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Clawson is a small residential city in Oakland County, Michigan, situated within the broader Detroit metropolitan area. With a population of roughly 12,000 residents, Clawson has a significant share of renters who rely on apartment complexes and single-family rental homes. Renters in Clawson are governed entirely by Michigan state law — there are no city-specific tenant ordinances that provide additional protections beyond what the state requires.
The most common questions Clawson tenants ask involve security deposit returns, rent increase limits, and what happens when a landlord fails to make repairs. Michigan's landlord-tenant statutes address all of these situations, and understanding your rights under state law is the most important step any renter in Clawson can take. The state prohibits rent control, limits security deposits, requires habitability, and sets clear procedures for eviction.
This article is intended as general legal information only and is not legal advice. Laws can change, and individual circumstances vary. If you face a housing dispute, contact a qualified attorney or Michigan legal aid organization for guidance specific to your situation.
Rent Control Status: Prohibited by State Law
Clawson has no rent control ordinance, and it cannot adopt one. Michigan law explicitly prohibits local governments — including cities, townships, and counties — from enacting any form of rent control. This prohibition is found at M.C.L. § 123.409, which has been in effect since 1988. The statute bars any ordinance that would regulate the amount of rent charged for privately owned residential property.
In practical terms, this means a landlord in Clawson may raise your rent by any amount, at any time, as long as proper advance notice is given. For month-to-month tenants, that means at least 30 days' written notice before the new rent takes effect (M.C.L. § 554.134). For tenants under a fixed-term lease, the rent cannot be changed mid-lease unless the lease agreement specifically allows it — and any new rent amount would only take effect upon lease renewal.
There is no cap on how much a landlord can raise rent in Clawson and no requirement to justify or document the reason for an increase. Renters who receive a large rent increase have no legal mechanism to challenge the amount itself, though they do retain the right to move out with proper notice.
Habitability and Repairs (M.C.L. § 125.534)
Michigan landlords are required by law to maintain rental units in a habitable condition — meaning structurally safe, weathertight, free of pests, and supplied with heat, water, and working plumbing and electrical systems. Under Michigan's Housing Law and the Truth in Renting Act, if a landlord fails to make necessary repairs after receiving written notice from the tenant, the tenant may pursue the rent escrow remedy by depositing rent with the court rather than paying it to the landlord until repairs are completed (M.C.L. § 125.534). Tenants should always put repair requests in writing and keep copies.
Security Deposit Rules (M.C.L. § 554.601 – § 554.616)
Landlords in Clawson may collect a security deposit of no more than 1.5 months' rent. At move-in, the landlord must provide the tenant with written notice of the deposit amount, the financial institution where it is held, and the tenant's rights under state law. Upon move-out, the landlord has 30 days to return the deposit along with an itemized written statement of any deductions. Failure to follow this process forfeits the landlord's right to keep any portion of the deposit.
Notice to Terminate Tenancy (M.C.L. § 554.134)
A landlord must give a month-to-month tenant at least 30 days' written notice before terminating the tenancy. This notice must be served within the rental period it is intended to affect. Fixed-term leases automatically end on the lease expiration date without additional notice, unless the parties have agreed otherwise.
Anti-Retaliation Protection
Michigan courts recognize retaliatory eviction as a valid defense. A landlord may not terminate a tenancy, raise rent, reduce services, or otherwise retaliate against a tenant for reporting code violations, contacting a housing inspector, or exercising any legal right under Michigan landlord-tenant law. If a landlord takes adverse action within a close time frame after a tenant asserts their rights, courts may infer retaliatory intent.
Lockout and Utility Shutoff Prohibition (M.C.L. § 600.2918)
Self-help eviction is illegal in Michigan. A landlord who changes the locks, removes doors or windows, shuts off utilities, or removes the tenant's belongings to force the tenant out — without going through the formal court eviction process — may be liable to the tenant for actual damages plus attorney's fees under M.C.L. § 600.2918. Tenants who experience an illegal lockout should contact law enforcement and a legal aid organization immediately.
Michigan's Security Deposit Act (M.C.L. § 554.601 through § 554.616) governs every aspect of security deposits for Clawson rentals.
Maximum Amount: A landlord may not collect a security deposit exceeding 1.5 months' rent. This cap applies regardless of the tenant's credit history or other factors.
Move-In Requirements: Within 14 days of moving in, the tenant and landlord should complete a written move-in checklist documenting the condition of the unit. The landlord must also provide the tenant with written notice identifying the name and address of the financial institution holding the deposit and informing the tenant of their rights under the Security Deposit Act.
Return Deadline: After the tenant vacates, the landlord has 30 days to either return the full deposit or send the tenant an itemized written statement listing the damages claimed and the cost of each deduction, along with any remaining balance.
Penalty for Non-Compliance: If the landlord fails to return the deposit or provide the required itemized statement within 30 days, the landlord forfeits the right to retain any portion of the deposit and may not bring a later claim for damages against the tenant (M.C.L. § 554.613). The tenant may sue in small claims court to recover the full deposit amount.
Permitted Deductions: A landlord may only deduct for unpaid rent, damage beyond normal wear and tear, and other charges expressly permitted by the lease. Routine cleaning and normal aging of the property are not deductible.
Evictions in Clawson follow Michigan's Summary Proceedings Act (M.C.L. § 600.5701 et seq.). A landlord must follow every step of the legal process — there are no shortcuts.
Step 1 — Written Notice: Before filing in court, the landlord must serve the tenant with a written notice. The type and length of notice depends on the reason for eviction:
Step 2 — Filing in District Court: If the tenant does not vacate or cure the issue within the notice period, the landlord files a Complaint to Recover Possession in the 52nd District Court, which serves Clawson and other Oakland County communities. A hearing is scheduled, typically within 10 days of filing.
Step 3 — Court Hearing: Both the landlord and tenant may appear and present their case. Tenants have the right to raise defenses such as improper notice, retaliation, or habitability failures. If the court rules for the landlord, a judgment for possession is entered.
Step 4 — Order of Eviction: After judgment, the landlord may request an Order of Eviction. The tenant typically has 10 days to vacate before the order is enforced by a court officer. Only a court officer (not the landlord) may physically remove the tenant.
Self-Help Eviction Is Illegal: Changing locks, removing doors, shutting off utilities, or removing a tenant's belongings to force them out is prohibited under M.C.L. § 600.2918 and exposes the landlord to liability for actual damages plus attorney's fees.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws can change, and the specific facts of your situation may affect which rules apply to you. Nothing on this page creates an attorney-client relationship. If you are facing an eviction, a security deposit dispute, or any other housing legal matter, you should consult a licensed Michigan attorney or contact a local legal aid organization for advice tailored to your circumstances. RentCheckMe makes no warranty as to the accuracy or completeness of this information and is not responsible for any action taken in reliance on it.
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