements for Landlords
• Handling Abandoned Tenant Property as a Landlord
• Resolving a Dispute With Your Tenant
• The Eviction Legal Process for Landlords
• Working With a Landlord Lawyer
• Landlords' Legal Rights & Duties — FAQs
• Housing Discrimination Law
• Eviction Laws and Forms: 50-State Survey
• Find a Landlord Tenant Lawyer

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landlord and tenant

Primary tabs.

Landlord and tenant refers to a special relationship between a lessor ( landlord ) and lessee ( tenant ). This relationship is more than just a lease , which is under contract law, because it is also under property law . The right to use the property, in this case a real estate, should be empowered even if it is not specified in the lease.

In a landlord and tenant relationship, the landlord only transfers the right to use and occupy the property, but the landlord must acknowledge the tenant reasonably if he or she wants to enter the property. The tenant must pay the rent for the lease. Failing to pay rent on time could lead to an eviction . See landlord-tenant law for more details.

[Last updated in July of 2020 by the Wex Definitions Team ]

• landlord & tenant
• wex definitions

Landlord Rights and Responsibilities

When you rent a home to someone, you are a landlord and the person renting the home is your tenant . As a landlord, you have certain rights and responsibilities. This article gives an overview of the different rights and responsibilities you have as a residential landlord.

How Do I Know If I’m a Landlord?

Many times, landlord-tenant relationships are obvious. You own the property and have a lease that says you are renting the property to a tenant.  You can be a landlord without a written lease if there is an oral agreement to rent the property between you and a tenant. Some situations can be less clear. For example, if you let a friend stay in your home for a few months and they agree to help pay for groceries and utilities, there may be a landlord-tenant relationship.

If the person living in your property refuses to leave after you ask, it is important to know whether there is a landlord-tenant relationship. To learn more, read How Do I Know If I Am a Landlord?

Rules about Leases

If there is a written lease, the law requires it to say some things and not others. To learn more about what can and cannot be part of a lease, read What’s In a Lease?

Most of the time changes to a lease must be agreed to by both the landlord and tenant in writing. A landlord can only change the lease on their own if all of the following is true:

• The lease specifically allows for this kind of change
• The landlord gives the tenant at least 30-day’s written notice
• The change is the result of a change to one or more of these:
• Local, state, or federal laws
• Property rules meant to protect health, safety, and peaceful enjoyment
• Increases in property taxes, utilities, or property insurance premiums the landlord must pay

These things apply to written leases, but not all leases are written. To learn more, read Oral Leases .

Basic Responsibilities

Making repairs.

A landlord must keep the rental home in good repair. For example, the landlord must repair plumbing problems, leaky roofs, and any issues with appliances that came with the rental home. If a tenant intentionally or very carelessly causes damage to the rental property, the landlord can charge the tenant for the costs of repair.

If there is a common area, the landlord must keep it in proper shape.

Not Making Repairs

When landlords do not make repairs, tenants can decide to withhold rent or pay for the repairs and deduct the amount from future rent. Typically, the tenant should ask in writing for the repairs before they do either of these things.

It is  important to remember that by not keeping the home in good repair the landlord violates Michigan law.

Quiet Enjoyment

A landlord must allow the tenant the ability to use and enjoy the rental property without landlord interference.  The general rule is that a landlord can only enter the rental property with the tenant's permission, except in emergencies.

Tenant Ending a Lease Early

The general rule is that for the entire lease term, the landlord must provide housing in good repair and the tenant must pay rent.  If the tenant violates a legal lease or there are other good reasons for an eviction case, the landlord can file one during the lease term.  In some circumstances, the tenant can end the lease early without responsibility for paying rent for the rest of the lease. 

If the tenant moves out before the lease ends apart from one of these reasons, the lease can say how these situations are treated.  The lease might allow the tenant to pay a lease termination fee to get out of paying rent for the rest of the lease.  If the tenant moves out without a legal excuse, the landlord must try to re-rent the property.

Domestic Violence

If the tenant wants to move because of domestic violence, stalking, or sexual assault, Michigan law lets them end the lease early. The tenant must give the landlord notice and will have to pay no more than 2 more months of rent. Ending a lease early because of this reason will not affect the tenant’s right to their security deposit.

To learn more, read Breaking a Lease in Domestic Violence Situations .

Eligibility for Senior Subsidized Housing or Becoming Incapable of Living Independently

If a tenant has lived in the rental unit for at least 13 months and the tenant becomes eligible for subsidized senior housing, they are allowed to end the lease with 60 days’ written notice and written proof of their eligibility. If a tenant has lived in the rental unit for at least 13 months and they can no longer live independently, they can also end the lease with 60 days’ written notice and a doctor’s notarized statement.

Serious Violations of Primary Responsibilities

If the landlord so seriously violates its responsibility to make repairs or not interfere with the tenant's use and enjoyment that it is difficult for the tenant to keep living there, it could justify the tenant ending the lease early without further responsibility to pay rent.

A Landlord’s Right to Make Decisions about the Rental Home

As a landlord, you have a lot of discretion (leeway) in deciding important things about your rental. Some examples include:

• The amount of rent you will charge
• Whether any utilities will be included in rent 
• Whether to require a tenant to get renter’s insurance
• Whether your tenant will be responsible for landscaping and snow removal
• Whether to allow subleasing, and if so, the rules around it
• The term (length) of the lease

If there is disagreement about some of these terms with the tenant, you and the tenant can negotiate an agreement about these terms. There are some other things that you can decide, but federal, state, and local laws limit your discretion. Two important examples are security deposits and fair housing requirements.

Fair Housing Requirements

Michigan and U.S. fair housing laws say that landlords cannot discriminate against tenants or applicants because of their race, color, religion, sex, familial status (kids under 18), national origin, disability, age, or marital status.  For persons with disabilities, landlords must make changes in their policies and practices to make sure that they have an equal opportunity to use and enjoy their housing.  These changes fall into 2 categories:  reasonable accommodation and reasonable modification.  

Reasonable Accommodations

A reasonable accommodation is a change to a rule or practice that gives a tenant with a disability an equal chance to use and enjoy a home. Some common examples of reasonable accommodation requests are:

• A tenant with limited mobility asks for a parking space closer to their door
• A tenant asks to pay rent on or after the third of each month since that is when they get their Supplemental Security Income (SSI) money
• A tenant asks that their caregiver be allowed to stay overnight a few nights a week
• A tenant asks a landlord not to evict them because of an incident related to a mental health condition (In this case, the tenant usually must show steps have been taken to prevent another incident, such as getting counseling or taking medication)

To get a reasonable accommodation, a tenant must ask for it. This can be done verbally or in writing. The request should include all of these:

• A statement that the tenant has a disability (if the disability is not known or obvious to the landlord) and how it impairs the tenant’s use of their home
• The reasonable accommodation that is needed
• How the accommodation will help the tenant use their home

A landlord must respond to a request for a reasonable accommodation.  Unless the disability or need for the accommodation is obvious, a landlord can ask for some proof or verification of them from the tenant or applicant.  A landlord must make a decision before taking any negative action against the tenant, such as filing an eviction case. 

If a landlord denies a request, it must consider with the tenant whether there are other accommodations that would meet the tenant's needs.  A landlord can deny an accommodation if it would be too financially or administratively costly (the legal term is "undue burden") or if it would make the landlord significantly change how it runs its business (the legal term is "fundamental alteration").

Assistance Animals As A Reasonable Accommodation

While a landlord can have a pet policy, they cannot ban assistance animals or charge pet fees for assistance animals. This is because assistance animals are not pets. A tenant with a disability has the right to ask for a reasonable accommodation to have an assistance animal.

One exception is for landlords who own and live in a home they also rent if the home has less than four rental units. A rental unit can be a house, apartment, or room. In this situation, the landlord does not have to provide a reasonable accommodation for a tenant to keep an assistance animal.

A Landlord’s Rights Regarding Assistance Animals

A landlord can ask for a note from a doctor or other medical professional if a tenant’s disability or the need for a reasonable accommodation is not obvious. For example, if a tenant has an emotional support animal, you can ask for a note from the tenant’s doctor. You can also ask if an animal is an assistance animal needed for a disability and what work the animal performs. Landlords and other housing providers can deny an animal access if it is not house-trained or is out of control. A landlord can also refuse to allow an assistance animal if the animal is a serious and genuine threat to others or the property of others. This threat must be based on that specific animal’s actions, not fears about what it might do, nor its breed or size. For example, a landlord cannot deny housing or a reasonable accommodation to a tenant with a pit bull assistance animal because the landlord thinks all pit bulls are violent.

A Landlord’s Rights Regarding Accommodations

Landlords who own and live in a home they also rent do not have to provide reasonable accommodations if the home has less than four rental units. A rental unit can be a house, apartment, or room.

Reasonable Modifications

A reasonable modification is a change to a building that lets a tenant with a disability fully use and enjoy a home. It includes changes to public and common use spaces as well as private spaces within a tenant’s home. Some examples are:

• Adding a ramp for a wheelchair
• Widening doorways
• Adding grab bars in the bathroom
• Lowering kitchen countertops

A landlord cannot refuse to allow reasonable and necessary physical changes to a property. In private housing, the tenant will probably have to pay the cost of making the changes and maintaining them, unless the cost is low. If the cost is low, the landlord may have to pay the cost of the reasonable modification.

If a landlord gets government funding to maintain accessible housing (not including Section 8 voucher), they may have to cover more of the cost of the modification than a private landlord would.

To get a reasonable modification, a tenant must ask for it. This can be done orally or in writing. The request should include all of these:

• The reasonable modification that is needed
• How the modification will help the tenant use their home

A Landlord’s Rights Regarding Modifications

For the most part, the rules for considering reasonable accommodations also apply to reasonable modifications.

Landlords who own and live in a home they also rent do not have to provide reasonable modifications if the home has less than four rental units. A rental unit can be a house, apartment, or room.

If a building does not have an elevator, only the first-floor units need to be wheelchair accessible.

Security Deposits

A security deposit is money the tenant gives you when they move in that must be given back at the end of the lease. A security deposit is the tenant’s property unless you establish a right to all or part of it for one of these reasons:

• The tenant has not paid all their rent;
• The tenant has not paid all the utilities and you have to pay them so the next tenant can have utilities, too; or
• The tenant leaves the home damaged beyond normal wear and tear .

The most a landlord can ask for a security deposit is one-and-one-half times the monthly rent. For example, if rent is $500 a month, you cannot ask for more than a $750 security deposit.

There are also notice requirements for security deposits that landlords must follow. To learn more, read An Overview of Security Deposits for Landlords .

The Eviction Process

Eviction is the legal process to try to get possession of a rental property from a tenant or other occupant. The eviction process is primarily available in landlord-tenant relationships. Housemates who are on the same lease with the landlord usually cannot evict each other. If you have questions about whether you are a landlord, read How Do I Know If I Am a Landlord?

If a person enters a home without permission and stays in that home, they are not a tenant. To learn more, read the section “Trespassers and Squatters” below.

Eviction laws allow faster access to court and a quicker resolution than in other lawsuits.

Landlords cannot legally evict a tenant without first going to court and getting an eviction order. Without an eviction order, landlords cannot do anything that prevents a tenant from having access to their home. If a landlord does something that wrongly interferes with a tenant’s use of the home, the landlord could have to pay the tenant. The tenant can ask a judge for up to three times their actual damages or $200 per day, whichever is more. Here are some examples of things landlords cannot do:

• Use force or threaten to use force to make a tenant leave or keep them out of their home
• Enter the home without a tenant’s permission in non-emergency situations
• Remove, withhold, or destroy the tenant’s property
• Change, alter, or add locks or security devices to the home without the tenant’s permission
• Board up the premises to prevent entry or make it more difficult
• Cause an interruption or shut-off of water, electric, or gas service
• Cause loud noises, bad odors, or other nuisances
• Put the tenant’s belongings out on the street

Only the sheriff or another court officer can physically remove a tenant and their belongings from the home. This can only happen after a landlord gets a judgment and then an eviction order.

There are specific notice requirements for evictions. To learn more about them, review A Practical Guide for Tenants & Landlords published by the Michigan State Legislature.

Reasons for Eviction

Here are reasons a landlord can start an eviction case:

• The tenant has not paid rent;
• The tenant did not move when the lease ended;
• The tenant violated a lease term that the lease says will lead to eviction;
• The tenant caused extensive and continuing physical damage to the home;
• The tenant created a serious and continuing health hazard in or to the home; or
• The tenant was involved in illegal drug activity on the property.

In most of these cases, a landlord must give the tenant a written notice before filing a court complaint.

Subsidized housing landlords must generally prove there is "good cause" (usually a serious lease violation) to evict a tenant.  Mobile home park owners must prove "just cause" (the state law that applies to these cases lists just cause situations) to terminate a tenancy. To learn more about them, review A Practical Guide for Tenants & Landlords published by the Michigan State Legislature.

If you are not sure whether you have good cause or just cause, you may want to speak with a lawyer. You can use the Guide to Legal Help to find lawyers in your area. If you cannot afford high legal fees, consider hiring a lawyer for part of your case instead of the whole thing. This is called limited scope representation. To learn more, read Limited Scope Representation (LSR): A More Affordable Way to Hire a Lawyer . To find a limited scope lawyer, follow this link to the State Bar of Michigan lawyer directory . This link lists lawyers who offer limited scope representation. You can narrow the results to lawyers in your area by typing in your county, city, or zip code at the top of the page. You can also narrow the results by topic by entering the kind of lawyer you need (divorce, estate, etc.) at the top of the page.

Holdover Tenants

A holdover tenant is someone who stays in the home after a lease ends.  If rent is paid monthly, the landlord must give the tenant one month’s notice to terminate the tenancy before filing a court case.  A holdover tenant is not a trespasser. This is true even if the tenant’s legal right to possession has ended, and the tenant stays without the landlord’s permission.

Trespassers and Squatters

A person who moved into a home without permission and stays there does not have the same rights as a tenant. A landlord can probably legally remove them and their belongings. A landlord might not have to go to court to remove such an occupant.  But, if a court determines that the occupant had the right to live in the property, the occupant might have a claim for significant damages against the property owner.