Can't Pay Rent in Michigan: What Are My Options?

What the law says

1. 1

   Your lease states how much rent you owe and when it is due. If you do not have a written lease, your landlord should tell you the rent amount and the due date. Read your lease first.

   Sources:

   1. Our editorial rules.
   2. Eviction for Nonpayment of Rent (intro), Michigan Legal Help. A nonprofit group.
2. 2

   Under Michigan court rulings, a late fee must be a fair estimate of the actual money your landlord loses when your rent is late. Courts decide if a fee is fair, not just what your lease says. If a late fee is much higher than the landlord's real loss, courts call it an unfair penalty. Then they will not make you pay it.

   Source:

   1. Ch 1.2(B)(5) Late Fees, Michigan Judicial Institute (State Court Administrative Office). A government guide.
3. 3

   If you fall behind on rent, your lease cannot force you to pay all the rent left on it right away. Michigan law allows this only if the lease also meets two conditions. First, the lease must say you may not owe the full amount. Second, the lease must say either of you can ask a court to decide the actual amount you owe. A lease clause that skips either condition will not be enforced by a court.

   Source:

   1. § 554.633(1)(i), Michigan Legislature. Law.
4. 4

   Your lease cannot make you pay your landlord's lawyer fees or other legal costs for collecting rent, beyond what a specific law allows. This rule protects you even if your lease says something different. If your lease has a clause like this, a court will not enforce that part of it, even though you signed the lease.

   Source:

   1. § 554.633(1)(g), Michigan Legislature. Law.

Talk to your landlord

5. 5

   You can talk to your landlord about your rent before your landlord files anything in court. Going to court can cost both of you time and money. Starting the conversation early, before any case is filed, can help you both avoid that cost.

   Source:

   1. The Negotiation Process, Michigan Legal Help. A nonprofit group.
6. 6

   If you and your landlord agree on a plan to pay what you owe, put the agreement in writing. Writing it down makes clear what each of you agreed to do. Keep your own copy of anything you sign, so you still have proof of the agreement if a problem comes up later.

   Source:

   1. The Negotiation Process, Michigan Legal Help. A nonprofit group.

Get help paying rent

7. 7

   Michigan's Relocation Assistance can help pay rent you owe from the past. It can also help pay a security deposit or moving costs. You may qualify only if your household is in one of the housing emergencies the program lists.

   Source:

   1. Relocation Assistance, Michigan Department of Health and Human Services. A government guide.
8. 8

   To find out if you qualify for rent help, contact your local Housing Assessment and Resource Agency (HARA). Every community has one. Your HARA can tell you what rental assistance (money to help pay rent) you may qualify for. Your HARA can also help you apply, including for the State Emergency Relief Program.

   Sources:

   1. Applying for Rental Assistance, Michigan Legal Help. A nonprofit group.
   2. Homeless Assistance and Other Services, Michigan State Housing Development Authority. A government guide.
9. 9

   If you have a very low income, you may qualify for the Housing Choice Voucher Program. This is a federal program that helps pay rent when you find your own home or apartment from a private landlord.

   Source:

   1. MSHDA Rental Assistance Programs, Michigan State Housing Development Authority. A government guide.

If you still cannot pay

10. 10

    If you do not pay rent you owe, your landlord can sue you in court for that unpaid rent as a debt. Michigan law gives your landlord 6 years to file that case. After 6 years pass, your landlord can no longer win a court case to collect that same unpaid rent from you.

    Source:

    1. § 600.5807(9), Michigan Legislature. Law.