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Michigan Residential Lease Agreement

A free Michigan lease template, plus what Michigan law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.

Disclosures Michigan requires

Landlord notice addressThe rental agreement must state the name and address at which notices to the landlord may be given.
Applies to: all residential rental agreements
Security deposit noticeA landlord who takes a security deposit must, within 14 days after the tenant takes possession, give written notice of the landlord's name and address for communications, the name and address of the financial institution or surety holding the deposit, and the tenant's duty to give a forwarding address in writing within 4 days after moving out. The notice must include the statutory statement beginning 'You must notify your landlord in writing within 4 days after you move of a forwarding address where you can be reached and where you will receive mail; otherwise your landlord shall be relieved of sending you an itemized list of damages...' (use the full wording in MCL 554.603) in 12-point boldface type at least 4 points larger than the body of the notice or lease. The landlord may not require the deposit until this notice is given.
Applies to: tenancies with a security deposit
Source: MCL 554.603
Move-in inventory checklistWhere a security deposit is taken, the landlord must give the tenant two blank move-in inventory checklists (matching the move-out form) covering all landlord-owned items in the unit. The first page must begin with a 12-point boldface notice telling the tenant to complete the checklist noting the property's condition, to return a copy within 7 days of taking possession, and that the tenant may request and receive a copy of the prior tenant's last move-out checklist.
Applies to: tenancies with a security deposit
Source: MCL 554.608
Domestic violence release noticeThe lease may include the statutory statement that a tenant with a reasonable apprehension of present danger from domestic violence, sexual assault or stalking may have special statutory rights to seek a release of rental obligation under MCL 554.601b. If the lease does not include it, the landlord must post it in a visible place in the property management office or give it to the tenant in writing when the lease is signed, using the exact statutory wording.
Applies to: leases entered into, renewed or renegotiated after the provision took effect
Source: MCL 554.601b

Terms Michigan law requires or controls

Truth in Renting Act noticeThe rental agreement must contain, in a prominent place, a notice in substantially this form: 'NOTICE: Michigan law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person.' Type must be at least 12-point, or legible print with letters at least 1/8 inch.
Applies to: all residential rental agreements
Fitness and repair covenantsEvery residential lease includes the landlord's promises that the unit and common areas are fit for their intended use, will be kept in reasonable repair during the term, and comply with state and local health and safety laws (except where the tenant's willful or irresponsible conduct caused the problem). The parties may modify these duties only in a lease of at least 1 year. The tenant's chance to inspect before signing does not waive them.
Applies to: all residential leases
Source: MCL 554.139
Security deposit limitThe security deposit may not exceed 1.5 months' rent.
Applies to: all residential leases
Source: MCL 554.602

Clauses that are void in Michigan

Waiving habitability remediesA lease may not waive or change the parties' remedies when the premises violate the fitness and repair covenants of MCL 554.139.
Applies to: all residential rental agreements
Waiving deposit rightsA lease may not require a waiver of rights under the security deposit law (MCL 554.601-554.616).
Applies to: all residential rental agreements
DiscriminationA lease may not exclude or discriminate against a person in violation of the Elliott-Larsen Civil Rights Act or the Persons with Disabilities Civil Rights Act.
Applies to: all residential rental agreements
Confession of judgmentA lease may not allow a party to confess judgment.
Applies to: all residential rental agreements
Landlord liability releaseA lease may not release the landlord from liability for failing to perform, or negligently performing, a legal duty. Exception: a waiver of fire or casualty losses covered by the other party's insurance, where the policy allows it and waives subrogation, up to the amount recovered.
Applies to: all residential rental agreements
Jury trial and court notice waiversA lease may not waive or change a party's right to a jury trial or any legally required notice or procedure in a court case arising under the agreement.
Applies to: all residential rental agreements
Attorney feesA lease may not make one party pay the other's legal costs or attorney fees beyond what a statute specifically allows.
Applies to: all residential rental agreements
Security interest in tenant propertyA lease may not give the landlord a security interest in the tenant's personal property to secure rent or other charges, unless specifically allowed by law.
Applies to: all residential rental agreements
Rent accelerationA lease may not accelerate rent after a breach unless it states that the tenant may not owe the full accelerated amount because of the landlord's duty to mitigate, and that either party may ask a court to decide the amount actually owed.
Applies to: all residential rental agreements
Eviction-procedure waiversA lease may not waive or change rights in possession or eviction proceedings under MCL 600.2918 or summary proceedings (MCL 600.5701-600.5759).
Applies to: all residential rental agreements
Duty to mitigateA lease may not release a party from the duty to mitigate damages.
Applies to: all residential rental agreements
One-sided changesA lease may not let the landlord change it after it begins without the tenant's written consent, except that it may allow, on at least 30 days' written notice, changes required by law, rule changes needed for health, safety or peaceful enjoyment, and rent increases to cover higher property taxes, utilities or insurance premiums.
Applies to: all residential rental agreements
Consumer protection violationsA lease may not include a provision that violates the Michigan Consumer Protection Act.
Applies to: all residential rental agreements
Power of attorneyA lease may not require the tenant to give the landlord a power of attorney.
Applies to: all residential rental agreements
Payment-method feesA lease may not add a fee to every allowed way of paying rent; if more than one method is offered, at least one must be free of extra fees.
Applies to: all residential rental agreements
Clauses already held unenforceableA lease may not include a clause prohibited by statute, or declared unenforceable by a published Michigan Supreme Court or U.S. Supreme Court decision on Michigan law, at least 90 days before the lease is signed. Any provision violating this section is void.
Applies to: all residential rental agreements

Format and delivery rules

Type size for deposit and checklist noticesThe forwarding-address statement must be in 12-point boldface type at least 4 points larger than the body text; the checklist notice must be in 12-point boldface on the checklist's first page; the Truth in Renting notice must be at least 12-point (or letters at least 1/8 inch).
Applies to: all residential rental agreements
Penalty and cureIf a lease contains a prohibited clause or omits a required one, a tenant may give written notice; if the landlord does not cure within 20 days, the tenant may sue to void the lease, stop future use of the clause, and recover the greater of actual damages or $250 (or $500 for some violations), plus costs and statutory attorney fees.
Applies to: all residential rental agreements
Source: MCL 554.636

Fill in the lease

Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Michigan law must be written to meet the rule shown above.

1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].

2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].

3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Michigan law requires.]

4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].

5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Michigan law (None (common law)).

6. Security deposit. Tenant pays a security deposit of $[deposit amount], within the Michigan limit (MCL 554.602). Landlord will return it, minus lawful deductions with any required itemized list, within the time Michigan law sets (MCL 554.609; MCL 554.610; MCL 554.613).

7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].

8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.

9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.

10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.

11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Michigan law requires (MCL 600.2918(3)(b) (no general entry statute)), except in an emergency.

12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.

13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Michigan law requires.

14. Truth in Renting Act notice. (Write this clause to meet Michigan law: see "Truth in Renting Act notice" above (MCL 554.634(2)).)

15. Fitness and repair covenants. (Write this clause to meet Michigan law: see "Fitness and repair covenants" above (MCL 554.139).)

16. Security deposit limit. (Write this clause to meet Michigan law: see "Security deposit limit" above (MCL 554.602).)

17. Disclosures attached. Landlord has given Tenant these disclosures required by Michigan law: Landlord notice address; Security deposit notice; Move-in inventory checklist; Domestic violence release notice. [Attach each one.]

18. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."

19. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.

Landlord: [landlord name]   Signature: ____________   Date: [date signed]
Tenant: [tenant name(s)]   Signature: ____________   Date: [date signed]

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.