I am planning to lease out my apartment. Should I make a written lease?

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:

There is no hard and fast rule that the leases must be in writing. But it is always better to keep a written document approved by the parties to make it legally enforceable without much trouble.

For a written lease, it is essential to include the name and the address where the landlord will notify the tenant of changes to the lease. The lease must also tell tenants they must give the landlord a forwarding address in writing where they can be reached within four days after moving out. This must be clearly specified in the lease agreement.

The terms of the lease can be decided mutually and a landlord and the tenant can agree to almost anything in a lease that doesn’t violate federal, state, or local laws, rules, and regulations. A lease cannot take away the rights of a tenant or include terms to ensure faster payment of rent. If a lease has an illegal section and the landlord does not change it within 20 days of getting written notice of it, the tenants have the option to cancel or end the lease.
 

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.