Are these lease terms legal and/or enforceable?

2 Replies

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

These clauses are generally "against public policy" and most likely you will have a great time with the judge if there is any issue with the tenant. The best advice I can give you is to know your state's laws and get an attorney's opinion in your state.

this post is for entertainment and is Not legal advice.

Originally posted by @Chris Martin :

These clauses are generally "against public policy" and most likely you will have a great time with the judge if there is any issue with the tenant. The best advice I can give you is to know your state's laws and get an attorney's opinion in your state.

this post is for entertainment and is Not legal advice.

 Mr. Martin is absolutely correct. The only person who can comment on the legal validity of these clauses is an attorney licensed to practice in the state whose laws govern the transaction. I would highly recommend speaking with an attorney located in this state. Generally speaking, such provisions would not be upheld in my jurisdiction, but that is no indication of whether they would in yours.

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