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Michigan Lease Clauses Landlords Cannot Use (Truth in Renting)

Under the Truth in Renting Act (Act 454 of 1978, MCL 554.631 to 554.641), a written Michigan residential lease must not contain any of the 15 kinds of provision listed in MCL 554.633(1), and a clause that breaks the section is void (554.633(3)). The lease must also carry the two statements in MCL 554.634. A tenant can generally sue if you do not cure within 20 days of the tenant’s written notice (MCL 554.636).

Scope

MCL 554.632 limits the Act to written residential agreements. It also excludes hotels, motels, motor homes and other tourist accommodation used as temporary accommodation for guests or tourists, and premises used as the owner’s principal residence and rented occasionally during temporary absences such as vacation or sabbatical leave.

The prohibited provisions, MCL 554.633(1)

The section opens: “A rental agreement must not include a provision that does 1 or more of the following”.

Sub.The lease may not…
(a)waive or alter a remedy when the premises violate the fitness and habitability covenants of MCL 554.139
(b)waive a right under the Security Deposit Act (MCL 554.601 to 554.616)
(c)exclude or discriminate in violation of the Elliott-Larsen civil rights act or the persons with disabilities civil rights act (not in our source files)
(d)provide for a confession of judgment
(e)exculpate the lessor for failing to perform, or performing negligently, a duty imposed by law (the exculpation rule has a carve-out this article does not cover; read the section)
(f)waive or alter the right to a jury trial or any other right of notice or procedure required by law in court
(g)make a party liable for another party’s costs or attorney fees beyond what a statute permits
(h)give the lessor a security interest in the tenant’s personal property, except as specifically allowed by law
(i)accelerate rent after a breach unless it also states that the tenant may not owe the full amount because the landlord must minimize damages, and that a court may decide the amount
(j)waive or alter rights on possession or eviction under MCL 600.2918 or in summary proceedings (MCL 600.5701 to 600.5759)
(k)release a party from a duty to mitigate damages
(l)let the lessor alter the lease after it starts without the tenant’s written consent, except on written notice of not less than 30 days for (i) changes required by law and (ii) rule changes needed to protect health, safety or peaceful enjoyment (item (iii) lists cost increases this article does not cover; read the section)
(m)violate the Michigan consumer protection act
(n)require a power of attorney to the lessor
(o)charge a fee on all allowed payment methods; if the lease allows more than 1 method, at least 1 must be usable without an additional charge

Subsection (2) adds clauses that, not less than 90 days before the lease is signed, were prohibited by statute or declared unenforceable by a published decision of the Michigan Supreme Court or the U.S. Supreme Court relating to Michigan law. The History line shows 554.633 amended by 2026 Act 103 (Imd. Eff. Sept. 21, 2026), without saying which subdivision changed; re-read the whole list.

Mandatory statements, MCL 554.634

The lease must state the lessor’s name and address for notices under the Act and show, in a prominent place in type of at least 12 points (or legible print with letters not smaller than 1/8 inch), a notice “in substantially the following 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.

Cure and remedies, MCL 554.635 to 554.639

Counting the 20 days. A tenant gives written notice on Tuesday, 6 October 2026. Treating the next day as day 1, day 20 is Monday, 26 October 2026. The statute text does not say how to count weekends or holidays; the court rules do, and they are outside these files. Ask the court clerk or an attorney, and when in doubt finish early: here, deliver the cure by Friday, 16 October.

Printed forms, MCL 554.638

MCL 554.638 bars a commercial seller from offering for sale in Michigan a printed lease form that lacks a 554.634 statement, expressly and unambiguously violates 554.633, or contains a clause barred or declared unenforceable at least 90 days before the sale, and makes the seller liable for the purchaser’s damages if a tenant sues the purchaser. It does not say a purchased form excuses the landlord.

Checklist for your own lease

  1. Your name and notice address are in the lease, with the NOTICE above in 12-point or larger type.
  2. No clause matches (a) to (o), especially jury waivers, powers of attorney, liens on tenant belongings, acceleration and change-the-lease clauses.
  3. At least 1 fee-free way to pay rent.
  4. Found a problem with current tenants? Send the 554.635 cure notice and keep proof of delivery.

Common mistakes

This describes the statute; it is not legal advice. For a specific lease, see a Michigan attorney.

Checked against the text published on legislature.mi.gov on 5 October 2026.

Sources

Related guides

Informational only, not legal advice. Statute text checked against the Michigan Compiled Laws (MCL 554.131 to 554.139, 554.601 to 554.616, 554.631 to 554.641 and 600.2918, 600.5701 to 600.5759) as published at legislature.mi.gov on October 5, 2026. Statutes change and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Michigan landlord-tenant attorney.

Want the complete picture? The Michigan Small Landlord Compliance Guide puts the security deposit, lease, notice and eviction rules of the Michigan Compiled Laws in one place, with each rule cited to the statute text.

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