University Towers: Sample Lease


	University Towers: Sample Lease

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NOTE: THIS IS NOT AN OFFICIAL COPY OF THE LEASE. THIS IS FOR READ-ONLY PURPOSES.

Residential Lease

University Towers, LLC (hereafter Landlord) rents apartment #_______ to __________________________________________________________________.

Covenant

1. DESCRIPTION AND CONDITION. Landlord rents 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. Tenants have received a move-in inventory checklist. The Premises are conclusively presumed to be in good condition at move-in, unless Tenants specify objections on that list and return a completed copy of it to Landlord within seven (7) days after receiving the list. The move-in inventory checklist is not a request for repairs.

2. TERM AND POSSESSION. This lease begins on August 25, 2008 and runs through 12:00 NOON on August 20, 2009. Possession will not be provided until the first month's rent, Security Deposit, and Processing Fee are paid. If the Premises are not ready on the date this lease commences, the sole damage for which Landlord shall be liable to Tenants is the full abatement of Tenants' prorated rent from the date this lease commences to the date the Premises are ready for occupancy, which date is at Landlord's exclusive determination. If none of the Tenants takes possession on the day it is to be provided, and if Tenants have not given Landlord written notice that they will take possession on a later day, Landlord may presume conclusively that Tenants have abandoned the Premises and re-rent them.

3. RENT. Tenants shall pay Landlord total rent for the term of $________ . Partial rent for the month of August 2008 shall be $________ . Partial rent for the month of August 2009 shall be $________ . Remaining rental payments shall be made in equal monthly installments of $ due on the first day of each month. Landlord may require installments to be paid with certified funds or money orders and in a single payment. Rent is paid only when actually received by Landlord. Landlord is not responsible for mail service.

4. HOLDING DEPOSIT. To hold their unit until they take possession, Tenants shall pay Landlord a holding deposit of $________ upon executing this lease. 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. The security deposit is not prepaid rent and may not be applied by Tenants to any rental payment. The deposit, or any portion of it that is returned, shall be returned in a check, payable to all Tenants, or may be returned entirely to one Tenant if all other Tenants have so authorized Landlord in writing. 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. The name and address of the financial institution where Tenant deposits will be held is National City Bank, 1100 South University, Ann Arbor, Michigan 48104.

6. NONREFUNDABLE PROCESSING FEE. Tenants shall pay a nonrefundable Processing Fee of $175.00 before receiving possession.

7. PLACE OF PAYMENT AND NOTICES. Notices to Tenants shall be delivered or sent to the Premises. Payment of rent or other charge due from Tenants and notices to Landlord shall be delivered or sent to 536 South Forest Avenue, Ann Arbor, Michigan 48104. Notices required by this lease or by law shall be in writing. Notices that are mailed (including security deposit notices) are deemed received by the other party on the next regular day for delivery of mail after being stamped with sufficient postage and deposited in a United States mailbox.

8. APPLICATION OF MONEY FROM TENANTS. 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 rent. Restrictive endorsements on a check or statements 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. On 24 hours written notice, Landlord also may terminate this tenancy if tenant, a member of tenant's household, or other person under tenant's control unlawfully manufactures, delivers, possesses with intent to deliver, or possesses a controlled substance on the leased 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 and all rent for the remainder of the term and succeeding terms that Landlord does not collect through mitigation. 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, it may cancel, by written notice, any renewal, lese extension, or lease for a future term that Landlord and Tenants have executed.

10. UTILITIES. Tenants shall put utilities for the Premises into their names, maintain uninterrupted service throughout the Term, and timely pay all utility bills, including electricity, telephone, television cable, and internet access. Tenants shall pay any penalties imposed by utility providers because of late payment of original bills.

11. LATE FEES AND DISHONORED CHECKS. Tenants shall pay a late fee to Landlord of $20.00 for rent that is 3 days late, and Tenants shall pay an additional late fee of $20.00 for rent that is 10 days late or more. Partial payment of a month's rent does not abate late fees. In addition to late fees, Tenants shall pay Landlord $25.00 for any check that is dishonored.

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 is defined as paying rent after 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 the locks without Landlord's prior written consent, and Tenants shall immediately provide Landlord with a key to any new lock if the locks are changed. 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 actual or apparent emergency, all entries shall be made during reasonable hours; and Landlord shall make reasonable efforts to inform Tenants of its intention to enter and shall attempt to establish a mutually acceptable time.

15. MAINTENANCE. Tenants shall use and maintain the Premises in accordance with applicable police, sanitary, and all other regulations imposed by governmental authorities. Tenants also shall maintain the Premises in a neat and orderly manner. Tenants will observe all reasonable regulations and requirements of underwriters concerning use and condition of the Premises tending to reduce fire hazard and insurance rates. Tenants shall pay for the repair of all damage to the Premises and structure of which they are a part, including fire and flood damage, caused by Tenants, their guests or invitees; they shall reimburse Landlord for all permit, inspection, and certification costs it incurs because of their noncompliance with this lease or applicable laws; and they shall reimburse Landlord for all damages resulting from not reporting the need for repair or maintenance in a reasonably timely manner. Nothing in this clause shall waive or lessen Landlord's obligation to maintain and repair the Premises under Michigan law, but Landlord is not liable for any loss that accrues to Tenants because of Landlord's actions in reasonably fulfilling its obligations hereunder.

16. HOLD HARMLESS. Tenants agree for themselves, their heirs, and personal representatives, to hold Landlord harmless from all damages, loss, including lost rents, or liability that results from their negligent or illegal use of the Premises and from their intentional misuse of them.

17. INSURANCE. Landlord and its agents are not responsible for theft of personal property of Tenants, their guests or invitees; or for damage, loss, or destruction of personal property of Tenants, their guests or invitees, from any cause, including acts or omissions of third parties, unless caused by Landlord's failure to perform or negligent performance of a duty imposed by law. TENANTS SHALL INSURE THEIR PERSONAL PROPERTY AND PROVIDE LANDLORD WITH PROOF THEREOF PRIOR TO RECEIVING POSSESSION OF THE PREMISES.

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. Upon lease expiration or earlier termination, however, 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.

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, shall not extinguish any of Tenants' obligations to perform under this lease, including payment of all rent reserved.

20. AMENDMENT. This lease may be amended in writing only, signed by all parties.

21. CAPTIONS. Paragraph captions are solely to assist with identification. They are of no legal significance.

22. WAIVER. Failure by Landlord to enforce a provision of this lease on one (1) or more occasions, is not a continuing waiver of Landlord's right to enforce the provision.

23. SEVERABILITY. A court ruling that a clause of this lease is invalid or the parties' written agreement that they no longer shall observe one or more lease provisions, shall not invalidate any other clauses of this lease.

24. PETS. No pets are allowed in the Premises at any time.

25. SUCCESSORS BOUND. The 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 for residential purposes only; and refrain from all conduct that unreasonably disturbs each other, other Tenants, or neighbors of the building. No business of any sort shall be located in or conducted from the Premises. Tenants shall be entitled to the 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 liable for its full performance.

28. UNTENANTABILITY. If the Premises become wholly untenantable because of fire or other casualty, Landlord may cancel this lease by notifying Tenants in writing, and Tenants shall surrender the Premises to Landlord. If for the same reasons the Premises become partially untenantable, or wholly untenantable without Landlord canceling 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 cause by negligence or intentional misconduct or Tenants, their guests or invitees, in which case Rent shall not abate. Landlord is not liable for failure to repair until Tenants have notified Landlord of the need for repair and a reasonable time to make the repair has passed thereafter. If 50% or more of the Premises are untenantable, the Premises are "wholly untenantable".

29. SUBLETTING AND OCCUPANCY. Tenants shall not sublet the Premises, or any part thereof, without prior written permission of Landlord, which shall not be denied unreasonably. Only those listed herein as Tenants/Occupants may occupy the Premises. Landlord may evaluate proposed Subtenants as it would evaluate prospective Tenants, including whether they are acceptable to remaining prime Tenants.

30. ABANDONMENT. If during this lease, Landlord believes in good faith that Tenants have abandoned the Premises and current rent is unpaid, Landlord may re-enter the Premises and remove the remaining possessions of Tenants without liability therefor. Abandonment is conclusively presumed if rent is unpaid for fifteen days following the due date and (1) a substantial portion of Tenants' possessions have been removed or (2) acquaintances of Tenants or other reliable sources indicate to Landlord that Tenants have left without intending to re-occupy the Premises. If Tenants abandon or surrender the Premises at anytime and leave personal property there, Landlord may dispose of it however Landlord chooses, and Tenants shall reimburse Landlord for all costs incurred 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 (30) days from the last day of the lease to sue Tenants for possession under section .5714 (1)(C)(2) 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 the lease shall remain in full force and effect. Rent, however, shall increase by one hundred percent (100%), beginning on the first day after lease expiration, regardless of whether suit is brought. Acceptance of money by Landlord from Tenants during the thirty (30) days following expiration of the lease 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. Election to cancel under this paragraph is limited to the Tenant to whom the foregoing applies, and the lease 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 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.

34. UNIVERSITY OF MICHIGAN OFF-CAMPUS HOUSING MEDIATION CLAUSE. 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 issues(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 request 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; d) this provision does not preclude other legal rights of the parties. The parties agree to keep the mediation proceedings confidential.

35. DISCLOSURES.

1. MICHIGAN SECURITY DEPOSIT ACT NOTICE:

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.

2. STATE OF MICHIGAN TRUTH IN RENTING NOTICE:

"NOTICE: Michigan law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person."

3. CITY OF ANN ARBOR TRUTH IN RENTING NOTICE:

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 health 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 tenant's union lawyer for their opinions.

4. ANN ARBOR PRIVACY ORDINANCE NOTICE:

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 INITIATE ADDITIONAL ENTRY RESTRICTIONS BY GIVING WRITTEN NOTICE TO YOUR LANDLORD. COPIES OF THESE GUIDELINES (HOUSING CODE 8:529) ARE AVAILABLE AT THE BUILDING DEPARTMENT, CITY HALL, 100 N. FIFTH AVE.

5. CITY OF ANN ARBOR RIGHTS AND DUTIES BOOKLET:

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.

6. ANN ARBOR UTILITY CHARGES NOTICE

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.

36. RULES AND REGULATIONS. University Towers Rules and Regulations are an addendum to this lease. By signing this lease, Tenant acknowledges that they have received, read, and agreed to the provisions of the University Towers Rules and Regulations.

37. OTHER. Notwithstanding any other provisions of this chapter, a landlord of residential premises shall not: (a) Enter the leased premises for the purpose of showing the premises to prospective tenants until 70 days of the current lease period has passed; or (b) Enter into an agreement to rent the leased premises to another tenant for a subsequent lease period until 70 days of the current lease period has passed. This section does not apply under any of the following conditions: (a) The entry is for the purpose of subletting; (b) The current lease period is less than 9 months in its entirety; (c) A summons and complaint to recover possession of the premises has been filed and served on the current tenant in accordance with all laws and rules applicable to summary proceedings to recover possession of premises; (d) The tenant, of his or her own will, has terminated his or her occupancy of the leased premises and his or her right under the lease to possession of the premises.

38. OTHER. __________________________________________________________________________________

__________________________________________________________________________________

Date:_____________ Signed by Tenant:_________________________________________

Date:_____________ Signed by Tenant: _________________________________________

Date:_____________ Signed by Landlord: _________________________________________

Revised October 2007