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Michigan residential lease is this a legal clause?

August 16th, 2010 shearie Posted in Residential Lease Agreements | 3 Comments »

If Landlord re-enters the Leased Premises and terminates the tenancy of Tenant pursuant to this section, Tenant’s duty to pay rent shall accelerate, and all rent shall be due immediately, subject to Landlord’s duty to minimize damages. Either party may have a court determine the actual amount owed, if an, due to the acceleration of rent.

I have looked in the Truth in Renting Act It state that you cannot accelerate rent owed when you terminate your lease early.

I have also looked up Illegal Provisions in Lease Agreements and this statement was in the Illegal Provisions.


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3 Responses to “Michigan residential lease is this a legal clause?”

  1. Patrick Says:
    August 16th, 2010 at 3:04 am

    Your research is correct. The TRUTH IN RENTING ACT (Act 454 of 1978) makes it illegal to accelerate rent. Specifically it is 554.633 Rental agreement; prohibited provisions or clauses; violation, Section 3.1 (i).

    You may need a tenant advocacy group on your side to ensure that the landlord complies with all the proper laws.

    In addition Michigan has the following law: Illegal Clauses – A landlord has 20 days to correct any illegal clauses in the lease that are brought to their attention. If they do not, it can void the lease and you can recover up to $500.00 in damages.

    Now, if you pursue this law, you will be giving your landlord an out because he can sit still and have the lease voided. But, if you owe him any money, he will end up owing you around $500 so it may end up being a wash as his debt to you could cancel your debt to him.

    good luck!

  2. Bob D Says:
    August 16th, 2010 at 3:45 am

    To add to Patricks answer. You may be about to sue in small claims court for moving costs etc if he does play the voiding game. Dont expect him to pay but having a judgrement against him may help someone else later.

  3. goz1111 Says:
    August 16th, 2010 at 4:35 am

    you keep on posting this statue but statute is one part, their is also state case law that will be controlling and the facts, since their is always exceptions to the law

    1. did the landlord terminate the lease or did the tenant? and what was the grounds for termination

    2. at what point did the landlord re-rent the unit?

    3. A landlord has a duty to mitigate their damage

    4. assuming we are talking residential lease, and not commercial

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