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Ann Arbor renters commission presses city attorney on unsigned leases and protections for prospective tenants
Summary
Commissioners described cases in which landlords offered but did not countersign leases, leaving prospective tenants uncertain; the commission discussed requiring landlords to sign before tenants, adding lease language that mandates countersigning within 10 days, education for students, and follow-up with the city attorney.
The Ann Arbor Renters Commission on May 21 discussed recurring complaints that landlords give prospective tenants lease forms that the landlord does not countersign, leaving renters unsure whether they are legally bound or able to pursue other housing.
Hannah, a commission member reviewing Chapter 105, said the group had again raised the Early Leasing Ordinance and problems with landlords issuing unsigned leases to prospective tenants. Commissioner Gail said the pattern is “primarily happening in the highrises” and suggested the commission consult the city attorney to clarify enforcement options and whether high-rise practices differ from standard apartments.
City attorney John Riser read the ordinance language that requires a landlord to countersign a successive lease within 10 days and return a copy to the tenant, and acknowledged that landlords “sitting on” countersignatures creates practical confusion about when a binding contract exists. Commissioners pressed whether the ordinance as written covers situations where a lease is offered without an assigned unit or when landlords ask for money before assignment.
Commissioners and guests described common fact patterns: prospective tenants who sign a lease early but are not given a countersigned copy, applicants who pay only an application fee (not a security deposit) and are then told the unit is unavailable, and students who sign leases without understanding that those signatures can create binding obligations. One commissioner suggested a simple local rule that “any lease that goes out from a landlord must be signed by the landlord before the residents,” and others proposed an addendum informing tenants that the landlord will countersign within 10 days.
The commission discussed policy options including: requiring landlord-first signature before applicant signature; an explicit addendum or clause in lease forms notifying prospective tenants of the 10-day countersign timeframe; and a local provision allowing a prospective tenant to cancel an uncountersigned lease with written notice. Commissioners also emphasized a tenant-education component — including outreach to University of Michigan orientation materials — because many younger renters do not consult municipal ordinances before signing.
No formal motion was taken. Commissioners asked staff and legal counsel to collect recent complaint files and to meet offline to draft clear language or options the commission can consider in a future meeting. The commission agreed to follow up with the building department and the city attorney to determine enforcement steps and whether additional ordinance language is needed.
