Michigan House Bill HB5762

Michigan 2023-2024 Regular Session

• Introduced: 5/30/24
• Refer: 5/30/24

Caption

Housing: landlord and tenants; cross-reference to the revised statutes of 1846; remove. Amends sec. 6 of 1978 PA 454 (MCL 554.636).

Note

The operationalization of this bill is contingent upon the enactment of Senate Bill No. 5761, creating interdependencies between legislative changes that could affect housing laws in Michigan.

Impact

The proposed changes are designed to strengthen tenant protections and ensure compliance from landlords regarding the necessary terms in rental agreements. By providing clear actions tenants can take, including the potential for monetary compensation, the bill serves to deter landlords from including illegal provisions in rental agreements. This move may lead to increased awareness among landlords of their legal responsibilities, and could encourage more standardized rental practices across the state. The bill establishes a framework aimed at resolving disputes amicably while providing tenants the means to protect their rights.

Summary

House Bill 5762 aims to amend the Truth in Renting Act in Michigan, specifically addressing landlords' responsibilities when it comes to rental agreements. The bill outlines specific remedies tenants can pursue if a rental agreement contains unlawful provisions. Notably, if a landlord is notified by a tenant of a violation and does not cure the issue within 20 days, the tenant is granted the right to void the rental agreement, terminate the tenancy, or seek damages ranging from $250 to actual damages, whichever is greater. These provisions empower tenants to take direct legal action in the event of unfair rental practices.

Contention

One point of contention surrounding HB 5762 is the potential for increased litigation between tenants and landlords. Critics argue that the bill may lead to a rise in legal disputes over rental agreements, as more tenants might choose to take legal action in pursuit of damages or termination of their leases. Conversely, supporters of the bill argue that such legal remedies are necessary to ensure that tenants are treated fairly and are not subjected to unlawful provisions that could negatively impact their living situation. Moreover, the bill stipulates that if a rental agreement has been previously adjudged illegal by a court, tenants can bypass traditional notice requirements, which some feel could complicate enforcement.