Is a lease void if there are illegal clauses in it?

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Is a lease void if there are illegal clauses in it?

After signing my lease I decided to do a little research and found that there was more than one illegal clause in it. Does this void the lease or just the illegal parts?

Asked on July 16, 2011 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First you need to read the express terms of your lease for your answer. Most leases have a clause in the document itself stating that in the event any provision within it is held to be illegal or unenforceable, the remainder of the agreement would still be in force and effect.

If certain provisions in the written lease are illegal, then those provisions would most likely be unenforceable as being violative of public policy. If the illegal provisions go to the heart of your agreement with your landlord, then most likely the entire agreement is infected by the illegality and would be void.

If you have a local rent board, perhaps a wise course is to contact it about the lease.


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