Who Pays for the Bed Bugs

Bed bug liability in rental housing

Bed bug laws in Michigan
Who pays for treatment?

Habitability law only

No bed bug statute. The statutory covenant that the premises are fit for the use intended does the work, and an infestation defeats that. Two Michigan-specific things matter more than the general rule. First, if your lease runs a year or longer, the parties are permitted to MODIFY the habitability obligations — which is how clauses making tenants pay the first $100 or $200 of any repair end up in Michigan leases. Read yours before assuming the landlord pays. Second, withholding rent here has a strict procedure: written notice by certified mail, then a reasonable wait, then escrow. Skip it and you are simply behind on rent.

Who pays for treatment
Landlord — but a 1-year-plus lease may modify this
Landlord response deadline
Reasonable time after certified-mail notice
Disclosure before lease
No

What the law actually says

No bed bug provision. MCL 554.139(1) — in every lease or license of residential premises the lessor covenants (a) that the premises and all common areas are fit for the use intended by the parties, and (b) to keep the premises in reasonable repair and comply with applicable health and safety laws. MCL 554.139(2) — THE TRAP: the landlord and tenant may modify these obligations where the lease term is one year or more, which is how first-$100-of-repairs clauses appear in Michigan leases; tenants should be cautious about agreeing to them. Remedies: MCL 600.5739 and 600.5741 (withholding and repair-and-deduct); under § 600.5741 a judge or jury in a non-payment eviction shall deduct any portion of rent excused by the landlord's breach of the § 554.139 covenants, so habitability operates as a setoff in the eviction itself. Procedure comes from Rome v. Walker — written notice by certified mail plus a reasonable time before withholding or deducting. Retaliation: MCL 600.5720 bars eviction for complaining to a governmental authority about a health or safety code violation. Constructive eviction: Belle Isle Grill Corp. v. City of Detroit, 256 Mich. App. 463, 474 (2003). Leading case on the covenant: Allison v. AEW Capital Management LLP, 481 Mich. 419 (2008). Also relevant: Truth in Renting Act, MCL 554.631 et seq. — § 554.633(1) voids prohibited lease provisions and § 554.636 gives the landlord 20 days from written notice to fix offending language before the tenant may sue to void the lease and recover. Landlord-Tenant Relationships Act 1973, MCL 554.601-554.616 (inventory checklist).

What to do, in order

  1. Photograph everything before you touch it

    Live insects, shed skins, dark staining along the mattress seam. Timestamps are the evidence.

  2. Notify the landlord in writing

    Email or certified letter, never a phone call alone. Written notice is what starts the clock in every state that has one.

  3. Do not throw out furniture yet

    Discarded items can't be inspected, and moving them spreads the infestation down the hallway.

  4. Let the deadline above run

    Escalating before it expires generally forfeits the remedy.

  5. Escalate to the housing agency, then to court

    An independent inspection report is worth more than your own photographs. Rent withholding rules vary sharply — check the section above before you try it.

Read it yourself

Everything above was written by reading the sections named in the citation, not by summarizing another summary. You should not take our word for it — open the statute and check. Look up the section numbers quoted above.

The state's own legislature or code site. Search it for the section numbers quoted above — they are the whole basis for this page.

Last checked against the Michigan code: . Statutes change every legislative session — if you are reading this long after that date, open the cited sections yourself before relying on them.

Not legal advice. This is a plain-language reference to publicly available statutes, verified against the Michigan code. Liability turns on your lease, your local ordinance and your specific facts. Talk to a tenant attorney or legal aid before withholding rent or filing anything.

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