Michigan Tenant Injuries: Landlord Duties and Hazard Evidence

A tenant injured at a residential property may need to evaluate both landlord obligations under the lease and statutes and a separate premises-liability theory. The location, intended use, condition, and responsible parties matter.

Identify the particular landlord obligation

Michigan’s residential lease statute addresses fitness for intended use and related obligations. The Michigan Judicial Institute’s habitability guidance explains why premises and common areas require careful treatment. A hazardous condition does not automatically establish every statutory violation.

Save the lease and identify whether the injury occurred inside the unit, on stairs, a sidewalk, a parking area, or another shared location. Record what use was affected and who controlled the area.

Do not rely on the older open-and-obvious summary

The Michigan Supreme Court’s Kandil-Elsayed decision changed the premises-liability treatment of obvious hazards. Visibility can remain relevant to breach and comparative fault, but the older categorical no-duty account is not a sufficient current analysis.

Statutory landlord duties and ordinary premises theories also must be distinguished. Counsel should identify the claim supported by the facts rather than treating them as interchangeable.

Records to preserve

• The lease, management contact details, and the exact location of the injury.
• Dated photographs showing the condition and surrounding route.
• Prior repair requests, complaints, inspection information, and responses.
• Witnesses, incident reports, and available surveillance footage.
• Treatment records, restrictions, expenses, and the actual effects of the injury.

For a winter condition, document the context

Record the weather, lighting, drainage, prior observations, and available routes without guessing how long the condition existed. Ask about preservation before snow, ice, or another temporary condition changes.

See the focused slip-and-fall evidence guide and our premises liability practice for representation.

Talk with Logeman & Iafrate

Request a free consultation or call (734) 994-0200 to discuss your situation with our Ann Arbor office. Bring the relevant records and any insurer correspondence. Advice about your claim depends on the facts, coverage, and applicable deadlines.

General information only; this article is not legal advice for an individual case.

Is every fall at an apartment complex a statutory violation?

No. The obligation, location, intended use, facts, and legal theory require review.

Should I keep repair requests from before the injury?

Yes. They may help document the condition, notice, and response.