Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 10
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39• Recover $250 per action (for prohibited
10. Waives or alters a party’s right with
respect to possession or eviction
provisions) or $500 per action (for
proceedings;
missing disclosure provisions required
11. Releases a party from the duty to
by law), or actual damages, whichever is
mitigate (or minimize) damages;
greater.
12. Provides that the landlord may alter a
Q5 What other provisions can be included
lease provision after the lease begins
in the lease?
without the tenant’s written consent,
As long as a provision or clause does not
EXCEPT with 30 days written notice,
violate federal, state, or local laws, rules, or
the landlord may make the following
regulations, the parties can agree to almost
types of adjustments, as long as there is
anything and include it in the lease. It can be
a clause allowing for the adjustments:
• Changes required by federal, state, or
as outlandish as stating, “Only blue cars can
be parked in the driveway.” Some special
local law, rule, or regulation;
• Changes in rules relating to the
provisions to be aware of include:
• Smoking: A landlord is free to prohibit
property meant to protect health,
smoking in the rental property, as this
safety, and peaceful enjoyment; and
• Changes in the amount of rental
would not violate any state, federal, or
local laws.
payments to cover additional costs
• Pet Restrictions: A landlord may
incurred by the landlord because of
prohibit all pets in a rental unit. A
increases in property taxes, increases
landlord may charge a fee for having a
in utilities, and increases in property
pet. An exception here is that, generally
insurance premiums.
speaking, a landlord may not prohibit a
13. Violates the Consumer Protection Act
disabled individual relying on a service
(MCL 445.901 to 445.922) which lists
animal from housing the animal.
multiple unfair trade practices; or
14. Requires the tenant to give the landlord a
Q6 How can a lease be terminated?
power of attorney.
Fixed-term tenancy: This type of
Q4 What if the lease contains a provision
tenancy is created when the lease agreement
that is prohibited by law or is missing the
specifies when the tenancy begins and when
required disclosure language?
it ends. It terminates automatically at the end
of the period specified. A fixed-term lease
A provision or clause in a lease that
ends on its own without further action.
violates the Truth in Renting Act is void.
However, many leases include the provision
The lease is not void – only the prohibited
that the lease converts to a month-to-month
provision. However, a landlord must fix the
tenancy at the end of the fixed term. Other
prohibited provision or add the required
leases state a sky-high increase in rent –
disclosure language within 20 days after the
sometimes double – if the tenant stays
tenant brings the deficiency to the landlord’s
beyond the fixed term.
attention in writing. If the landlord fails to
fix it within the time specified, the tenant
Periodic tenancy OR tenancy at will:
may bring an action to:
This type of tenancy is indefinite in
• Void the entire lease agreement;
duration. It is created by actual or implied
• Make the landlord remove the prohibited
consent. Usually a month-to-month tenancy,
the lease is considered renewed at the end of
provision from all lease agreements in
each rental period (month-to-month or
which it is included; and
T e n a n t s a n d L a n d l o r d s R e s o u r c e G u i d e
Page 8
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