The United States Constitution provides every individual the freedom and right to own property in their own name. The Office of the Recorder protects that freedom by permanently recording all original documents pertaining to property ownership and real property transactions. Real property records can be examined to ensure good title, and recording of documents may entitle a person to a lien, security interest, or priority to stand in line ahead another creditor.
Michigan Notice of Lease for Recording
Category:
State:
Michigan
Control #:
MI-LEASE-5
Format:
Word;
Rich Text
Instant download
Description
This Memorandum and Notice of Lease Agreement is designed to be recorded in the official records in order to provide notice that a lease exists on a certain parcel of real estate. It is used in lieu of recording the entire lease agreement.
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FAQ
Recording a lease means that it (or a Notice of Lease) is submitted to the public record, usually at the local Registry of Deeds following the signing of it by both parties.Some states require that certain kinds or length of leases be recorded, so parties should review their applicable state laws.
The Lease Must be in Writing It does not matter if the lease is handwritten or typed. If the lease is for more than one year, it must be in written form and contain the following terms.
Leases with an initial term not exceeding seven years are not required to be recorded so long as each renewal term under the lease (a) is for seven years or fewer, and (b) may be effected or prevented by a party to the lease or its assigns.
In Michigan, the landlord must give the tenant at least 7 days' notice before filing to evict for non-payment of rent, for causing damage to the home, or for creating a health hazard.
You can still break the lease by paying all the rent due for the remaining lease term. Under Michigan law, you only need to pay the amount the landlord loses, in the event of breaking the lease. No matter what your reason for leaving is, landlords must make reasonable efforts to re-rent the unit.
Recording a lease means that it (or a Notice of Lease) is submitted to the public record, usually at the local Registry of Deeds following the signing of it by both parties.Some states require that certain kinds or length of leases be recorded, so parties should review their applicable state laws.
Tenant Rights to Withhold Rent in MichiganTenants may withhold rent or exercise the right to repair and deduct if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Michigan Tenant Rights to Withhold Rent or Repair and Deduct.
In the event of an unregistered lease deed / rent agreement that requires mandatory registration, the courts have termed the tenancy to be a month tenancy, terminable on a 15 days notice, by either of the parties. This means that lessee cannot enforce the agreed lease period on the lessor.
The lease becomes legally binding when all parties have signed: the landlord and all tenants living in the unit who are 18 and older. If you're worried about situations where a lease needs to end early, learn about breaking a lease and grounds for eviction.