Lease Agreements - Apprehension of Present Danger from Domestic Violence, Sexual Assault, or Stalking Exceptions
The Michigan Landlord and Tenant Relationships Act, at Section 1b (MCL 554.601b), sets forth the requirements for the early release from a lease agreement if the tenant has reasonable apprehension of present danger resulting from either domestic violence, sexual assault, or stalking to themselves or to their child. This article is meant to summarize the content and requirements to qualify for the exception provided for by this statute.
How does a tenant establish that they have a reasonable apprehension of present danger?
MCL 554.601b(3) specifies different types of written documentation that is needed to establish reasonable apprehension of present danger. Documentation includes:
What happens after I send the documentation to my landlord?
After you have sent your landlord the required documentation AND moved out of the rental unit, you have established an exception that you do not have to pay rent beginning on the first day of the second month rent is due. In other words, if you give notice in December and move out in December, you are responsible for December and January’s rent. However, if you give notice in December, but do not move out until January, you would be responsible for December, January and February’s rent.
If you have roommates, they will NOT be released form the lease and may still be responsible for the full amount of rent. Your roommates may need to find another person to fill your vacancy. It would be a good idea to give notice to your roommates, in writing, on or before the time you move out.
After you move out, your landlord can only reveal your forwarding address information to other individuals who are reasonably necessary to accomplish the landlord's regular and ordinary business purposes. The landlord cannot intentionally reveal forwarding address information or documentation submitted by the tenant to the person that the tenant has identified as the source of the reasonable apprehension of present danger.
It should also be noted, that if you terminate your lease by utilizing this exception, you are still required to follow the remaining provisions of the Michigan Landlord and Tenant Relationship Act for the return of your security deposit. Moreover, this exception does not guarantee the repayment of any prepaid amounts, such as first and last month’s rent.
Michigan’s landlord - tenant laws can be complicated to navigate, so if you are seeking a release from your lease utilizing this exception, need help with the return of your security deposit, or would like us to review your lease before you sign it, please contact Student Legal Services to schedule an appointment to speak with one of our attorneys.
How does a tenant establish that they have a reasonable apprehension of present danger?
MCL 554.601b(3) specifies different types of written documentation that is needed to establish reasonable apprehension of present danger. Documentation includes:
- MCL 554.601b(3)(a): A valid personal protection order or foreign protection order or an order removing an abusive person from a home issued by a court of competent jurisdiction that is in effect on the date of submittal to the landlord;
- MCL 554.601b(3)(b): A valid probation order, conditional release order, or parole order that is still in effect on the date of submittal to the landlord if the probation order, conditional release order, or parole order indicates that the individual subject to the order is subject to conditions reasonably necessary to protect the tenant or child of the tenant, including a condition that the individual is not to have any contact with the tenant or child of the tenant;
- MCL 554.601b(3)(c): A written police report that has resulted in the filing of charges by the prosecuting attorney that has jurisdiction over the matter, if the charges were filed not more than 14 days before submittal of the written notice to the landlord; or
- MCL 554.601b(3)(e): A report that is verified by a qualified third party in a specific format, which can be found here.
- A "qualified third party" means 1 or more of the following:
- A sexual assault or domestic violence counselor;
- A health professional licensed or registered in the State of Michigan;
- A mental health professional; or
- A member of the clergy.
What happens after I send the documentation to my landlord?
After you have sent your landlord the required documentation AND moved out of the rental unit, you have established an exception that you do not have to pay rent beginning on the first day of the second month rent is due. In other words, if you give notice in December and move out in December, you are responsible for December and January’s rent. However, if you give notice in December, but do not move out until January, you would be responsible for December, January and February’s rent.
If you have roommates, they will NOT be released form the lease and may still be responsible for the full amount of rent. Your roommates may need to find another person to fill your vacancy. It would be a good idea to give notice to your roommates, in writing, on or before the time you move out.
After you move out, your landlord can only reveal your forwarding address information to other individuals who are reasonably necessary to accomplish the landlord's regular and ordinary business purposes. The landlord cannot intentionally reveal forwarding address information or documentation submitted by the tenant to the person that the tenant has identified as the source of the reasonable apprehension of present danger.
It should also be noted, that if you terminate your lease by utilizing this exception, you are still required to follow the remaining provisions of the Michigan Landlord and Tenant Relationship Act for the return of your security deposit. Moreover, this exception does not guarantee the repayment of any prepaid amounts, such as first and last month’s rent.
Michigan’s landlord - tenant laws can be complicated to navigate, so if you are seeking a release from your lease utilizing this exception, need help with the return of your security deposit, or would like us to review your lease before you sign it, please contact Student Legal Services to schedule an appointment to speak with one of our attorneys.