What should I do if my lease has an illegal provision?

Full question:

I rent an apartment in Grand Rapids in Michigan with my family. I recently renewed my apartment lease with my landlord. The lease contained a provision that allowed the landlord to keep 50% of the security deposit at the end of the lease. I found the provision was against the Michigan Security Deposit Laws. I would like to know what I should do if the lease contains an illegal section.

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

Answer:

A written lease can include many provisions, but not if they violate laws. In Michigan, the Truth in Renting Act governs lease terms. If your lease has an illegal section, you must notify your landlord in writing. If they do not correct it within twenty days, you have several options:

  • You can cancel the lease and end your rental.
  • You can require the landlord to send a correction to all tenants who signed the lease to prevent future violations.
  • You can sue the landlord for $250 or your actual costs from the illegal lease, whichever is greater.

To pursue these options, you must file a case in court. If a required section is missing from the lease, you can sue for $500. Additionally, you may receive $250 for each illegal section or $500 for missing sections, but damages can only be claimed once per 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

In Michigan, the maximum security deposit a landlord can charge is one and a half times the monthly rent. For example, if your monthly rent is $1,000, the maximum security deposit would be $1,500. It's important for tenants to ensure that their security deposit complies with this limit to avoid illegal provisions in their lease. *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.*