Michigan License Law Practice Test

In Tom and Mary's lease with a provision to waive their rights to the security deposit, what is the status of that provision?

1. It is enforceable by law.

2. It is unenforceable, but the lease is still good.

3. It voids the entire lease.

4. It requires landlord notification to be enforceable.

The correct answer is: It is unenforceable, but the lease is still good.

The provision to waive rights to the security deposit is considered unenforceable under Michigan law. This is because the law generally protects tenants from waiving certain rights, such as the right to a security deposit, as it ensures that renters have some level of financial protection against potential damages or unpaid rent. While the specific provision regarding the waiver of the security deposit may not hold legally, it does not impact the validity of the entire lease agreement between Tom and Mary and their landlord. The lease itself remains valid and binding, allowing the tenant to occupy the property and the landlord to collect rent as agreed. Therefore, the lease is still in effect, even if that particular provision is unenforceable. This understanding reflects the balance intended by lease laws, which protect tenants while still allowing them to enter into legal rental agreements.