Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 9 years ago,

User Stats

19
Posts
4
Votes
Lisa A.
  • Sawyer, MI
4
Votes |
19
Posts

Are these lease terms legal and/or enforceable?

Lisa A.
  • Sawyer, MI
Posted

I have a question if two parts of a lease in Michigan are valid, legal, and or enforceable, and what to do if they are not.

The first one:

     "The renter agrees to vacate the house within three days after being notified in writing due to breach of this agreement."

That looks like the landlord expects the person to move out without being given a chance to remedy the situation, or for the landlord to follow eviction procedures. 

The second one:

  "The renter gives the owner, in addition to the lien given by law a lien on all property situated on the premises, including all furniture and household furnishing, whether property is exempt for execution or not, for the rent agreed to be paid, for any damage caused by renter, and for court costs and attorneys fees incurred under the terms hereof."

A lien on my property? Sounds very shady.

This seems even more bizarre. According to http://www.legislature.mi.gov/publications/tenantl..., page 5, number 8, a written lease shall not include a provision which: 

   "Provides for the landlord to take a security interest in any of the tenant’s personal property to assure payment of rent or other charges, except as specifically permitted by statute;"

Are these enforceable? Should I sign a lease with these provisions? 

Thanks.

Lisa

Loading replies...