Happy New Year from The Law Offices of Aaron D. Cox!
As the calendar turns to 2026, Michigan landlords are facing a shifting legal landscape. While the fundamental goal remains the same—providing quality housing while protecting your investment—the rules of engagement are evolving.
From proposed amendments to the Truth in Renting Act to stricter judicial scrutiny on eviction filings, “business as usual” could leave you exposed this year.
To help you hit the ground running, we’ve compiled this 2026 Landlord Legal Checklist. Use it to audit your business this week.
1. The Great Lease Audit of 2026
If you are still using the same lease template you downloaded five years ago, you are walking on thin ice. Recent legislative sessions in Lansing have seen aggressive moves to expand tenant protections (such as Senate Bill 373 introduced in the 2025-2026 session), specifically targeting “unreasonable” lease clauses.
What to check immediately:
- Fee Caps: Are your late fees flat or percentage-based? Ensure they are not “punitive” (which courts are increasingly striking down).
- Waiver Clauses: Do you have clauses that ask tenants to waive their right to a jury trial or to fitness/habitability claims? These are effectively void and can sometimes invalidate other parts of your lease.
- Notice Periods: Ensure your termination clauses align with the latest Michigan timelines (7-Day vs. 30-Day notices).
2. Premises Liability: Winter Edition
As we discussed in last week’s post regarding the Open and Obvious doctrine, you cannot rely on tenants to “just be careful.”
- The 2026 Standard: Document everything. If you plow the snow, log the time. If you salt the walk, save the receipt. In 2026, a digital paper trail is your best defense against a slip-and-fall claim.
3. Security Deposit Compliance
Michigan law is strict about security deposits, yet this remains the #1 source of small claims disputes we see.
- The “4-Day” Rule: Remember, tenants have 4 days to submit their move-in inventory checklist.
- The “30-Day” Rule: You strictly have 30 days after move-out to return the deposit or the itemized list of damages. Missing this deadline by even one day in 2026 can legally bar you from claiming any damages.
4. LLC and Corporate Housekeeping
Are you holding title to your properties in your own name or an LLC?
- If you bought new properties in 2025, verify they were properly deeded to your entity.
- Check that your LLC filings with the State of Michigan (LARA) are active and up to date. We frequently see eviction cases stall because the landlord’s LLC had inadvertently dissolved, robbing them of standing in court.
Secure Your Investment for the Year Ahead
The best resolution you can make is to stop reacting to lawsuits and start preventing them.
We Can Help: If you need a 2026 Lease Review or assistance with a difficult eviction to start the year with a clean slate, contact us. Let’s make 2026 your most legally secure year yet.