Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 9
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39Q2 What provisions should be included in
Q3 What provisions are prohibited by law
the lease?
from being included in the lease?
The Michigan Truth in Renting Act
The Michigan Truth in Renting Act
(MCL 554.631 to 554.641) regulates
regulates residential leases – prohibiting
residential leases – requiring the landlord to
certain clauses or provisions and prescribing
disclose certain information. Leases differ
penalties. A provision or clause in a lease
somewhat in terms, but a written lease
that violates the Truth in Renting Act is
should include:
void. In particular, a written lease shall not
1. Name and signature of the landlord;
include a provision which:
2. Name and signature of the tenant;
1. Waives or alters a remedy available to a
3. Rent amount to be paid, how frequently,
party when the rental property is in a
and when and where it is to be paid;
condition that violates the covenants of
4. Address of the rental property;
fitness and habitability;
5. Starting and ending dates if it is a fixed-
2. Waives a right established under the
term tenancy;
laws that regulate security deposits;
6. Landlord’s mailing address;
3. Unlawfully excludes or discriminates
7. Amount of the security deposit, if any;
against a person in violation of the laws
8. Name and address of the financial
relating to civil rights;
institution holding the security deposit;
4. Provides for a confession of judgment
9. Notice of the tenant’s obligation to
and/or warrant of attorney, e.g.,
provide a forwarding address to the
requiring a person to give up certain
landlord within 4 days of terminating the
legal rights in advance;
tenancy;
5. Relieves the landlord from liability for
10. Who is responsible for paying utilities;
the landlord’s failure to perform a duty
11. Repair and maintenance responsibilities;
or for negligent performance of a duty
12. Eviction procedures;
imposed by law (however, the landlord’s
13. Any other terms and conditions that the
duty could be waived to the extent a
landlord and tenant agreed to; and
tenant was able to recover under an
14. This statement must be provided in a
insurance policy for loss, damage, or
prominent place in the lease, in at least a
injury caused by fire or other casualty);
12-point font size:
6. Waives or alters a party’s right to
“NOTICE: Michigan law establishes
demand a jury trial or any other right of
rights and obligations for parties to
notice or procedure required by law;
rental agreements. This agreement is
7. Provides that a party is liable for legal
required to comply with the Truth in
costs or attorney fees incurred by the
Renting Act. If you have a question
other party in excess of costs or fees
about the interpretation or legality of
specifically permitted by statute;
a provision of this agreement, you
8. Provides for the landlord to take a
may want to seek assistance from a
security interest in any of the tenant’s
lawyer or other qualified person.”
personal property to assure payment of
Note: Two copies of an inventory checklist
rent or other charges, except as
must be provided to the tenant when he or
specifically permitted by statute;
she takes possession of the rental property.
9. Provides that rental payments may be
accelerated if the tenant violates a lease
provision, unless that amount is
determined by the court;
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 7
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