A Michigan sublease agreement allows a current tenant (or “sublessor”) to rent out a home, apartment, condo, or other property to a third party (or “subtenant”). Michigan law allows subleases if the original lease allows for them, and the sublease agreement cannot override the original lease.
As the sublessor, you are still responsible for paying monthly rent to the landlord as well as any damage that may be caused by the subtenant.
Whether you want to sublet your house, apartment, condo, townhouse, or any other type of residential property, we recommend using our free Michigan sublease agreement builder or reading our steps on how to write a Michigan sublease agreement below.
How to Write a Michigan Sublease Agreement
- Fill in the date – State the date that you are entering into the sublease agreement.
- Fill in the names of the parties and their current addresses – Write the name and address of the original tenant, followed by the name and address of the new tenant.
- List the address – Fill in the blanks for the full legal address of the property.
- Write the landlord’s name – Write the name of the landlord of the property.
- Describe the term – Enter the date the sublease will commence and for how long the sublease will last.
- Write the payment information – Write the amount of rent the new tenant will be responsible for paying and the date the rent is due to the tenant.
- Note the property exchanged – Note how many keys, garage door openers, security cards, and other access items provided to the new tenant.
- Fill in the governing law – List Michigan as the state whose law will govern the agreement.
- Sign and date the document – The original tenant and new tenant will need to sign and date the document.
Michigan Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Michigan. Once you’ve filled out a Michigan sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Michigan laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Michigan Landlord-Tenant Laws: Chapter 554, Act 348 of 1972 (Landlord and Tenant Relationships)
In Michigan, a sublessor must:
- Give a subtenant seven days (7) written notice to pay rent or leave
- Return the security deposit within thirty days (30) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
Michigan Sublease FAQs
Is subletting illegal in Michigan?
No, subletting isn’t illegal in Michigan. Under Michigan law, you can only sublease a property out when the initial tenant has received consent from the landlord. The original lease between the initial tenant and the landlord should state whether the initial tenant has the right to sublease the property to a subtenant. If the lease doesn’t specify anything regarding subleasing, it’s assumed that the property shouldn’t be subleased out to anyone else. If the landlord agrees to let the initial tenant sublease the property, it’s perfectly legal for the initial tenant to sublease a property out to a subtenant.
Can a tenant sublet without permission?
No, a tenant can’t sublet without permission. Before subletting a property out to a subtenant, the initial should read through the original lease to confirm that subletting is allowed. If the original lease allows for the property to be sublet, the initial tenant can notify the landlord and request for a written permission.
If the original lease doesn’t allow or doesn’t specifically mention subleasing, the tenant must get the landlord’s consent.
What legal duties do I have if I sublease?
When you sublease your rental property, you take on the legal duties of a landlord. In Michigan, these duties include:
- Maintaining a habitable rental property and making reasonable repairs, when necessary.
- Registering or licensing the rental property under local laws.
- Complying with the laws related to the return of security deposits.
- Complying with eviction procedures if you choose to evict your tenant.
How to get out of a sublease agreement?
Under Michigan law, if a subtenant wishes to terminate a sublease agreement, they must follow the clauses written in the sublease agreement. The clauses may include the termination fee (i.e. equal to 2 month’s rent) and the amount of notice required (i.e. 30 days) in order for the subtenant to terminate the sublease agreement. If the sublessor wishes to evict a subtenant, they must follow the regular eviction process in Michigan in order to serve the eviction process on the subtenant.