Mich. Comp. Laws § § 554.638
Printed rental agreement form; sale; violation; damages.
Operative Text
Sec. 8. A printed rental agreement form which fails to include a provision required by section 4, which contains a provision which expressly and unambiguously violates section 3, or which contains a provision which, not less than 90 days before the sale, has been prohibited by statute or declared unenforceable by a published decision of the supreme court of this state or the United States supreme court relating to the law of this state shall not be offered for sale in this state by a commercial seller. A commercial seller who violates this section shall be liable for damages suffered by a purchaser of such a form in an action brought against the purchaser by a tenant under this act.
Under MCL § 554.638 (part of MCL § 554.631 et seq.), printed rental agreement forms sold commercially in Michigan must meet certain content standards. A form may not be sold if it omits provisions required by Section 4, contains language that expressly violates Section 3, or includes clauses that were prohibited by statute or declared unenforceable by the Michigan or U.S. Supreme Court at least 90 days before the sale. A commercial seller who offers a noncompliant form for sale can be held financially liable for damages that a purchaser of the form suffers as a result of a tenant's legal action.
Plain English — not legal advice.
Property owners and managers who purchase printed lease forms in Michigan should be aware that MCL § 554.638 places responsibility on commercial sellers—not just drafters—to ensure forms comply with statutory requirements and current court decisions. A compliant operator generally verifies that any pre-printed lease form they purchase includes all provisions mandated by Section 4, omits language prohibited by Section 3, and does not contain clauses that courts or statutes have invalidated. If a landlord suffers damages because a tenant successfully challenges a lease provision that a commercial seller should not have included, that landlord may have a claim against the seller under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
MCL § 554.638 gives tenants a basis to challenge lease provisions that appear in commercially sold forms but are legally prohibited—whether because they violate Section 3, omit required Section 4 content, or contain clauses invalidated by statute or court decision at least 90 days before the form was sold. Tenants who believe their lease contains such a provision may raise it as a defense in a legal proceeding or file a complaint with a tenant-rights organization for guidance on available options. Consulting a tenant-rights organization or legal aid office familiar with Michigan landlord-tenant law can help clarify whether a specific lease clause falls within the protections of this provision.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation