Mich. Comp. Laws § § 554.636
Actions; court costs and attorney fees; joinder; actual damages; effect of judicial construction; “tenant” defined.
Operative Text
Sec. 6. (1) If a rental agreement contains a provision which violates section 3, and if the landlord fails to cure the violation by exercising the notice provisions of section 5 within 20 days after the tenant gives written notice to the landlord of the provision believed to be in violation and the reason therefor, a tenant may bring an action for any of the following relief: (a) To void the rental agreement and terminate the tenancy. (b) To enjoin the lessor from including the provision in any rental agreement subsequently entered into and to require the lessor to exercise the notice procedure provided in section 5 to cure the violation in all rental agreements in which the provision occurs and to which the lessor is currently a party. (c) To recover damages in the amount of $250.00 per action, or actual damages, whichever is greater. (2) If a rental agreement fails to contain a provision as required by section 4 or contains a provision which is explicitly and unambiguously prohibited by section 3, and if the landlord fails to cure the violation by exercising the notice provisions of section 5 within 20 days after the tenant, or, where there is more than one plaintiff, each tenant, gives written notice to the landlord of the provision required by section 4 or absence of a provision believed to be in violation and the reason therefor, a tenant may bring an action for any of the following relief: (a) To avoid the rental agreement and terminate the tenancy. (b) To enjoin the lessor from including the provision which violates section 3 in any rental agreement subsequently entered into and to require the lessor to exercise the notice procedure provided in section 5 to cure the violation in all rental agreements in which the provision occurs and to which the lessor is currently a party. (c) To enjoin the lessor from failing to comply with section 4 in any rental agreement subsequently entered into and to require the lessor to exercise the notice procedure provided in section 5 to cure the violation. (d) To recover damages in the amount of $500.00, or actual damages, whichever is greater. (3) A tenant may exercise the remedies of this section without the prior notice to the landlord required by subsections (1) and (2) under any of the following circumstances: (a) If a rental agreement contains a provision which has previously been determined by a court of record to be in violation of section 3 in an action to which the lessor was a party. (b) If a rental agreement contains a provision which the lessor actually knew was in violation of section 3 at the time the rental agreement was entered into. (c) If a rental agreement does not include a provision as required by section 4 and the lessor actually knew that the provision was not included as required at the time the rental agreement was entered into. As used in subdivisions (b) and (c), "actual knowledge" shall be established by written documentation, evidencing the actual knowledge, written or issued by the lessor or an agent of the lessor who is authorized to execute rental agreements or by an admission, evidencing the actual knowledge, made by the lessor or an agent of the lessor who is authorized to execute rental agreements or by showing the lessor has previously given notice under section 5 relating to the same provision which is the subject of the current action. (4) A party who prevails in an action under this section is entitled to recover court costs plus statutory attorney fees. (5) All actions brought under subsection (1) with respect to a particular provision of a rental agreement shall be joined, and only 1 judgment for damages of $250.00 shall be awarded with respect to a particular provision even if there are multiple actions or multiple plaintiffs if, before judgment in the initial action and before the passage of 30 days after service of process in any second action, the lessor gives written notice to all tenants who are currently subject to that provision, stating that the enforceability of the provision is under dispute and may be determined by a court of law. However, this subsection does not prohibit a tenant from recovering actual damages, if any, with respect to an unlawful provision of a rental agreement. As used in this subsection, "action" means a court action instituted by a single plaintiff, a representative plaintiff, or multiple plaintiffs. (6) If a rental agreement contains the provisions as required by section 4 but contains a provision which violates this act, solely because of a judicial construction by a court of record of a provision of a statute cited in section 3 in an action to which the lessor was a party, the lessor shall not be subject to the penalties of this act unless the lessor fails to cure the violation by exercising the notice provisions of section 5 within 30 days following the final determination by the court. For purposes of this subsection, section 39(2) of chapter 66 of the Revised Statutes of 1846, being section 554.139 of the Michigan Compiled Laws, shall not be considered to have been judicially construed as of the effective date of this act. (7) For purposes of this section, "tenant" means a person who is currently a party to a rental agreement with the lessor.
Michigan MCL § 554.636 establishes a structured enforcement process when a rental agreement contains a prohibited clause or omits a required one. After a tenant provides written notice of the suspected violation, the landlord generally has 20 days to cure it; if the landlord does not, the tenant may pursue remedies including voiding the lease, seeking an injunction against future violations, or recovering damages of $250 (for certain violations) or $500 (for more serious ones), or actual damages if greater. Prevailing parties in such actions are entitled to court costs and statutory attorney fees.
Plain English — not legal advice.
Under MCL § 554.636, landlords who receive written notice from a tenant identifying a lease provision believed to violate the Michigan Truth in Renting Act generally have 20 days to cure the issue using the notice procedure outlined in section 5. Compliant operators routinely audit their lease forms to ensure prohibited clauses are absent and required disclosures are present, reducing exposure to injunctions, damages, and fee awards. Landlords who knowingly include unlawful provisions, or whose provisions have already been struck down in prior litigation to which they were a party, may not benefit from the 20-day cure period at all.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
MCL § 554.636 gives tenants a path to challenge rental agreements that contain prohibited provisions or omit required ones, but the process typically begins with written notice to the landlord identifying the specific problem and the reason it is believed to be unlawful. If the landlord does not cure the issue within 20 days, a tenant may seek remedies including lease termination, injunctive relief, or damages starting at $250 or $500 depending on the violation type, plus court costs and attorney fees if successful. Tenants who believe their lease may violate this provision can consult a tenant-rights organization or legal aid office to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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