Roof Leaks in a Rental: What Michigan Law Asks of Landlords

Section 554.139 is short, and it applies to every lease or license of residential premises in Michigan. It reads less like a list of repairs and more like a set of promises the law writes into the lease whether or not the paper mentions them.

The Housing Law of Michigan (1917 PA 167) is blunter than the lease statute. Section 125.471 says every dwelling shall be kept in good repair by the owner, and that "the roof shall be so maintained as not to leak," with rainwater carried away so it does not cause dampness in walls and ceilings.

It does not apply everywhere. Under MCL 125.401 it covers cities, villages and townships with a population of 10,000 or more, but for single-family and two-family homes only in places of 100,000 or more, or where the local government has adopted it by resolution. Ask your city or township whether it applies to your property.

Where it applies, the law gives occupants a damages action against an owner who leaves unsafe or unhealthful conditions unabated after notice (MCL 125.536), and it provides a rent escrow mechanism tied to the local certificate of compliance (MCL 125.530). Those remedies come with procedures, and a tenant should not start one without advice.

Many cities also run their own rental programs. Grand Rapids, for example, requires a certificate of compliance before a rental is occupied and inspects against the Grand Rapids Property Maintenance Code, which is based on the 2021 International Property Maintenance Code with local amendments. Kentwood, Wyoming and other West Michigan cities set their own rules, so check with yours.

Sometimes the tenant did cause the problem: a satellite dish lagged through the shingles, a hole cut for a dryer vent, a ceiling punctured from the attic. Section 554.139 excepts damage caused by the tenant's wilful or irresponsible conduct, but a landlord who wants to recover that cost from the security deposit has to follow the security deposit sections of Michigan's Landlord and Tenant Relationships Act, MCL 554.601 and following.

Under MCL 554.607, a deposit may be used to reimburse actual damages to the rental unit that are the direct result of conduct not reasonably expected in the normal course of habitation. An aging roof that leaks is normal wear on the building, not tenant damage, so it is not a deposit item. A dish bolted through the roof deck is a closer question, and the facts decide it.

The paperwork is strict. MCL 554.608 requires inventory checklists at the start and end of every occupancy, and the tenant has 7 days after moving in to note the unit's condition. Ceiling stains or roof problems that were already there belong on that move-in checklist. Within 30 days after the tenancy ends, MCL 554.609 requires the landlord to mail an itemized notice of damages with the estimated cost of repair of each item, including a boldface statement that the tenant must respond by mail within 7 days. The section was amended by 2026 PA 102, effective 21 September 2026.

Missing the deadlines has consequences. Under MCL 554.610, failing to send the notice within 30 days counts as the landlord's agreement that no damages are due. Under MCL 554.613, a landlord who keeps disputed deposit money generally must start a court action within 45 days after the tenancy ends, and failure to comply fully waives the damages claimed and can make the landlord liable for double the amount retained.

For landlords, the practical habit is the same as for any roof repair: date-stamped photos at move-in and move-out, the roofer's written diagnosis of what caused the damage, and an itemized invoice. For a disputed deposit, either side should get legal advice before the deadlines run.