Mich. Comp. Laws § § 554.633
Rental agreement; prohibited provisions or clauses; violation.
Operative Text
Sec. 3. (1) A rental agreement must not include a provision that does 1 or more of the following: (a) Waives or alters a remedy available to the parties when the premises are in a condition that violates the covenants of fitness and habitability required under section 39 of 1846 RS 84, MCL 554.139. (b) Provides that the parties waive a right established by 1972 PA 348, MCL 554.601 to 554.616, that regulates security deposits. (c) Excludes or discriminates against a person in violation of the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2101 to 37.2804, or the persons with disabilities civil rights act, 1976 PA 220, MCL 37.1101 to 37.1607. (d) Provides for a confession of judgment by a party. (e) Exculpates the lessor from liability for the lessor's failure to perform, or negligent performance of, a duty imposed by law. This subdivision does not apply to a provision that releases a party from liability arising from loss, damage, or injury caused by fire or other casualty for which insurance is carried by the other party, under a policy that permits waiver of liability and waives the insurer's rights of subrogation, to the extent of any recovery by the insured party under the policy. (f) Waives or alters a party's right to demand a trial by jury or any other right of notice or procedure required by law in a judicial proceeding arising under the rental agreement. (g) Provides that a party is liable for legal costs or attorney fees incurred by another party, in connection with a dispute arising under the rental agreement, in excess of costs or fees specifically permitted by statute. (h) Provides for the acquisition by the lessor of a security interest in any personal property of the tenant to assure payment of rent or other charges arising under the rental agreement, except as specifically allowed by law. (i) Provides that rental payments may be accelerated if the rental agreement is breached by the tenant, unless the provision also includes a statement that the tenant may not be liable for the total accelerated amount because of the landlord's obligation to minimize damages, and that either party may have a court determine the actual amount owed, if any. (j) Waives or alters a party's rights with respect to possession or eviction proceedings provided in section 2918 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2918, or with respect to summary proceedings to recover possession as provided in chapter 57 of the revised judicature act of 1961, 1961 PA 236, MCL 600.5701 to 600.5759. (k) Releases a party from a duty to mitigate damages. (l) Provides that a lessor may alter a provision of the rental agreement after its commencement without the written consent of the tenant, or, in the case of a rental agreement between a consumer cooperative that provides housing and a member of the consumer cooperative, without the approval of the board of directors of the cooperative or other appropriate body elected by members who are also tenants of the cooperative, except that an agreement may provide for the following types of adjustments to be made on written notice of not less than 30 days: (i) Changes required by federal, state, or local law or rule or regulation. (ii) Changes in rules relating to the property that are required to protect the physical health, safety, or peaceful enjoyment of tenants and guests. (iii) Changes in the amount of rental payments to cover additional costs in operating the rental premises incurred by the lessor because of increases in ad valorem property taxes, charges for the electricity, heating fuel, water, or sanitary sewer services consumed at the property, or increases in premiums paid for liability, fire, or worker compensation insurance. (m) Violates the Michigan consumer protection act, 1976 PA 331, MCL 445.901 to 445.922. (n) Requires the tenant to give the lessor a power of attorney. (o) Imposes an additional charge or fee on all methods for the payment of rent allowed under the lease agreement. For purposes of this subdivision, if a rental agreement allows for more than 1 method for the payment of rent, the rental agreement must have a provision that allows at least 1 method for the payment of rent to be used without the tenant incurring an additional charge or fee. (2) A rental agreement must not include a clause or provision that, not less than 90 days before the execution of the rental agreement, has been prohibited by statute or declared unenforceable by a published decision of the supreme court of this state or the United States Supreme Court relating to the law of this state. (3) A provision or clause of a rental agreement that violates this section is void.
MCL § 554.633 identifies a list of provisions that Michigan landlords are prohibited from including in residential rental agreements. These include clauses that waive habitability rights, strip tenants of security deposit protections, discriminate against protected classes, allow rent acceleration without mitigation disclosures, or let landlords unilaterally change lease terms without proper notice. Any clause that violates this section is automatically void and unenforceable, even if both parties signed the agreement.
Plain English — not legal advice.
Under MCL § 554.633, compliant Michigan rental agreements omit any clause that waives habitability remedies, alters security deposit rights, or exculpates the landlord from legally imposed duties. Operators generally ensure that at least one rent-payment method carries no additional fee, that any rent-acceleration clause includes the required mitigation-of-damages disclosure, and that mid-lease changes follow the written-notice and consent requirements spelled out in the statute. Reviewing lease templates against the full list in § 554.633 before each tenancy helps avoid void provisions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
MCL § 554.633 gives Michigan tenants a baseline of protections that cannot be signed away, including rights related to habitability, security deposits, jury trials, and civil rights. If a lease contains a clause that violates this section, that clause is void by operation of law, meaning a tenant may be able to raise its unenforceability as a defense in a court proceeding. Tenants who believe their lease contains a prohibited provision can consult a local tenant-rights organization or legal aid office for general information about their options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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