RESIDENTIAL LEASE
COVENANTS
1.
PREMISES. Landlord leases to Tenants the
dwelling located at 536 South Forest Avenue, Ann Arbor, Michigan 48104,
apartment # (the Premises), including no parking spaces. The premises are furnished. All furnishings in furnished Premises are
part of the Premises. Upon move-in, Tenants
will receive a move-in inventory checklist and will return a completed copy of
it to Landlord within seven (7) days after receiving it. The Premises are conclusively presumed to be
in good condition at move-in, unless Tenants specify objections on the move-in
inventory checklist. Such objections are
not a request for repairs.
2.
TERM AND POSSESSION. The lease Term runs from at
3.
4.
HOLDING DEPOSIT. To hold their unit until they take
possession, Tenants shall pay Landlord a holding deposit of $ . Upon taking
possession, the holding deposit converts to security deposit money. If Tenants do not take possession of the
Premises, the holding deposit is forfeited in full.
5.
SECURITY DEPOSIT. Tenants shall pay a security deposit
of $ before receiving possession of the
Premises. When there is more than one
tenant on this Lease, the security deposit is one joint deposit. Occupancy of the Premises is terminated when
the last Tenant, including his/her subtenant vacates. Landlord is not required to allocate the
deposit among Tenants or to attribute liability for charges against the deposit
to individual Tenants. Any amount of
deposit that is returned shall be returned in a check, payable to all Tenants,
or, if all Tenants have authorized Landlord in writing, only to one
Tenant. In the case of more than one
Tenant, Landlord shall send the joint check to the forwarding address submitted
by the first Tenant alphabetically.
Security Deposit Act communications shall be addressed to Landlord at
the address in paragraph 7. Tenants may
not elect to use the deposit for rent.
If Tenants cause damages that exceed the amount on deposit, they will
pay those excess damages immediately upon receiving Notice thereof. The name and address of the financial
institution where your deposit will be held is PNC Bank,
You must notify your landlord in writing within 4 days after you move
of a forwarding address where you can be reached and where you will receive
mail; otherwise your landlord shall be relieved of sending you an itemized list
of damages and the penalties adherent to that failure.
6.
NONREFUNDABLE PROCESSING FEE. Tenants shall pay a nonrefundable
Processing Fee of $ before receiving possession of the Premises.
7.
PLACE OF PAY
8.
APPLICATION OF TENANTS’ MONEY. Money received by Landlord from
Tenants (or in their behalf) shall be applied to Tenants’ account as
follows: first to satisfy unpaid late
fees, dishonored check fees, and to other fees owed by Tenants; second to maintenance
and repair costs chargeable to Tenants; third to legal fees and court costs
legally chargeable to Tenants, including costs incurred prior to curing a
default; fourth to outstanding utility bills that are the responsibility of
Tenants; fifth to deposits or portions thereof due from Tenants; sixth to charges,
fines, and assessments against Landlord caused by Tenants; seventh to rent. Restrictive language on a check or in any
communication, including those accompanying a payment, shall not constitute an
accord and satisfaction or amend this provision.
9.
DEFAULT AND REMEDIES. Tenants’ noncompliance with any
covenant of this lease is a default. If
Tenants default, Landlord may have all remedies legally permitted, including
termination of this tenancy and declaring all remaining rental installments
immediately due and owing. Landlord may
terminate this tenancy on 24 hours written notice if Tenants (or any one
of them), a member of Tenants’
household, or other person under Tenants’ control unlawfully manufactures,
delivers, possesses with intent to deliver, or possesses a controlled substance
on the premises. Tenants shall reimburse
Landlord for all legal fees, costs, and expenses legally recoverable and for
all damages caused by their default, including costs of rerenting the Premises,
such as showing, advertising, and preparing them; all lost rent for the
remainder of the term and succeeding terms for which Landlord and Tenants have
a lease and for which Landlord does not collect through mitigation; and the
maximum amount of interest allowed by Michigan law on Tenants’ debt, from the
date Tenants vacate. Tenants may not be
liable for the total accelerated amount because of Landlord’s obligation to
minimize its damages, and either party may have a court determine the actual
amount owed. If other Premises owned or
managed by Landlord are available for lease, it shall not be unreasonable for
Landlord to lease them before Tenants’ Premises. From the date of execution, time is of the
essence of this lease. If Landlord
terminates this tenancy or obtains a judgment against Tenants for possession
that is not redeemed, all renewals, lease extensions, or leases for a future
term that Landlord and Tenants have executed, or to which they have agreed, are
canceled.
10.
UTILITIES. For the entire Term, Tenants shall
place utilities for the Premises into their names, maintain uninterrupted
service, and timely pay all utility bills, including electricity, telephone,
television cable, and internet access. Tenants
shall pay all charges of utility providers because of late payment or other
default. Landlord is not responsible for
utility service interruptions that are beyond its control or due to necessary
repairs, replacements, or alterations.
11.
LATE FEES AND DISHONORED CHECKS. Tenants shall pay Landlord a late
fee of $20.00 when a rental installment is 3 days late and an additional late
fee of $30.00 when a rental installment is 10 days late or more. Partial payment of a rental installment does
not abate late fees. In addition to late
fees, Tenants shall pay Landlord $25.00 for each check to Landlord that is
dishonored. Late fees and dishonored
check fees shall be paid by the first of the calendar month following the month
in which they accrue and are deemed to be Rent as of that date.
12.
CHRONIC LATE PAYMENT OF RENT. Rent is due on the first of each
month, and notwithstanding Paragraph 11, Landlord may terminate this lease
because Tenants are chronically late with rent payments. Chronic late payment means failing to pay
rent by the due date on three or more occasions during this lease.
13.
KEYS. Landlord may retain a key to the
Premises throughout the lease. Tenants
shall not change any lock without Landlord’s prior written consent, and Tenants
shall provide Landlord with a key to any new or altered lock immediately upon
its installation. Landlord may charge
Tenants a reasonable amount for replacing lost keys and for assisting Tenants
in gaining entry to the Premises.
14.
ENTRY BY LANDLORD. Landlord or its agents may enter the
Premises in an emergency or to perform repairs, maintenance, code inspections,
appraisals, insurance inspections, other purposes reasonably related to the
operation of the building, and to show the Premises for sale or lease. Except during an emergency or when Landlord
reasonably believes there is an emergency, all entries shall be made during
reasonable hours, and Landlord shall make reasonable efforts to inform Tenants
of its intention to enter and to establish a mutually acceptable time.
15.
MAINTENANCE. Tenants shall maintain the Premises
in a neat, clean, and orderly manner; use and maintain them in accordance with
applicable police, sanitary, and all other regulations imposed by governmental
authorities; observe all reasonable regulations and requirements of
underwriters concerning use and condition of the Premises tending to reduce
fire hazard and insurance rates; and immediately inform Landlord when there is
a need for Landlord to perform repairs or maintenance. Tenants shall not cause or permit any waste
or misuse of utility fixtures or of any portion of the Premises. Tenants shall reimburse Landlord for all
damages caused by such waste or misuse; for all permit, inspection, and
certification costs Landlord incurs because of Tenants’ noncompliance with this
lease or applicable laws; and for all damages resulting from Tenants’ not
timely reporting the need for repair or maintenance. Landlord may invoice Tenants for the cost of
any repairs/replacements (other than normal wear and tear) made necessary by
Tenants during the term of this Lease.
The amount of such invoices is deemed unpaid rent and shall be due with
the rental installment for the month following the month in which the invoice
is sent. Tenants shall pay and be liable
to Landlord and/or Landlord’s insurer (in contract and/or tort) for the repair
of all damage to, and/or replacement of, the Premises and structure of which
they are a part, including fire and flood damage, in any way caused or made necessary
by Tenants, their guests, invitees, licensees, or agents. Nothing in this clause waives or lessens
Landlord’s obligation to maintain and repair the Premises under
16.
HOLD HARMLESS. Tenants agree for themselves, their
heirs, and personal representatives to hold Landlord harmless from all damages,
including damages to the Premises and structure of which they are a part; all
lost rents for the Premises and structure of which they are a part; and all
liability that results from their negligent or illegal use of the Premises and
from their intentional misuse of them, including common areas of any apartment
building. When claims against Landlord’s
insurance are paid because of acts or omissions of Tenants or their visitors,
guests, or invitees, Tenants will reimburse Landlord for any insurance
deductible it pays.
17.
DAMAGE TO TENANTS’ PROPERTY. Landlord and its agents do not
provide any insurance coverage for personal property of Tenants, their guests
or invitees, and shall not be liable for any damage, loss, or destruction of
such property from any cause, including acts or omissions of third parties,
unless caused by Landlord’s or its agents’ nonperformance or negligent
performance of a duty imposed by law or by their grossly negligent or
intentional actions. TENANTS SHALL IN
18.
ALTERATIONS. Alterations to the Premises without
Landlord’s prior written consent are prohibited. Landlord is not liable to reimburse Tenants
for any alteration, unless agreed in writing.
Alterations are the property of Landlord, but upon lease expiration or
earlier termination, Landlord may designate, in writing, alterations it wishes
to have removed, and Tenants, at their expense, shall remove them promptly and
repair any damage caused thereby, leaving the Premises in the same condition
they were before the alteration.
19.
RETURN OF PREMISES. Tenants shall return the Premises at
the expiration of the term (or earlier termination) in as good a condition as
when received, reasonable wear and tear excepted. Early surrender of the Premises, including
surrender accepted in writing, does not extinguish any of Tenants’ obligations
to perform under this lease, including payment of all rent required hereunder.
20.
AMENDMENT. This Lease may be amended only in
writing, signed by all parties; except that on thirty days written notice to
Tenants, Landlord may amend this Lease to conform with changes required by
federal, state, or local law, rule, or regulation or to implement changes in
rules relating to the Premises that are required to protect the physical
health, safety, or peaceful enjoyment of Tenants and guests.
21.
CAPTIONS. Paragraph captions are to assist
with identification and have no legal significance.
22.
WAIVER. Landlord’s nonenforcement of a
provision of this lease on one (1) or more occasions is not a continuing waiver
of Landlord’s right to enforce the provision, and its consent to an act of
Tenants on one (1) or more occasions (where consent is required) is not a
continuing consent to any subsequent similar act by Tenants. No breach is waived by Landlord unless waived
in writing.
23.
SEVERABILITY. A court ruling that a portion of
this Lease is invalid or the parties’ written agreement not to observe a
portion of this Lease shall not invalidate any other clauses of this Lease
24.
PETS. Pets are never allowed in the
Premises. Guide or leader dogs, hearing
dogs, or service dogs of Tenants or their guests or invitees, that meet the identification
and training verification requirements of
25.
SUCCESSORS BOUND. Heirs, successors, assigns, and
representatives of Landlord and Tenants shall be bound by the covenants of this
Lease.
26.
USE AND QUIET ENJOYMENT. Tenants shall comply with all
applicable laws and ordinances; use the Premises only for strictly residential
purposes; and refrain from all conduct that unreasonably disturbs each other,
other Tenants, occupants, neighbors of the building, or Landlord. No business of any sort shall be located in
or conducted from the Premises. Tenants
are entitled to quiet enjoyment of the Premises throughout this Lease so long
as they comply with its covenants.
27.
JOINT AND SEVERAL LIABILITY. When there is more than one Tenant
on the lease, each Tenant is jointly and severally (individually) liable for
its full performance.
28.
UNTENANTABILITY. If the Premises become wholly
untenantable because of fire or other casualty, Landlord may terminate this
lease by written notice to Tenants, and Tenants shall surrender the Premises to
Landlord. If for the same reasons the
Premises become partially untenantable, or wholly untenantable without Landlord’s
terminating the lease, Landlord shall repair the Premises with reasonable
speed. From the date of the casualty,
until repairs are substantially completed, Rent shall abate in the same
percentage that the Premises are untenantable, unless the untenantability is
caused by negligence or intentional misconduct of Tenants or their family,
occupants, employees, guests, invitees, agents, or anyone on the Premises by
reason of association with any of them, in which case rent shall not
abate. Landlord is not liable for
failure to repair until Tenants notify Landlord of the need for repair and a
reasonable time to make the repair has passed thereafter. For purposes of Landlord’s right to terminate
this lease, the Premises are “wholly untenantable” if 50 percent or more of the
Premises are untenantable.
29.
SUBLETTING AND OCCUPANCY. Tenants may not sublet the Premises,
or any part thereof, without Landlord’s prior written permission, which shall
not be denied unreasonably. Landlord may
evaluate proposed subtenants as it evaluates prospective Tenants, including
acceptability to remaining prime Tenants.
Unless Landlord authorizes a sublet, only those listed herein as
Tenants/occupants may occupy the Premises.
30.
ABANDONMENT. If during the Term Landlord believes
that Tenants have abandoned the Premises and current rent is unpaid, Landlord
may enter the Premises and remove remaining possessions of Tenants without
liability therefor. Abandonment is presumed
conclusively if rent is unpaid for fifteen days following the due date and (a)
a substantial portion of Tenants’ possessions have been removed or (b)
acquaintances of Tenants or other reliable sources advise Landlord that Tenants
have left without intending to re-occupy the Premises. If Tenants abandon or surrender the Premises
at any time and leave personal property there, Landlord may dispose of it
however Landlord chooses, and Tenants shall reimburse Landlord for all costs it
incurs in that regard.
31.
HOLDING OVER. Tenants shall vacate the Premises on
or before the expiration date of the lease.
If Tenants retain possession thereafter without Landlord’s written
permission, Landlord has thirty days from the last day of the lease to sue for possession under section 5714 (1)(c)(ii)
of the Michigan Summary Proceedings Act (holding over after lease
expires). If suit is not begun within
that time, the tenancy shall continue on a month to month basis from the date
the lease expires, and all other covenants of this lease shall remain in full
force and effect; except that Rent shall increase by one hundred percent
(100%), beginning on the first day after lease expiration, regardless of
whether suit is brought or the tenancy becomes month-to-month. Landlord’s acceptance of money from Tenants
during the thirty days following lease expiration does not waive Landlord’s
right to seek possession as described in this paragraph, and Tenants shall
compensate Landlord for all damages caused by their unauthorized holdover.
32.
LIMITED CANCELLATION RIGHTS. A Tenant who has occupied the
Premises for more than thirteen (13) months may terminate this lease upon sixty
(60) days written notice to Landlord if:
(i) Tenant has become eligible during the term to take possession of a
subsidized rental unit in senior citizen housing and provides Landlord with
written proof thereof; or (ii) Tenant has become incapable during the term of
living independently, as certified by a physician in a notarized
statement. If a Tenant executes this
Lease while in military service, or enters military service after this lease
has been executed by that Tenant (or by someone in his/her behalf), and
thereafter receives military orders for a permanent change of station or to
deploy with a military unit for a period of not less than 90 days, he/she may
terminate this Lease at any time after the Tenant’s entry into military service
or the date of the Tenant’s military orders described in paragraph (1) (B) or
(2) (B) of subsection (b) of Section 305 of the Servicemembers
Civil Relief Act, being 50 USC App 535, Sec 305 et seq. Election to cancel under either subsection of
this paragraph is limited to the Tenant to whom the foregoing applies, and the
lease, including joint and several liability, if any,
continues in full force and effect for remaining Tenants.
33.
ENTIRE AGREEMENT. This lease is the Parties’ entire
agreement, and they enter it voluntarily.
There are no other agreements that are part of this lease or to which
the parties are bound unless specifically enumerated herein. Tenants’ application to lease is incorporated
herein, and Tenants covenant that the information supplied in that application
was and continues to be accurate.
NOTICE:
34. MEDIATION.
If
communication between the Tenant(s) and Landlord breaks down, a mediator can
assist the parties in voluntarily reaching a mutually acceptable settlement of
the issue(s) in dispute. All parties to this agreement agree that the
University of Michigan Off-Campus Housing Program will assist in disputes
involving University of Michigan students for which one of the parties requests
assistance and (a) all parties will make
a reasonable and good faith effort to settle such disputes through the program;
(b) any party to this lease may request mediation; (c) program staff may enter
and inspect the premises after notice to both parties and at reasonable times; and
(d) this provision does not preclude other legal rights of parties. The parties agree to keep the mediation
proceedings confidential.
35. RULES AND REGULATIONS.
36.
DISCLOSURES. All attached disclosures are incorporated into this Lease.
Some things your landlord writes in the lease or says
to you may not be correct representations of your rights.
Also, you may have rights and duties not mentioned in
your lease. Such rights may include
rights to repairs, rights to withhold rent to get repairs done, and rights to
join a tenants union or to form your own union.
Such duties may include the duty to pay rent due and the duty not to
cause a serious heath hazard or damage beyond reasonable wear and tear.
Additionally, some lease clauses may be subject to
differing legal interpretations. If you
think that a clause in your lease or something your landlord says to you is
unfair, you may contact your own lawyer, legal aid society, or tenants union lawyer for their opinions.
City
ordinance requires landlord to furnish to tenant prior to executing lease a
copy of Rights and Duties of Tenants.
Tenant’s signature acknowledges receipt of booklet.
NOTICE: YOU HAVE THE RIGHT TO PRIVACY IN YOUR RENTAL HOME.
CITY LAW ESTABLISHES GUIDELINES THAT THE OWNER AND HER/HIS AGENTS MUST FOLLOW
BEFORE ENTERING YOUR HOME. YOU MAY
No owner of rental
property shall lease the property without furnishing to the tenant, before the
time of entering into the lease, a budget plan.
As used in this section, “Budget Plan” means a projection of monthly
utility costs for primary heating fuel prepared by the public utility company. This section shall apply to the rental of all
dwelling units for which budget plan information is available from the utility
company without charge and in which the tenant is required to pay the owner or
the utility company a utility charge for heating fuel in addition to rent. The budget plan statement shall be in
writing, included as part of the leasing agreement, but may be prepared by the
owner based on information verbally supplied by the utility company.
37. OTHER. A tenant who has a
reasonable apprehension of present danger to him or her or his or her child
from domestic violence, sexual assault, or stalking may have special statutory
rights to seek a release of rental obligations under MCL 554.601b. Such release is limited to the Tenant to whom
the foregoing applies, and the lease, including joint and several liability, if any, continues in full force and effect for
remaining Tenants.
I have read and understand
the entire lease. I voluntarily agree to all its terms and conditions.
___________________________________ ___________________________________
Tenant Date Tenant Date
___________________________________ ___________________________________
Tenant Date Tenant Date
___________________________________
Landlord Date
Lease for Apartment: Lease Term:
Lease revised