Michigan MCL 559.212: Condo Leasing Disclosure and Tenants

Quick Answer

MCL 559.212 governs renting a Michigan condominium unit. A co-owner who wants to lease must tell the association in writing at least 10 days before presenting a lease or granting possession, and must give the association a copy of the exact lease. Tenants must follow the condominium documents. If a tenant breaks them, the association must first notify the co-owner by certified mail, and the co-owner then has 15 days to investigate and correct the problem.

The section also lets an association redirect a tenant's rent to cover a co-owner's unpaid assessments.

At a Glance

What the Law Says

Before and after transitional control

Before the transitional control date, "during the development and sales period," a co-owner's rights to rent units, developer included, are controlled by the recorded condominium documents and "shall not be changed without developer approval." After the transitional control date, "the association of co-owners may amend the condominium documents as to the rental of condominium units or terms of occupancy." An amendment "shall not affect the rights of any lessors or lessees under a written lease otherwise in compliance with this section and executed before the effective date of the amendment, or condominium units that are owned or leased by the developer."

The 10-day disclosure

A co-owner, developer included, "desiring to rent or lease a condominium unit shall disclose that fact in writing to the association of co-owners at least 10 days before presenting a lease or otherwise agreeing to grant possession" to potential lessees or occupants. At the same time the co-owner must supply a copy of "the exact lease" for the association to review for compliance with the condominium documents. The co-owner must also give the association a copy of the executed lease.

If there is no lease, the co-owner must give the association:

• The name and address of the lessees or occupants.
• The rental amount and due dates of any rental or compensation payable to the co-owner.
• The term of the proposed arrangement.

Tenants are bound by the documents

Under subsection (3), tenants and non-co-owner occupants "shall comply with all of the conditions of the condominium documents," and "all leases and rental agreements shall so state."

When a tenant violates the documents

If the association determines a tenant or occupant failed to comply, subsection (4) says it "shall" do the following:

• Notify the co-owner by certified mail of the alleged violation. The co-owner has 15 days after receipt to investigate and correct the breach or advise the association that no violation occurred.
• If after 15 days the association believes the breach is not cured or may be repeated, it "may" bring an action for eviction against the tenant and, simultaneously, for money damages against the co-owner and the tenant for breach of the documents. The statute says relief "may be by summary proceeding."
• The association may hold both tenant and co-owner liable for damage to the general common elements caused in connection with the unit or project.

If the association is still under developer control, the action may be brought derivatively by the co-owners on the association's behalf.

Rent redirection for unpaid assessments

When a co-owner is in arrearage for assessments, the association "may give written notice of the arrearage to a tenant." After receiving the notice, the tenant "shall deduct from rental payments due the co-owner the arrearage and future assessments as they fall due and pay them to the association." The deduction "does not constitute a breach of the rental agreement or lease by the tenant." If the tenant fails or refuses to remit, the association may issue a statutory notice to quit for nonpayment of rent and enforce it by summary proceeding, or start the subsection (4)(b) action.

What This Means in Practice

For boards

Treat the 10-day disclosure as a document-review window. The statute says the co-owner supplies the lease "for its review for its compliance with the condominium documents," but it does not say the association must respond within a set time or has a veto. Our reading: the association's role in this section is review, and approval rights come from the condominium documents, if they give any. Check your bylaws.

The cure sequence is mandatory in tone ("shall") for the first step. Skipping the certified-mail notice and 15-day period before filing could be raised as a defense; confirm with counsel before filing.

Deadlines and notice math

• Lease disclosure: at least 10 days before presenting a lease or granting possession.
• Cure window: 15 days "after receipt" of the certified notice, so counting starts when the co-owner receives it, not when it is mailed. Keep the return receipt.
• Rent redirection: the tenant deducts after receiving the association's written notice; there is no stated delay.

For owners and tenants

Owners who lease are answerable to the association for tenant conduct, and the money damages claim can name both. A tenant who follows a valid rent-redirection notice is protected by the statement that the deduction is not a lease breach. Tenants who are unsure should ask the co-owner and association for the written notice, and may wish to consult counsel.

Open questions (our reading)

• The section does not itself cap the number of leased units or ban short-term rentals. Those come from the documents. See our short-term rental guide and Timber Lake v. Gribi for related issues.
• Mortgagees have a statutory vote on leasing-restriction amendments in some circumstances; see mortgagee voting on amendments.
• The section does not state a late fee or fine for missing the 10-day disclosure.

Timeline

Related Michigan Law

• Mortgagee voting on amendments (MCL 559.190a)
• Amending the master deed and bylaws
• Co-owner enforcement suits (MCL 559.207 and 559.215)
• Michigan HOA short-term rental rules
• HOA violation enforcement in Michigan

Board Checklist

• Add the 10-day written disclosure and exact-lease requirement to your leasing policy and forms.
• Confirm your documents say tenants must comply, and that your required lease addendum states it.
• Log each lease disclosure date and executed-lease receipt.
• Send violation notices to the co-owner by certified mail and keep the return receipt.
• Calendar the 15 days from receipt before any eviction or damages filing.
• Keep arrearage notices to tenants in writing and track whether the tenant remits.
• Have counsel review any leasing-restriction amendment, including mortgagee voting needs.

Frequently Asked Questions

How much notice must a co-owner give before leasing?

Written disclosure at least 10 days before presenting a lease or otherwise agreeing to grant possession, with a copy of the exact lease.

Must tenants follow the condo rules?

Yes. The statute says tenants and non-co-owner occupants "shall comply with all of the conditions of the condominium documents" and leases must say so.

What must the association do before suing over a tenant violation?

Notify the co-owner by certified mail. The co-owner then has 15 days after receipt to investigate and correct, or to say no violation occurred.

Can the association evict a tenant?

If the breach is not cured or may be repeated after the 15 days, the association may bring an eviction action against the tenant with a simultaneous damages claim, and the statute allows a summary proceeding.

Can the association collect a delinquent owner's assessments from the tenant?

Yes, by written notice. The tenant then deducts the arrearage and future assessments from rent and pays the association, and the statute says this is not a lease breach.

Can an association change leasing rules after developer turnover?

After the transitional control date, the association may amend the documents as to rental, but the amendment does not affect written leases that complied and were signed before its effective date, or developer-owned or developer-leased units.

Where This Comes From

This page is based on the text of MCL 559.212 as published by the Michigan Legislature, current through PA 114 of 2026 when read on November 13, 2026, including its history note. Official page: legislature.mi.gov, MCL 559.212.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Michigan attorney before acting.