Lease Agreements: Waiving State Law In Michigan?

In Michigan, leases are governed by state laws that outline the rights and responsibilities of both landlords and tenants. While oral leases are permitted, written leases must adhere to specific formatting requirements and include terms that do not violate federal, state, or local laws. This includes prohibited clauses that discriminate against tenants or violate their rights under the Consumer Protection Act (CPA). Tenants in Michigan have certain protections, such as the ability to terminate a lease early under specific circumstances, while landlords are obligated to maintain the property and provide habitable housing. Understanding these laws is crucial for both parties to avoid legal issues and ensure a smooth rental process.

Security deposits

In Michigan, a security deposit is money a tenant gives a landlord when they move in, which may need to be returned to the tenant after the tenancy ends. The security deposit is the tenant's property unless the landlord establishes a right to all or part of it. A landlord may require a security deposit for each rental unit, but it shall not exceed 1.5 months' rent.

Before signing a lease, it is advisable to ask about the security deposit and associated fees and costs. A landlord should provide a move-in checklist and notify the tenant in writing no more than 14 days after the lease starts or the tenant moves in. The notice must include the landlord's name and address, and the tenant must provide a forwarding address within four days of moving out. The notice must be in at least 12-point bold font and at least four font sizes larger than the rest of the lease. The notice must also specify where the money will be kept, usually a bank or credit union.

If a landlord does not return a security deposit, the tenant can file a lawsuit to try to reclaim it. If a landlord does not start a court case or return the deposit within 45 days of the tenant moving out, the tenant can sue for double the amount of the deposit if they have provided a forwarding address. If a landlord does not provide this information, the tenant is not bound by the four-day forwarding address rule. If a landlord does not return a deposit or provide a list of damages within 30 days of a tenant moving out, they cannot use the security deposit to pay for any damage.

Discrimination

In Michigan, the law protects tenants from illegal discrimination in housing. A landlord cannot discriminate against tenants based on their marital status, i.e., whether they are married, divorced, or single. This means that a landlord cannot refuse to rent to two unrelated people wanting to live in the same room, nor can they charge two application fees or make each tenant qualify separately for a rental. Landlords must allow unrelated roommates to do anything a married couple could do. They also cannot discriminate in advertisements, for example, by stating a preference for a specific type of tenant. Ads targeted at specific regions to target racial or age groups are also considered discriminatory.

In addition, Michigan law prohibits housing discrimination on the basis of height or weight. People with physical, mental, or emotional disabilities that significantly limit one or more major life activities are also protected. However, a landlord who owns housing for older people is exempt from rules against age and familial status discrimination. Such housing must have 80% or more of its rooms occupied by people over 55 and must follow other rules.

If a tenant believes they have been discriminated against, they can contact a Fair Housing Center in their area for help. If a landlord fails to provide habitable housing under local and state housing codes, a court may conclude that they have "constructively evicted" the tenant, meaning the tenant is no longer responsible for the rent.

Lease termination

Tenants in Michigan who have occupied their rental unit for more than 13 months can terminate their lease by providing a 60-day written notice to their landlord if they become eligible for subsidized senior citizen housing and can provide written proof of this. Additionally, if a tenant becomes incapable of living independently due to age or illness, they can terminate their lease early by providing a 60-day written notice along with a notarized statement from a physician certifying their condition.

Tenants who enter active military service after signing a lease can also break their lease under federal law. To do so, they must be part of the "uniformed services," which include the armed forces, commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), the Public Health Service, and the activated National Guard. In this case, tenants must provide written notice of their intent to terminate their tenancy due to military reasons.

If a landlord fails to provide habitable housing as outlined by local and state housing codes, tenants may be able to argue that they have been "constructively evicted" and are therefore no longer responsible for rent payments. However, Michigan law sets specific requirements for the procedures tenants must follow before moving out due to major repair issues, such as a lack of heat or other essential services.

Tenants who are victims of domestic violence, sexual assault, or stalking, or who fear such violence, may also have the right to terminate their lease early in Michigan. To do so, they must meet specified conditions, such as securing a personal protection order or filing a police report.

It's important to note that each lease may have different termination clauses, so tenants and landlords should carefully review their agreement. Some leases may include provisions that allow tenants to break the lease without incurring penalties, such as in cases of continual harassment by the landlord. In Michigan, landlords are not allowed to lock out their tenants or change the locks without the tenant's consent, as this would be considered constructive eviction.

Landlord entry

In Michigan, tenants always have a basic right to their privacy and to the peaceful enjoyment of their rental unit. However, landlords have a "right to entry" which is usually outlined in the rental agreement. This agreement should include notice periods for emergency and non-emergency situations.

Michigan law does not specify the amount of notice a landlord must give before entering a rental property. However, landlords can always enter a rental property with the tenant's consent. In the absence of any regulations, a judge or jury decides what is considered reasonable entry on a case-by-case basis. Landlords who enter a tenant's home without their consent or knowledge, or without providing advance notice, may find themselves in court. Tenants who can demonstrate a repeated pattern of illegal entry will fare better in court than those who cannot. Evidence offered in court may include emails or letters sent to the landlord regarding the privacy violations, as well as testimony from other tenants.

Landlords are legally permitted to enter a rental unit when the tenant gives permission, in the case of a real emergency, such as a fire, cracked water pipe, or serious gas leak, or if the landlord reasonably believes the tenant has abandoned the property. In this case, it is still advisable to give 24 hours' notice before entry.

A landlord-tenant guide produced by the Michigan state legislature suggests that the lease specify that the landlord may enter the property to make repairs, inspect the premises, and show the unit to prospective purchasers or tenants. It also suggests that the landlord should provide reasonable" notice in these situations, but no notice is necessary in an emergency.

Lease requirements

Lease agreements in Michigan must comply with the state's landlord-tenant laws to ensure legality and protection for both parties. While a written lease agreement is not explicitly required by Michigan law, it is highly recommended for both landlords and tenants to have a written document outlining the terms of the lease. A written lease agreement is, however, required for residential properties.

A lease agreement should include specific information and comply with laws regarding security deposits and rent increases. Key components typically found in a lease agreement include details about the property, duration of the lease, rent amount and due date, security deposit terms, maintenance responsibilities, rules for property use, and procedures for resolving disputes. The lease agreement must clearly outline the security deposit amount, the process for its return, responsibilities for repairs and maintenance, rules regarding late rent payment penalties, and procedures for lease termination or renewal. It should also detail the obligations of both parties, such as maintenance responsibilities, rent payment terms, and procedures for handling security deposits.

Permissible clauses in Michigan leases may address topics like pet policies, utilities, and subletting. A lease can restrict a tenant's behavior in many ways. For example, if a lease prohibits smoking or pets, the tenant must not smoke or keep pets on the property. A landlord and tenant can agree to change the lease at any time. Changes should be in writing and signed by both parties. Without the tenant's approval, a landlord can only change a lease to cover higher costs of taxes, utilities, or insurance. A landlord must provide written notice 30 days before changing the lease.

There are several types of clauses that are not allowed in leases in Michigan. For example, a lease cannot let a landlord take a security interest in a tenant's personal property to secure payment of rent or other charges. A lease cannot break any rules about security deposits, and it cannot discriminate against tenants. A lease cannot remove a landlord's responsibility to obey the laws related to rental housing, and it cannot force a tenant to make rental payments for future months due to a missed payment.

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