Do I need a written lease for my Michigan apartment?

Full question:

I have an apartment in Michigan, and I have decided to lease it out. I am not sure about the procedures for creating a lease. Is it necessary that the lease must be written? If so what all information should it include?

  • Category: Landlord Tenant
  • Subcategory: Residential Lease
  • Date:
  • State: Michigan

Answer:

While leases in Michigan do not have to be in writing, it’s advisable to have a written document. A written lease is easier to enforce legally and helps clarify the terms for both parties.

Essential information to include in a written lease includes:

  • The names of the landlord and tenant.
  • The address of the rental property.
  • The landlord's address for notifications regarding the lease.
  • A requirement for tenants to provide a forwarding address in writing within four days of moving out.

The terms of the lease can be mutually agreed upon, as long as they comply with federal, state, and local laws. However, a lease cannot strip tenants of their rights or include terms that demand faster rent payment. If a lease contains illegal provisions, tenants can cancel it if the landlord does not correct it within twenty days of receiving written notice.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A lease in Michigan is valid if it includes the essential elements: mutual agreement between the landlord and tenant, a lawful purpose, and consideration (usually rent). Both parties must have the legal capacity to enter into a contract. While not required, having a written lease is advisable to clarify terms and protect both parties. Any terms must comply with federal, state, and local laws, and cannot violate tenant rights.