Michigan Pet Deposits and Fees: How the Deposit Act Applies

By the FigureMyTax Editorial Team · How we calculate

Michigan’s Security Deposit Act does not single out pets, but a returnable pet deposit is a security deposit. Here is how it counts toward the cap, how it comes back and what to ask for in writing.

Does Michigan have a separate pet deposit rule?

No separate rule. A pet deposit that is returnable to the tenant on condition of returning the unit in the condition the lease requires is part of the “security deposit,” because the definition covers any other amount of money or property returnable on that condition (MCL 554.601(d)). It counts toward the one-and-a-half-month cap, and the deadlines and notice rules apply. The Michigan security deposit limit calculator totals the payments.

What if the pet deposit pushes the total over the cap?

Then the landlord has required more than MCL 554.602 allows. With rent of $1,200, a $1,200 deposit plus a $900 pet deposit is $300 over the $1,800 cap. The act does not set a specific penalty for an excess; the attorney general or an affected individual may bring an action to enforce the act (554.615).

What about a nonrefundable pet fee or pet rent?

The definition turns on whether the money is returnable to the tenant. A charge the lease states is nonrefundable and is truly spent on a specific cost is not returnable, but a label does not control: ask for the purpose in writing and for what happens to any unspent part. Monthly pet rent is rent, not a deposit; one required in a period above the average rent for the term can count as a deposit (554.601(d)).

Can the landlord keep the pet deposit for damage?

For actual damage that directly results from conduct not reasonably expected in normal habitation, with an itemized notice of damages mailed within 30 days (554.607, 554.609). See Michigan security deposit deductions.

What about assistance animals?

Assistance animals raise federal and Michigan fair housing and disability-rights questions that this page does not analyze. If you rely on one, contact the Michigan Department of Civil Rights, a fair housing organization or a licensed Michigan attorney before you pay a pet charge.

A checklist before you sign

Ask for every pet charge in writing and what it is for; ask whether it is returnable and whether it counts toward the deposit cap; keep the pet addendum and receipts; complete the move-in checklist and note existing damage in areas the pet will use; and photograph the unit.

How the return rules apply to a pet payment

Whatever it is called, money returnable to the tenant on condition of returning the unit in good condition follows the same rules: it counts toward the cap, it is held in a regulated institution or bonded, and any claim against it needs an itemized notice of damages within 30 days. Damage by a pet that directly results from conduct not reasonably expected in normal habitation is a proper reason to keep part of it; ordinary wear is not.

Questions to ask before you sign

Is the pet payment a deposit, a fee or monthly rent? Is any part returnable? Does it count toward the cap? What can it be used for? Get the answers in writing.

Keep the proof

Photograph the unit, the areas the pet will use and any existing damage on move-in day, and note them on the checklist you return within 7 days. If the landlord later claims part of a pet payment, the checklist and your written response are your main evidence.

Where to get help

The Michigan Department of Civil Rights, a fair housing organization, legal aid and the district court clerk can explain how to raise a dispute. Bring the lease and every receipt.

Frequently asked questions

Official sources

• MCL 554.601: definitions
• MCL 554.607: permissible uses
• MCL 554.609: itemized list of damages

This is general information, not legal advice. It is based on the cited Michigan statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Michigan attorney.