Michigan Residential Lease Agreement

The Michigan residential lease agreement (“rental agreement”) is used by a landlord to rent a residential property for a fixed period of time. The terms are typically agreed upon by both landlord and tenant. The form becomes a legal contract after both parties have provided their signatures.

Michigan Lease Disclosures & Addendums

The following disclosures or addendums are either required for some or all residential lease agreements in Michigan.

• Landlord’s Name & Address – for all rental units in Michigan.
• Truth in Renting Act Disclosure – for all rental units in Michigan.
• Domestic Violence Protection Disclosure – for all rental units in Michigan.
• Move-in Checklist – for rental units in Michigan that charge a security deposit.
• Lead Based Paint Disclosure – for rental units in Michigan built prior to 1978.

There are also a number of optional disclosures and addendums that help reduce future conflicts and/or legal liability in Michigan.

Landlord’s Name & Address

Applicable to all rental units in Michigan.

So that future legal notices and demands sent to the landlord can be properly delivered, the name and address of either the landlord or the person authorized to act on the landlord’s behalf must be disclosed in the lease agreement .

Truth in Renting Act Disclosure

Applicable to all rental units in Michigan.

As part of the Truth in Renting Act, all residential lease agreements in Michigan must include a general statement of the rights a tenant has under state law . This law provides the exact language to be used for the disclosure (below).

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.

Domestic Violence Protection Disclosure

Applicable to all rental units in Michigan.

Michigan requires all lease agreements to include a specific notice on protection from domestic abuse, which allows a tenant with a certified proof of domestic violence victim status to be released of their lease obligation no later than 31 days after the rent is due after the notice is given . Michigan state law provides the exact language to be used for this disclosure in residential lease agreements (below).

A tenant who has a reasonable apprehension of present danger to him or her or his or her child from domestic violence, sexual assault, or stalking may have special statutory rights to seek a release of rental obligation under MCL 554.601b.

Move-In Checklist

Applicable to all rental units in Michigan.

Michigan landlords that intend to charge a security deposit are required to provide an inventory of the rental unit’s condition . This checklist, which must be identical to the one used upon move out, does not necessarily have to be attached to the lease agreement, but it does need to be provided to the tenant within 7 days of the move-in date .

The checklist should include any present damage or specific furnishings that are included (such as appliances or furniture) that must be returned in the same state they were upon move-in. Additionally, the checklist is required to have the following notice in legible writing at the top of the document :

You should complete this checklist, noting the condition of the rental property, and return it to the landlord within 7 days after obtaining possession of the rental unit. You are also entitled to request and receive a copy of the last termination inventory checklist which shows what claims were chargeable to the last prior tenants.

Here is an example of a checklist that is sufficient for meeting state requirements.

Lead Based Paint Disclosure

Applicable to any rental units built prior to 1978.

It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Michigan to:

• Fill out and attach this lead based paint disclosure form to the lease agreement.
• Provide the tenant with an EPA-approved pamphlet about the dangers of lead-based paint.
• Provide additional records or reports about the presence or hazards of any known lead based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.

Optional Disclosures & Addendums (Recommended)

The following lease agreement disclosures and addendums are not required by Michigan law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.

• Marijuana Use – it is recommended to state where marijuana use is and isn’t allowed on the property so that expectations are clear. Michigan law allows landlords to restrict marijuana usage to non-smoking methods only or control where users can smoke so as to not interfere with other tenants.
• Shared Utilities Arrangements – for rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month.
• Bed Bug Disclosure – for rental units with a history of infestation, it is recommended to establish an understanding of the current status of bed bugs at the property in case of a future infestation and to provide information on the protocol for handling one.
• Asbestos Disclosure – for rental units in buildings built prior to 1981 (which are considered at-risk for asbestos), it is recommended to establish an understanding of any prior knowledge on the existence of asbestos on the property.
• Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to tenant negligence during the lease term.
• Late or Returned Check Fees – to make sure fees for late or returned checks hold up in court if ever challenged, it is highly recommended to specifically outline them beforehand in the lease agreement. It’s also worth noting that the maximum limit for returned or bounced checks in Michigan is $25 (if paid within 7 days) or $35 (if paid within 30 days).

How to Fill Out a Residential Lease Agreement

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DOWNLOAD

Download a copy of our standard, fixed term residential lease agreement template, available in both PDF or Word format, to start. We also have a version for non fixed-term leases (i.e. month-to-month), as well as a one-page Simple version, which lacks some non-essential, albeit recommended, lease provisions.

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MAIN DETAILS

Start by writing the date the lease is being signed and executed on (not necessarily when the tenant will begin renting the property). Then identify the landlord and their address. Finally, list off each of the tenants that will be on the lease. They will collectively be legally responsible for the obligations outlined in this document. Children or others that are not financially accountable for rent will be named as an occupant(s) in the Use of Property section.

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PROPERTY DETAILS

Identify the address of the property that is being rented under the terms of the lease. Additionally, you may also want to include a description of the property (i.e. stating it’s a condominium, townhouse, or single-family property) to make sure it’s clear to both parties what exactly is being rented.

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LEASE TERM

Write the date the tenant will begin renting the property and when the initial term of the lease ends. Residential leases generally last for a year but can be shorter or longer, depending on the preferences of both parties. Additional terms are outlined to make sure both parties understand what happens after the end date listed.

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RENT & OTHER FEES

Provide the amount of rent and the date on which it is due. Make sure to check your local laws for any rent control ordinances that cap the amount that can be charged. Some leases may want to include a grace period, i.e. 5 days, for the tenant to pay the rent without it being deemed late. However, this isn't legally required. In order to charge additional fees, such as for late rent or bounced/returned checks, it is usually legally required to explicitly outline the specific terms in the lease before charging for them (which may also be capped by local laws).

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SECURITY DEPOSIT

State how will be charged prior to the start of the lease, in addition to the first month’s rent, as a deposit (“security deposit”) in the event of lease or property damages caused by the tenant. An amount equal to one month’s rent is usually considered reasonable. Make sure to check your local laws for caps on the maximum amount that can be charged and any rules on how these financial holdings must be kept.

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USE OF PROPERTY

Define all of the long-term occupants of the property, not just those who are legally and financially responsible for the obligations under the lease. This includes any additional family members, such as children. This does not need to include short-term visitors.

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ADDITIONAL PROVISIONS

Outline additional rules and responsibilities by either party during the lease term. The provided template includes a number of items, including rules on subletting, how much notice the landlord needs to enter, who is responsible for paying the utilities and whether pets are allowed or not. Make sure any and all responsibilities outlined comply with local laws.

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MANDATORY DISCLOSURES

Include any and all required disclosures mandated by federal, state, county or municipality laws. Federal law requires that any property built prior to 1978 include a lead based paint disclosure and additional documents for the tenant. Any state disclosures added to the templates provided on this website may be incomplete at the time they are downloaded.

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SIGNATURE

Consult with a qualified landlord-tenant attorney to make sure the document complies with all applicable laws, then have both parties sign to make the agreement legally binding. The landlord and tenant(s) are required to both sign and print their names. Additional witnesses typically aren't required. Once complete, the tenant(s) should be provided a copy for their records (which may be legally required) and the landlord should keep the original lease on file.