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What A Lease Cannot Say

MCL 554.633 — the clauses a rental agreement must not include, and each one is void

  • Waiving or altering a remedy for premises that violate the covenants of fitness and habitability.
  • Waiving security deposit rights.
  • A confession of judgment.
  • Excusing the landlord from liability for failing to perform, or negligently performing, a duty imposed by law.
  • Waiving the right to a jury trial, or a notice or procedure required by law, in a proceeding under the agreement.
  • Making a party liable for the other's legal costs or attorney fees beyond what a statute permits.
  • Releasing a party from the duty to mitigate damages.
  • Letting the landlord change the agreement after it starts without the tenant's written consent, apart from the adjustments the section allows on written notice of not less than 30 days.
  • Requiring the tenant to give the landlord a power of attorney.
  • Charging an extra fee on every allowed method of paying rent; at least 1 method must be free of one.
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Those are among the provisions the section lists, and a provision that violates the section is void.

Accelerated rent. A clause accelerating rent on the tenant's breach must also state 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.

Already struck down. A rental agreement must not include a clause that, not less than 90 days before it was signed, had been prohibited by statute or declared unenforceable by a published decision of the Michigan Supreme Court or the United States Supreme Court on Michigan law.

Whether a particular clause is enforceable, and what follows if a landlord relies on one, are questions for a licensed Michigan attorney.

Sources for this section (1)
  1. MCL 554.633 — Rental agreement; prohibited provisions or clauses

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.

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