Last updated: April 2, 2026
Michigan Tenant Rights: Lease Clauses the Truth in Renting Act May Void
Michigan has something most states don't: the Truth in Renting Act (MCL §554.631 et seq.). This law doesn't just protect tenants from bad landlord behavior — it identifies specific types of lease clauses that may be void under Michigan law. If your landlord included them, the Act provides that they may have no legal effect, regardless of whether the tenant signed the lease.
The problem? Most tenants don't know which clauses the Act targets. They see the language in their lease, assume it's binding, and act accordingly — paying fees they may not owe, accepting entry they could object to, or forfeiting protections that Michigan law may still provide.
This guide focuses on the lease provisions that the Truth in Renting Act addresses.
The Truth in Renting Act: What It Does
The Truth in Renting Act (TIRA) prohibits landlords from including certain provisions in residential rental agreements. If a lease contains a provision that conflicts with TIRA, that provision may be void — it has no legal effect, regardless of whether the tenant signed the lease.
Under MCL §554.633, a tenant can recover actual damages or $250, whichever is greater, for each violation included in the lease. If the violation is willful, the tenant may be able to recover up to $500 per violation. Attorney's fees may also be awarded.
This is a powerful tool. A lease with three void clauses could expose the landlord to $750-$1,500 in statutory damages before any actual harm occurs.
Clauses That May Be Void Under Michigan Law
"Tenant waives the right to a jury trial"
Under TIRA, MCL §554.633 prohibits lease provisions that require the tenant to waive the right to a jury trial. Michigan courts have consistently held that pre-dispute jury trial waivers in residential leases may not be enforceable. If your lease includes this language, the Act provides that it may not be enforced against you.
"Tenant waives all rights to notice before eviction"
Under TIRA, a lease clause that waives the tenant's right to eviction notices may be void. Michigan law requires specific notice procedures before eviction, depending on the reason. For nonpayment of rent, the landlord must provide a written demand for possession giving the tenant at least seven days to pay or vacate (MCL §554.134). For other lease violations, the notice requirements vary.
"Tenant agrees to pay landlord's attorney fees in all legal proceedings"
Under TIRA, one-sided attorney's fee provisions may be void. The Act prohibits clauses that require the tenant to pay the landlord's attorney fees unless the provision is reciprocal — meaning the landlord would also pay the tenant's fees if the tenant prevails. A one-directional attorney's fee clause may constitute a TIRA violation.
"Landlord not liable for injuries on the premises"
Under Michigan law, a lease provision that attempts to absolve the landlord from liability for injuries caused by the landlord's negligence or failure to maintain the premises may not be enforceable. The landlord's duty to maintain common areas and address known hazards generally cannot be waived by contract in residential leases.
"Tenant authorizes landlord to confess judgment"
Under TIRA, confession of judgment clauses — where the tenant pre-authorizes a court judgment against themselves — may be void in Michigan residential leases. If your lease includes this language, it may constitute a TIRA violation and is a significant red flag about the landlord's practices.
"Tenant waives right to receive a security deposit itemization"
Under Michigan's Security Deposit Act (MCL §554.601 et seq.), the landlord must provide an itemized list of damages within 30 days of the tenant's move-out. The Act provides that this right generally cannot be waived. A clause that attempts to waive or modify the itemization requirement may not be enforceable.
"Tenant agrees that landlord may retain the security deposit for any reason"
Under the Security Deposit Act, deductions are limited to specific categories: unpaid rent, damage beyond normal wear and tear, and utilities and other obligations under the lease. A blanket retention clause may exceed what the statute permits.
If any of these clauses sound familiar, FlagMyLease can compare your entire lease to Michigan law in under 3 minutes.
Michigan's Security Deposit Rules: The Second Line of Defense
Michigan's Security Deposit Act (MCL §554.601-.616) is separate from TIRA but equally important.
Deposit cap: One and a half months' rent. A landlord cannot require a security deposit exceeding this amount (MCL §554.602). If your lease demands more, the excess is a violation.
The inventory checklist. Within four days of the start of occupancy, the landlord must provide the tenant with a checklist of the existing condition of the premises (MCL §554.608). The tenant has seven days to review and return the checklist noting any disagreements. This checklist becomes critical evidence in deposit disputes.
Move-out itemization. The landlord must mail an itemized list of damages to the tenant's forwarding address within 30 days of move-out (MCL §554.609). If the landlord fails to provide this itemization within 30 days, the landlord must return the full deposit.
Double damages. If the landlord wrongfully retains the deposit — fails to provide the itemization or retains the deposit without justification — the tenant may be able to recover double the amount of the deposit (MCL §554.613). This is one of the strongest deposit penalties in the country.
The move-in checklist is your leverage. Michigan is one of the few states that requires a formal condition checklist at the start of tenancy. Take this seriously. Note every scratch, stain, and imperfection. Take dated photographs. If a dispute arises at move-out, this checklist — plus your photos — is your primary evidence.
Landlord Entry: What Michigan Requires
Michigan does not have a specific statute setting a minimum notice period for landlord entry. However, the common law covenant of quiet enjoyment — recognized in Michigan courts — generally requires reasonable notice for non-emergency entry.
What "reasonable" means in practice: Most Michigan leases specify 24 hours, which courts would likely find reasonable. A lease that provides no notice requirement, or that allows entry "at any time for any reason," pushes against the quiet enjoyment standard.
The TIRA connection: A lease clause that says "tenant waives any right to privacy or quiet enjoyment" would likely be void under TIRA as a waiver of legal rights. While the entry notice isn't specifically codified, the underlying right to quiet enjoyment is well-established.
Habitability and Repairs
Michigan recognizes an implied warranty of habitability through court decisions and local housing codes. The landlord must maintain the premises in a condition fit for habitation.
Lease clauses that conflict:
"Tenant accepts premises in as-is condition and assumes all maintenance obligations" — while leases can assign minor maintenance to tenants, a broad waiver of the landlord's habitability obligations may be void. The implied warranty generally cannot be waived in a residential lease in Michigan.
"Landlord is not responsible for mold, lead paint, or environmental hazards" — to the extent these conditions render the premises uninhabitable or violate building codes, the landlord cannot disclaim responsibility through a lease clause.
Michigan's approach to repair remedies is somewhat limited compared to states with specific repair-and-deduct statutes. Tenants' primary options include: reporting code violations to local housing inspection agencies, raising habitability defenses in eviction proceedings, and pursuing damages through small claims court.
Three More Clauses That may not hold up in Michigan
1. "Late fee of 25% of monthly rent"
Michigan does not have a statutory late fee cap, but courts apply a reasonableness standard. A late fee must be a reasonable estimate of the landlord's actual damages from late payment. A 25% late fee on a $1,200/month apartment ($300) significantly exceeds any reasonable estimate of the landlord's collection costs and would likely be found unconscionable.
2. "Tenant forfeits all rights to the premises upon 3 days' delinquency"
This type of forfeiture clause conflicts with Michigan's statutory eviction procedures. The landlord cannot claim the tenant has "forfeited" the premises without going through the court process required by Michigan law. Self-help evictions — changing locks, removing belongings, shutting off utilities — are prohibited under Michigan law.
3. "Tenant may not withhold rent for any reason"
While Michigan's rent-withholding remedies for habitability issues are more limited than some states, a clause that prohibits a tenant from ever raising habitability as a defense in court proceedings is a waiver of legal rights that TIRA prohibits.
What Makes Michigan's Rental Market Distinct
Detroit's complexity. Detroit's rental market includes a large stock of older housing with significant habitability challenges, a high concentration of single-family rentals, and a significant number of land-contract arrangements that blur the landlord-tenant line. Tenants in Detroit face unique challenges related to housing quality, code enforcement capacity, and landlord responsiveness.
College towns. Ann Arbor, East Lansing, and Kalamazoo have competitive rental markets driven by student demand. Landlords in these markets often use standardized lease templates and have less flexibility on terms. Student renters are particularly vulnerable to problematic lease clauses because they're often signing their first lease and face intense time pressure at the start of the school year.
The auto industry legacy. Michigan's economic shifts have created diverse rental market conditions across the state — from tight markets in growing areas like Grand Rapids to softer markets in communities that lost manufacturing employment. These different conditions produce very different lease environments.
TIRA is underutilized. Despite being one of the more tenant-protective statutes in the Midwest, the Truth in Renting Act is not widely known among Michigan tenants. Many leases contain multiple TIRA violations because landlords — especially smaller ones using internet templates — don't know the law either.
What To Do If Your Michigan Lease Has Clauses TIRA May Void
- You don't have to fight before signing. Void clauses may be void whether you argue about them or not. They may not be enforceable regardless of whether you raised the issue.
- But it helps to know. If you know a clause may be void, you won't be intimidated into compliance when the landlord tries to enforce it. Knowledge changes behavior.
- Document the violations. If you believe your lease contains TIRA violations, document them. If a dispute arises, the statutory damages under TIRA ($250-$500 per violation) may give you significant leverage.
- Use the checklist. Complete the move-in inventory checklist thoroughly. Return it within the seven-day window. Keep your copy. This single document can save you thousands at move-out.
- Know your small claims court. Michigan's small claims court handles cases up to $6,500. Most deposit disputes, TIRA violation claims, and minor repair damage claims fall within this limit.
Early Termination Rights You May Not Know About
Federal and state law may provide early termination rights that apply regardless of what your lease says about breaking the lease early:
Military service members may terminate a residential lease under the federal Servicemembers Civil Relief Act (SCRA) with 30 days' written notice when they receive permanent change of station orders or deployment orders for 90 days or more. This right applies nationwide and cannot be waived by the lease.
Domestic violence, sexual assault, and stalking survivors may have early termination rights under state law. Most states provide some form of lease termination protection for tenants who are victims of domestic violence — though the specific requirements (documentation, notice period, and qualifying circumstances) vary by state. Check your state's specific provisions or contact a local domestic violence organization for guidance.
Don't just know your rights — check your lease. Upload your Michigan lease to FlagMyLease and get a clause-by-clause comparison to Michigan law in under 3 minutes. Your risk score and a preview of your first flagged clause are free.