The Housing Law of Michigan addresses this in Section (11) of Section 125.526: “(11) The enforcing agency shall not discriminate against an owner who has met the requirements of subsection (7) but has been unable to obtain the permission of the occupant, based on the owner’s inability to obtain that permission.”. Rental Pre-Inspection Checklist. A landlord must make a good faith effort to contact the tenant and arrange for an inspection. Many communities are enacting new rental property inspection ordinances (RPIO) or adding single family homes to the list of properties subjected to inspection. In the absence of statutory law, common law (relevant court decisions) serves as a guide post. The issuance of an administrative warrant is conditioned only on the proposed inspection being done in compliance with “reasonable legislative or administrative standards for conducting an area inspection,” as determined by Camara v. Municipal Court, 387 U.S. 523 (1967). You can schedule an inspection by calling us at 616-456-3053 or stop in to see us at 1120 Monroe Ave NW. Advocate Today. All registration and inspection fees must be paid before inspection. “if the occupant refuses to consent to the inspection, the owner cannot allow the inspection.” The State of Michigan nor the local municipality cannot take away the 4th Amendment rights of the tenant. However, if we look back to the Federal rulings, we might be correct in believing that regardless of the circumstances, the municipality must get a warrant. Additional inspections are $50. Section (7) Subsections (b) through (d) are pretty clear and straightforward and seem to fit within Federal case law parameters. A letter is sent to the property owner and Responsible Local Agent, if designated, detailing the scheduled date and time of the inspection. A municipality will need an administrative warrant if a tenant refuses entry unless there is an emergency as defined by local law. ProSpection provides registration rental property inspection services for rental property owners in Detroit. Administrative warrant issuance requires fewer protections than criminal warrant issuance. If the resident and the owner enjoy joint authority and use over the targeted areas, such as entryways, laundry rooms and storage rooms, then either the resident or the owner can provide the requisite consent for the inspection. OFFICIAL CITY of DETROIT RENTAL PROPERTY INSPECTION PRICING. Michigan Section 8 Landlord. A tenant can refuse an inspection except in emergencies or where the municipality has produced a warrant. ... After a BSEED inspection and lead, inspection has been completed on the rental property, assuming the property passed inspection, the landlord will be sent a Certificate of Compliance within 14 days. Three additional points are important to understand regarding warrants obtained under RPIOs. The maximum frequency for inspections is once every four weeks. It can be downloaded by clicking on the above link, or a hard copy can be picked up at the Building Department Office in City Hall. No. Single Family Rental Property - $150. In the case of an emergency, including, but not limited to, fire, flood, or other threat of serious injury or death, the owner may enter at any time. Since many of these communities are new to the game, their inspectors may be ignorant of the limits of their zealous enforcement activities. ; If violations are detected, a Notice of Violation is sent to the owner and … Most courts have held that if a landlord provides a 24 hour notice before entry and a clause to this effect in the lease AND the tenant does not refuse entry, a landlord may enter the premises—even if the tenant is not home. City of Oak Park 14000 Oak Park Blvd. Under (c) the landlord is required to at least make an attempt to notify the tenant of the municipality’s wish to inspect and arrange for that inspection—unless the tenant refuses entry. Landlords must also comply with required federal disclosures regarding lead-based paint on the property , or face hefty financial penalties. You can schedule an inspection by calling us at 616-456-3053 or stop in to see us at 1120 Monroe Ave NW. MSA 52771 et. Each unit must pass inspection and obtain a Certificate of Compliance within that three years. Additional inspections are $50. Inspection fees must be paid before the end of the month in which they are due. Either of these options may result in less inspections on the property, and more closely comport with the spirit and intended purpose of the new law in granting more individual protections. It is very important to note subsection (d), which requires the landlord to contact the municipality within 10 days if a “refusing tenant” vacates the premises. Can the city force you to evict your tenant for refusing the inspection? A rental inspection checklist documents the condition of your rental unit, and keeps the status of each room organized.. Section (7) is where the real confusion comes in. once in BS&A Online enter the address in the search bar. Our office hours are Monday through Friday 7:30 AM – 4:00 PM. The proposed rental dwelling shall have an inspection to ensure compliance with all the requirements of the International Property Maintenance code as adopted by reference in section 28-1 of this Chapter. One would assume that in the absence of that adoption, no enforcement is possible regarding Section (7). Likewise, if the occupant refuses to consent to the inspection, the owner cannot allow the inspection. Registration, Inspection, Re-inspection, and Rental Housing Complaint forms are available for download below. Manuals, Policies and Codes Forms (IRS, tenant file, physical inspection and year-end report forms.) Rental Inspection Department All rental units in the City of Ludington must be registered with this office. This checklist is provided to your tenant before they move in, and offers them an opportunity to report any issues found in each room of your rental. Seek the tenant’s consent via a written letter to them once the landlord has been contacted by the municipality about an inspection; Seek the tenant’s consent via a written letter to them at the outset of their lease agreement; or. A municipality may ask for an inspection of a rental unit to determine its compliance with local and state laws. Quiet enjoyment includes protections against a landlord’s unreasonable entry. Under Michigan common law, a tenant has the right of “quiet enjoyment” of the rental premises. Acq. Fees may be mailed or hand-delivered to the Building Department at Midl… The Department processes all Rental registrations & inspections and carries out Property Maintenance code enforcement. A copy of the ordinance is also available for download below. Clearly, under Federal law, a community has a right to inspect a rental unit but must obtain an administrative warrant if the tenant refuses entry. (8) A local governmental unit may adopt an ordinance to implement subsection (7). The following citations within the Law (within Section 125.526) which address a tenant’s refusal for entry are as follows: “(5) Except as provided in subsection (7), an inspector, or team of inspectors, shall request and receive permission to enter before entering a leasehold regulated by this act at reasonable hours to undertake an inspection. What Michigan Landlords Need to Know About the New Rental Inspection Legislation February 23rd, 2018 | By: John M. Mione, Esq. Seek the consent within the lease agreement itself, whereby the act of the tenant signing the lease is considered their consent. Unfortunately, this does not address what happens if Section (7) is not applicable. If a tenant vacates a leasehold after the enforcing agency has requested to inspect that leasehold, an owner of the leasehold shall notify the enforcing agency of that fact within 10 days after the leasehold is vacated. Re-inspection will then occur every 4 years thereafter. This ordinance shall be known and may be cited as the Residential Rental Registration and Inspection Ordinance. In each room, it includes door, windows & screens, carpet or flooring, walls, ceiling, lights and switches, closet, and other. Second, in many cases, the resident may have the authority to consent to an inspection of the common and other areas of the owner’s community, even in the face of the owner’s objections. Under Michigan law, landlords must make certain disclosures to tenants (usually in the lease or rental agreement), such as the name and address at which notice can be given to the landlord. If you own or manage a rental property please complete the Rental Registration Form. A landlord must let the municipality in for the inspection if the tenant has agreed to it. Several years ago the Housing Law of Michigan was amended to address how rental inspection programs were enforced in Michigan so that it was in conformance with the rulings as cited above. Furthermore, if the tenant doesn’t give the inspector access, the landlord forfeits his right to rent the unit in question. It also may keep the landlord in relatively good terms with the local inspector, which may be beneficial. Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. Rental, Non-Owner & Vacant Housing Inspections The City of Jackson adopted a comprehensive rental housing inspection program in 1986 that requires all non-owner occupied and vacant residential properties to be inspected on a systematic, citywide basis. pdf Handrail Information (218 KB). 55 (D.C. Ill. 1980), the Federal District Court for Illinois invalidated the RPIO enacted by the City of Hometown because the ordinance did not provide for procedures whereby the city was required to obtain a warrant to search a rental unit for which the occupant had refused to consent to the inspection. Michigan Municipal League І June 2019 1 Rental Housing Inspection Law Introduction Michigan’s Rental Housing Law was amended in 2008, 2016, and 2017; together, these three Acts (PA 408 of 2008, PA 14 of 2016, and PA 169 of 2017, respectively) significantly changed rental housing inspection regulations. The link will take you to the Assessor’s Office page. Please be sure you have already submitted your rental housing registration with the City of Detroit Before proceeding. pdf Responsibilities of the Rental Property Owner and Local Agent (65 KB). Should a third inspection be needed, the Building Department may assess a $50 reinspection fee. Description: The Michigan rental agreement package includes state-specific topics such as: holdover, security deposit, inventory checklists, use of premises, inspection of premises, abandonment, consequences of default / early termination.