Michigan Commercial Rent Increases & The Rent Control Ban

Since Michigan was admitted to the Union on January 26, 1837, the state has prioritized property rights, a stance formalized for the modern era by the Rent Control Preemption Act of 1988 (effective July 5, 1988). While this Act prohibits local rent control for private residential property, commercial property owners in Michigan operate in a market-driven environment, as there is currently no statutory preemption or local regulation capping commercial rent. The State of Michigan generally maintains a market-driven environment for commercial landlords to manage their real estate investment.

The Statewide Ban on Rent Control

Michigan landlords—whether operating a massive industrial park in Grand Rapids or a multi-tenant office building in downtown Detroit—are currently not subject to local government rent caps, although the statutory ban is limited in scope.

Under the Rent Control Preemption Act of 1988 (MCL 123.411), the state legislature explicitly prohibits local municipalities from enacting any law, ordinance, or resolution that would have the effect of controlling the amount of rent charged for private residential property. While there is no equivalent statutory preemption for commercial property, commercial rent control is not currently practiced in any Michigan municipality.

Because of this environment, the only limit on how much a commercial landlord can charge is what the open market is willing to pay.

Structuring the Rent Increases (Escalation Clauses)

Because the law does not cap increases, a commercial landlord's ability to raise rent during a multi-year term depends entirely on how effectively they drafted the lease agreement. For fixed-term leases, notice requirements are governed by the lease agreement; however, for periodic tenancies (e.g., month-to-month), a landlord must provide one month's notice to terminate the existing tenancy and offer a new lease at an increased rate, pursuant to MCL 554.134(1). Most Michigan commercial leases span 3, 5, or 10 years, making annual rent increases (escalations) critical to combatting inflation and preserving the building's capitalization rate.

If a 5-year commercial lease is completely silent regarding rent increases, the rent remains entirely flat for the full 60 months.

To ensure profitability, Michigan landlords typically employ one of three escalation methodologies:

1. Fixed Percentage Increases (Stepped Rent)

This is the most common and predictable method. The lease explicitly dictates that the Base Rent will increase by a fixed, predetermined percentage (usually 3% to 5%) on the anniversary date of the lease each year.

• Advantage: Simple to calculate and administer; predictable revenue forecasting for the institutional landlord.

2. CPI Escalations (Inflation-Tied)

The lease states that the rent will increase annually based on the published Consumer Price Index (CPI) for the specific geographic area (e.g., the Detroit-Warren-Dearborn CPI).

• Advantage: Directly protects the landlord from runaway inflation.
• Disadvantage: If the economy enters a true deflationary period, the rent physically couldn't increase (unless the landlord drafted a protective "floor" or "ratchet" clause into the lease).

3. Fair Market Value (FMV) Reviews

This mechanism is typically reserved for lease "Renewal Options" (e.g., at the end of a 5-year lease, the tenant exercises an option to renew for another 5 years). Rather than guessing what the market will look like half a decade in advance, the clause states the new rent will be reset to the "Current Fair Market Value" as determined by independent commercial appraisers.

Ratchet Clauses In

Michigan, commercial landlords can aggressively draft "Ratchet Clauses" protecting their portfolio downside. A ratchet clause attached to an FMV review dictates that regardless of the determination of the independent real estate appraiser, the new rent can never be lower than the rent the tenant paid in the preceding year of the lease.

Managing Escalation Calculations the Right Way

A missing 4% compound rent increase across a 50,000 square foot industrial park over three years can cost a syndicator hundreds of thousands of dollars in lost Net Operating Income. Landager centralizes these disparate escalation formulas natively into the platform. Whether a specific Detroit tenant requires a flat 3% bump every June or a complex CPI-tied adjustment with an enforced 2% floor, the software automatically triggers the correct mathematical hike and generates the updated rent invoices flawlessly. Should disputes arise, Michigan's District Courts maintain original jurisdiction over summary proceedings involving commercial or industrial premises (MCL 600.5701; MCL 600.5704).

How Landager Helps

Landager tracks lease terms, important compliance deadlines, and security deposit details - making it easy to stay compliant with Michigan regulations.

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