The Michigan sublease agreement is a binding contract between an existing tenant (“sublessor”) and a new tenant (“sublessee”). The sublessee gains access to all (or a portion) of the rental in exchange for regular, periodic payments. The sublessor must have permission from the landlord to sublet the property.
This rental agreement is used by the sublessor to replace their tenancy with another person when they can no longer fulfill the fixed-term commitment of the lease. Having another person living in the apartment while the tenant is not able to live there will remove the burden of having to pay the rent at that location as well as where they are staying in the median period of time. With a sublease agreement active, the sublessee will be able to have the same rights as the original tenant while they are staying there.
Subletting Laws in Michigan
Based on the Michigan laws, when a tenant would like to sublet the property that they are renting, the landlord will not be able to keep them from doing so. There are no specific rules when it comes to subleasing in this state, but the landlord will likely wish to be notified if this type of arrangement is going to happen. The only way that the landlord can prevent a sublease agreement form going into effect is if the original lease states that it is not allowed on the property. If subleasing is not permitted, the sublessee could be considered s trespasser, which could be grounds for termination against the original tenant.
What to Include in a Michigan Sublease Agreement
- The date of the sublease agreement. This will include the date that it will end and whether or not their tenancy can be renewed.
- The name of the sublessor (the original tenant) and the sublessee (the new tenant).
- The address of the unit that is being subleased.
- The amount of rent that the sublessee will need to pay each month, the date that it is due, and the location where the rent check should be delivered.
- The security deposit that the sublessee will be required to pay. This may not be needed with all sublease agreements.
- The terms of the agreement. Information about pets, smoking, parking, and more should be included here.
- The sublessee and the sublessor will need to sign and date the document. If the landlord requires consent to be given, they can sign the document as well.
Required Disclosures in Michigan
Each state’s landlord-tenant laws have different requirements for what needs to be disclosed in a residential lease agreement. Michigan is no different. There are 3 things you NEED to have included.
Truth in Renting Act
In Michigan, landlords are required to include a notice about the Truth in Renting Act in their lease agreements. The notice must state:
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.” This notice must be no smaller than size 12-point type, or be in legible print with letters not smaller than 1/8 inch (Mich. Comp. Laws §554.634).
Rights of Domestic Violence Victims
Michigan landlords must have a provision in their lease agreements stating the following:
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.
If the rental agreement or lease doesn’t have this stated, the landlord must post the provision (in a place visible to a reasonable person) within the landlord’s property management office, leasing center, lobby, etc., or the written statement must be delivered to the tenant when the residential lease agreement is signed.