MCL 554.633: Michigan Prohibited Lease Clauses

A Michigan lease must not (554.633(1)) …

• Waive or alter remedies for violations of the habitability covenants in MCL 554.139.
• Waive security deposit rights under MCL 554.601 to 554.616.
• Discriminate in violation of the Elliott-Larsen or persons with disabilities civil rights acts.
• Provide for a confession of judgment, or require the tenant to give the landlord a power of attorney.
• Exculpate the landlord from liability for failing to perform, or negligently performing, a legal duty (with a narrow insurance-related exception).
• Waive the right to a jury trial or other required notice or procedure in court.
• Make a party liable for the other's legal costs or attorney fees beyond what a statute specifically permits.
• Give the landlord a security interest in the tenant's personal property, except as specifically allowed by law.
• Accelerate rent on breach unless it also states the tenant may not owe the full accelerated amount because of the landlord's duty to minimize damages and that a court may determine the actual amount owed.
• Waive possession or eviction procedure rights, or release a party from the duty to mitigate damages.
• Let the landlord change lease terms after it starts without the tenant's written consent, except certain changes on at least 30 days' written notice (legal requirements, safety rules, and rent increases tied to specified taxes, utilities, or insurance costs).
• Violate the Michigan consumer protection act.
• Impose an extra fee on every allowed method of paying rent. At least one method must be free.

Other limits (554.633(2)-(3))

• A lease also must not include a clause that, at least 90 days before signing, was prohibited by statute or declared unenforceable by a published Michigan Supreme Court or U.S. Supreme Court decision on Michigan law.
• Any provision that violates the section is void.

Frequently asked questions

Sources

• MCL 554.633 (official text)