A Michigan lease agreement is one of the key factors in any rental process. Whether you're looking for rental agreements for commercial or residential properties, you must ensure that these documents have all the clauses required by Michigan rental laws.
Michigan law establishes rights for both landlords and tenants, and all of those factors must be included in your rental agreements. Otherwise, one of the parties involved could seek assistance from a legal counselor or another qualified person.
When you draft your rental obligation document, you must include all the terms, clauses, and other important information about your rental property and the rental conditions themselves; these factors include rent payments, security deposits, repairs, termination terms, and other factors.
This page will tell you everything you need to know about a Michigan lease agreement. We're also going to include a few links so that you can draft your rental obligation document without any problems.
A rental contract in Michigan is a legal contract that includes all the rules and regulations from the property owner (or landlord) surrounding their rental unit.
This rental agreement document must adhere to the Michigan landlord-tenant laws and the Truth in Renting Act.
Overall, you can expect to find information surrounding the Truth in Renting Act clauses, the security deposit, the lease term, monthly rent payments, and more.
While every lease agreement should include the same general clauses (such as the ones from the Truth in Renting Act), the landlord is also free to include any other rental agreement they consider appropriate for their commercial or residential property as long as it follows Michigan law.
Those landlords who want to allow a Michigan sublease agreement can also do so as long as the rules are appropriate. They can seek assistance from a legal counselor for more information on this matter.
What to Include
Below is an overview of all the rules that all Michigan lease agreements must include. Keep in mind that these rules apply for both a Michigan commercial lease agreement and a residential lease agreement.
Currently, Michigan law preempts rent control rules over the state. This means that the landlord is able to charge as much money as they consider appropriate to the tenant. Moreover, landlords don't have to provide the tenant any notice if they're planning to increase the amount of rent.
If the tenant fails to pay rent under the provided time frame, the landlord could take legal measures. As part of the rent amount disclosure, the landlord must also include guidelines for late payments and renewals.
The security deposit is used by the landlord to pay for unexpected damages to the property caused by the tenant, including:
- Structural damages
- Painting any part of the property with an unapproved color
- Damaged fixtures
- Damaged flooring
- Unreasonable wear and tear
- Furnishing damage
In Michigan, the security deposit's maximum is 1.5 months' worth of rent. Once the tenant moves out of the property, the landlord has approximately 30 days to give the money back. If the landlord fails to return the security deposit under the provided time frame, they may have to face legal consequences.
Overall, the security deposit is one of the most crucial parts of a Michigan lease agreement, so make sure all of the information surrounding this part adheres to Michigan law and complies with your needs as a landlord.
Warranty of Habitability and Repairs
As part of any Michigan rental application, the landlord must offer the tenant a property that ensures all of the items in this inventory checklist:
It's vital to note that landlords can't evict tenants for requesting a habitable unit. In Michigan, landlords have to provide repairs under a "reasonable" period. Otherwise, the tenant may be able to legally withhold rent.
Lease Termination Conditions/Evictions
There are many factors to consider here. In the case of the termination of lease agreements, the landlord must provide at least 30 days of notice to the tenant if they're working with a monthly lease agreement. However, the landlord can evict the tenant without any prior notice if one of the following conditions apply:
- Lease violation
- Nonpayment of rent
- Active military duty
- Early termination clause
- Landlord harassment
- Domestic violence
- Other illegal acts
Landlord's Right to Entry
Michigan laws don't have any conditions surrounding a landlord's right to enter the property, so they must come to an agreement about the notice timeframe with their tenant. In emergency cases, the landlord is not expected to provide written notice.
Aside from all the clauses stated in the binding contract, the landlord may include any particular rules that they consider appropriate for their property. These rules include but are not limited to:
- Smoking rules
- "Party" or guest rules
- General disturbance rules
- Pet rules, including size, pet fees, and allowed types of pets
Remember that landlords are able to include as many rules as they want as long as they're compliant with Michigan's laws.
Creating your Michigan rental agreement doesn't have to be a burden. You will find two free templates below where you can fill out the information required and add any other qualified terms:
Remember to double-check that these documents have everything you need for your property, and make the appropriate adjustments as you deem appropriate.
The following is a list of non-negotiable terms and conditions you must include in your rental agreement document:
- Authorized People: You must include a list of everyone involved with the management of your property.
- Lead-Based Paint: If the property was built before 1978, the document must include a disclosure in the lease agreement.
- Truth in Renting Act: Every rental document in Michigan must adhere to the Truth in Renting Act, and they must also include a disclosure including the tenant's rights, as well as the language used for the disclosure.
- Domestic Violence: The document must include a notice of protection from domestic abuse. Any tenant who presents any danger to him or her (or his or her child), can seek a rental obligation release by providing written notice.
Other disclosures that aren't mandatory but are recommended include:
- Marijuana use
- Bed bug disclosures
- Asbestos disclosure
- Mold disclosure
- Arrangements for shared utilities
The types of rental agreements in Michigan can include:
- Standard Agreements
- Fixed-period Agreements
- Rental Application Forms
- Sublease Agreements
- Roommate Agreements
- Commercial Agreements
Build Your Own
Some templates may not have what you need to fulfill your rental needs. In these cases, you can create a customized lease agreement document online. It's a multiple-choice quiz that will let you choose everything you want for your document.
Once you're done, you'll get your customized document, which you can use at any moment you prefer.
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Tenants can also sign these rental documents electronically, which makes everything much more comfortable for everyone. You can request a demo today.
Is there an anti-discrimination disclosure for tenants in Michigan?
According to the Michigan Department of Civil Rights, tenants may file a complaint if they feel they've been discriminated against. Moreover, the Fair Housing Act prohibits discrimination of any kind.
Does the landlord have to provide a move-in checklist in Michigan?
Yes. If the landlord wants to charge a security deposit, they must provide the tenant with two copies of the rental unit's current inventory.
Can landlords change the locks of the property in Michigan?
No. Landlords may not change the locks as a way to evict their tenants. However, the tenant may be allowed to change the locks. There isn't any clear disclosure in Michigan laws.