"Standard Lease Agreement Form - Rental Property Owners Association of Kent County" - Michigan

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Download "Standard Lease Agreement Form - Rental Property Owners Association of Kent County" - Michigan

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STANDARD LEASE AGREEMENT
We encourage and support the nation's
affirmative housing program in which there
(Fixed Tenancy)
are no barriers to obtaining housing
because of race, color, religion, sex,
national origin, handicap or familial status.
"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."
Notice: This Agreement is a legally binding and enforceable document, which you should read carefully before signing.
1. Date of this Agreement:
2. Move-in Date:
3. Identification of Landlord and Tenant. This Agreement is entered into on the date above indicated between
(Landlord) and
(Tenant).
Each Tenant is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement.
4. Identification of Premises. Subject to the terms and conditions in this Agreement, Landlord rents to Tenant, and Tenant rents from
Landlord, for residential purposes only, the Premises located at:
Street Address:
Unit #(If appicable):
City:
State: Michigan Zip Code:
together with the following furnishings and appliances:
.
Rental of the Premises also includes:
.
5. Limits on Use and Occupancy. The Premises are to be used only as a private residence for the above listed Tenant(s) and the following
individuals:
.
All occupants must be approved by Landlord. Occupancy by guests for more than
days is prohibited without Landlord's written
consent and will be considered a breach of this Agreement. All occupants must be named in the lease.
6. Term of Tenancy. The rental will begin on
, 20
.
The Tenant agrees to lease the premises for the period of
/
/
through
/
/
.
7. Rent Amount and Payment of Rent. Tenant will pay to the Landlord rent of $
, payable in advance on the
day of each
month, except when that day falls on a weekend or legal holiday, in which case rent is due on the next business day.
Delivery of payment:
Rent will be paid:
by mail, to:
in person, at:
online at:
ACH/electronic
or at such other place as Landlord designates.
©2014 Rental Property Owners Association of Kent County
Form No. 2
Tenant's initials
Page 1 of 5
STANDARD LEASE AGREEMENT
We encourage and support the nation's
affirmative housing program in which there
(Fixed Tenancy)
are no barriers to obtaining housing
because of race, color, religion, sex,
national origin, handicap or familial status.
"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."
Notice: This Agreement is a legally binding and enforceable document, which you should read carefully before signing.
1. Date of this Agreement:
2. Move-in Date:
3. Identification of Landlord and Tenant. This Agreement is entered into on the date above indicated between
(Landlord) and
(Tenant).
Each Tenant is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement.
4. Identification of Premises. Subject to the terms and conditions in this Agreement, Landlord rents to Tenant, and Tenant rents from
Landlord, for residential purposes only, the Premises located at:
Street Address:
Unit #(If appicable):
City:
State: Michigan Zip Code:
together with the following furnishings and appliances:
.
Rental of the Premises also includes:
.
5. Limits on Use and Occupancy. The Premises are to be used only as a private residence for the above listed Tenant(s) and the following
individuals:
.
All occupants must be approved by Landlord. Occupancy by guests for more than
days is prohibited without Landlord's written
consent and will be considered a breach of this Agreement. All occupants must be named in the lease.
6. Term of Tenancy. The rental will begin on
, 20
.
The Tenant agrees to lease the premises for the period of
/
/
through
/
/
.
7. Rent Amount and Payment of Rent. Tenant will pay to the Landlord rent of $
, payable in advance on the
day of each
month, except when that day falls on a weekend or legal holiday, in which case rent is due on the next business day.
Delivery of payment:
Rent will be paid:
by mail, to:
in person, at:
online at:
ACH/electronic
or at such other place as Landlord designates.
©2014 Rental Property Owners Association of Kent County
Form No. 2
Tenant's initials
Page 1 of 5
Form of payment:
Landlord will accept payment in these forms:
personal check made payable to:
cashier's check made payable to:
credit card
money order
cash
ACH/electronic
other
Prorated first month's rent:
For the period from Tenant's move-in date,
/
/
through
/
/
, Tenant will pay to Landlord the
prorated rent of $
. This amount will be paid on or before the date the Tenant moves in.
8. Late Charges. If Tenant fails to pay the rent in full before the end of the
day after it is due, Tenant will pay Landlord a late charge
of
$
, plus $
OR
% of monthly rent amount, for each additional day that the rent remains unpaid.
The total late charge for any one Rental Period will not exceed $
. Landlord does not waive the right to insist on payment of the
rent in full on the date it is due.
9. Timely Payment of Rent: Failure of Tenant to pay rent on the day it is due on three or more occasions during any previous six month
period is a breach of this Agreement and grounds for termination of the tenancy.
10. Domestic Violence. 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 obligation under MCL 554.601b.
11. Additional Rent: If the Tenant fails to perform any obligation of this Agreement, such as, but not limited to, payment of utilities, trash
removal, repairs, maintenance, etc., which results in a monetary expenditure by the Landlord, such amounts will be deemed additional rent
which is immediately due and payable AND all payments made to Landlord will be applied to amounts in the following order: 1st-security
deposit; 2nd-late fees; 3rd-utilities; 4th-maintenance or repairs, damages, other charges permitted by this Agreement; 5th-past due rent; 6th-
current rent due.
12. Returned Checks and Other Bank Charges. If any payment offered by Tenant to Landlord in payment of rent or any other amount due
under this Agreement is returned for lack of sufficient funds, a "stop payment" or any other reason, Tenant will pay Landlord a returned
check charge of $
, plus any bank charges assessed.
13. Renewal and Modification of Lease Agreement. This Agreement shall be automatically renewed for successive terms of one month
each, subject to the following conditions: Landlord or Tenant may decline the automatic renewal of this Agreement by giving notice of intent
to terminate the tenancy with a 30 day written notice. Landlord may increase said rental amount or modify Agreement for any extended
term by giving advance written notice equal to 30 days to the Tenant. Tenant agrees that any changes or modifications of this Agreement
must be written and signed by Landlord or their Agent. Under no circumstances are oral agreements binding.
14. Cleaning Fee. Tenant agrees to pay a non-refundable cleaning fee of $
(Cleaning Fee must be paid prior to move-in date.)
This fee is in addition to and is not part of the security deposit.
15. Security Deposit. Tenant agrees to pay security deposit of:
/100 dollars ($
)
which will be refunded after termination of tenancy and end of Tenant's occupancy in the manner prescribed in the Landlord-Tenant
Relationship Act of the State of Michigan, and upon satisfaction of the terms and conditions of this Agreement. Tenant may not, without
Landlord's prior written consent, apply this security deposit to the last month's rent or to any other amount owed or due under this
Agreement.
©2014 Rental Property Owners Association of Kent County
Form No. 2
Page 2 of 5
Tenant's Initials
16. Other Cost. Other cost will be paid by the parties as designated below (T = Tenant, L = Landlord):
Smoke Detector Battery:
T
L
Electricity:
T
L
Lawn:
T
L
Pest Control:
T
L
Telephone Lines:
T
L
Heating Fuel:
T
L
Garbage: T
L
Snow Removal: T
L
Other:
T
L
Cooking Fuel:
T
L
Trash:
T
L
Shovel Walks:
T
L
Water:
Tenant agrees to pay for water and sewage services and have these services placed in their own name. Furthermore, the tenant
agrees that Lessor/Landlord shall not be liable for payment of water or sewage system bills accruing subsequent to the filing by
Lessor of an affidavit as provided for in MCL 123.165 with the appropriate municipal authority. Tenant agrees to pay and be
responsible for such bills and understands that the municipality may terminate water and sewage services if bills are not paid.
17. Excessive Utility Usage. In the case where the Landlord pays the utility, the Tenant agrees to reimburse Landlord for utility usage,
including unreported water leaks that exceed the monthly average use during the preceding twelve month period.
18. Notice of Utility Shut Off. Where Tenant is responsible for paying for any or all utilities, Tenant shall send the Landlord a certified letter
seven (7) days in advance of any utility being turned off. If Tenant fails to give such notice, Tenant agrees to pay Landlord for any
damages caused by the utilities being turned off. Tenant also agrees that the Landlord may obtain duplicate copies of shut off notice from
the utility(ies) company.
19. Inventory Checklist. Tenant hereby acknowledges receiving an inventory checklist that must be returned to the Landlord within seven (7)
days of obtaining possession of the Premises or the Premises will be considered free of defects. Items found torn, burned, stained,
inoperative, or damaged in any way must be reported on the inventory checklist; otherwise said defects shall be deemed waived.
20. Habitability. Tenant has checked the Premises thoroughly and agrees the unit is entirely habitable as to health and safety; however, if any
health and safety issue in regard to the Premises is found upon move-in, Tenant shall send the Landlord a certified letter within forty-eight
(48) hours of move-in date, notifying him or her of the details.
21. Locks and Landlord Access. Tenant will not, without Landlord's prior written consent, alter, re-key, or install any locks to the Premises or
install or alter any burglar alarm system. Tenant will provide Landlord with a key or keys capable of unlocking all such re-keyed or new locks
as well as instructions on how to disarm any altered or new burglar alarm system. All keys must be returned upon vacating the Premises.
$
will be charged for each lost or missing key, plus the actual cost of replacing the keys and/or changing the locks. Tenants
were given
keys at the beginning of the lease.
22. Subleasing, Sharing, Assignment, and Guest at Premises. No subleasing, sharing of Premises, or assignment of Agreement is
permitted without prior written permission of the Landlord.
23. Parking. No parking on property other than Tenant's personal vehicle is allowed and then only at such locations as specified by Landlord.
No commercial vehicles, boats, trailers, recreational vehicles or unlicensed or inoperable vehicles or any other vehicle not allowed by law
shall be parked on the Premises. Repair or maintenance of vehicles is not allowed on property without written permission. Tenant agrees
that Landlord may remove unauthorized vehicles with or without notice, and Tenant shall reimburse Landlord for the cost of such removal.
24. Personal Injury/Liability/Indemnification/Damage to Tenant's Personal Property. Landlord shall not be liable for any damage or injury
occurring on or about the Premises to Tenant, Tenant's family members, guests or invitees, except in the case of Landlord's failure to
perform, or negligent performance of, a duty imposed by law. Tenant hereby agrees to protect, indemnify and hold Landlord harmless from
and against any and all losses, costs, expenses, damages, or liability arising out of any accident or other occurrence on the Premises or any
part thereof, or in any common area, causing injury to any person or property whomsoever or whatsoever, no matter how caused, except in
the case of Landlord's failure to perform, or negligent performance of, a duty imposed by law. Landlord is not responsible for damage to
Tenant's personal property resulting from fire, storm, rain, flood, power outage, appliance failure, theft, vandalism, leaking fixtures, acts of
God, etc. Tenant accepts responsibility for insuring their personal property. Landlord highly recommends the Tenant obtain renter's
insurance. Tenant shall also be liable to Landlord or its insurance carrier for any damage to the premises or to the Landlord's other
property, such as other rental units, common facilities and equipment that is caused by the acts or omissions of Tenant or Tenant's guests.
25. Pets. No animals or pets shall be brought on the Premises without prior written consent of the Landlord and upon the execution of a Pet
.
Agreement and the payment of any applicable fees
©2014 Rental Property Owners Association of Kent County
Form No. 2
Page 3 of 5
Tenant's Initials
26. Tenant's Maintenance Responsibilities. Tenant shall keep the Premises, including furniture and all fixtures, in a clean, sanitary and
orderly condition with special attention to the stove and refrigerator, if provided, and leave the unit in the same condition as when taken
except for normal wear and tear. Landlord will not pay for cleaning or any work of this kind contracted by the Tenant, unless expressly
authorized in writing.
27. Common Areas. The sidewalks, driveways, passages, halls and common areas shall not be obstructed nor used for any purpose other
than ingress or egress from the premises. Bicycles, skateboards, scooters, roller-skates, rollerblades or any device of the like are not
permitted in common areas, hallways, roof top patio, sidewalks or the parking area.
28. Storage: Storage is not allowed except in areas designated by the Landlord. Tenants are solely responsible for their personal belongings
wherever stored or placed. If stored in an area not designated by Landlord, Landlord can remove personal belongings with 24 hour notice.
29. Renovations and Remodeling. Tenant agrees not to make any repairs or alterations to the Premises, including repainting, remodeling,
driving nails in woodwork or walls, using any adhesive items on walls, without written consent of the Landlord. The Landlord will not pay for
remodeling, decorating, or any work of this kind contracted by Tenant, unless authorized in writing prior to the beginning of any renovation
or remodeling. The Tenant further agrees not to remove any furnishings, fixtures, or appliances without written consent of the Landlord.
30. Items Not Allowed. Tenant may not place any of the following in or on the Premises without written authorization from Landlord:
31. Repairs. With written permission of the Landlord, the Tenant agrees to promptly have repairs made by authorized persons only or
reimburse Landlord for damages to the Premises during the tenancy. The Landlord must be notified immediately of anything broken,
stained, leaking, or inoperable. Tenant shall immediately pay for any costs incurred and/or damages resulting from overflowing, and/or
clogging of waste pipes, garbage disposal, toilets, sinks, tubs, showers, or lavatory caused by Tenant or guest. Tenant accepts
responsibility to mitigate damage to property from any and all causes.
32. Landlord's Rights Concerning Entry. Landlord reserves the right to repair, show unit, or inspect the Premises upon twenty-four (24) hour
notice. In the event of emergencies, the Landlord may enter without notice.
33. Disposal of Garbage, Debris, and Junk. Tenant agrees to regularly dispose of all garbage, debris, or junk during occupancy and upon
vacating the Premises as prescribed by the laws of the State of Michigan and the ordinances of the locality in which the Premises is located.
Tenant agrees to pay all fines and fees regarding disposal of said items and for violations of municipal ordinances.
34. Use of Premises. Tenant agrees to use the Premises for residential purposes only and not for business, illegal, or hazardous purposes.
Tenant may be evicted upon a one (1) day Notice to Quit if the Tenant, member of Tenant's household, or other person under the Tenant's
control, has manufactured, delivered, possessed with intent to deliver or possessed a controlled substance as defined by Michigan Public
Act 368 of 1978, on the Premises. Tenant shall not permit a use of the Premises that generates an unusual amount of traffic.
35. Parties & Other Disturbances Not Allowed. Tenant agrees that no parties are allowed; and no one is permitted to carry out any activity,
play an instrument, use an electronic device, or operate any mechanical device in any manner or otherwise engage in conduct that disturbs
or annoys other Tenants or neighbors. Tenant is responsible for the activity and conduct of all occupants, guests and visitors.
36. Smoke Detector Disclosure. Tenant agrees that the Premises is equipped with working smoke detectors. Tenant shall maintain smoke
detectors in working order at all times. Tenants will be charged for the replacement of missing or damaged smoke detectors and for
damages caused by their removal.
37. Rules & Regulations. Any rules and regulations published by Landlord become part of this Agreement. Tenant agrees to abide by all rules
and regulations that may be published by Landlord.
38. Violations of Agreement and Cause for Eviction. Violation of any provision of this Agreement, rules, or regulations, including
non-payment of rent can be cause for eviction. Furthermore, acts committed by tenants or their guest in violation of local, state or federal
laws and regulations can be cause for eviction.
39. Lead-based Paint Disclosure. (Housing constructed before 1978 only.) Tenant acknowledges receipt, review and execution
of the Lead Warning and Disclosure Statements and applicable reports and the receipt of the EPA pamphlet, "Protect Your Family From
Lead In Your Home."
©2014 Rental Property Owners Association of Kent County
Form No. 2
Page 4 of 5
Tenant's Initials
40. Covenants and Conditions. Each provision of this Agreement to be performed by Tenant shall be deemed both a covenant and a
condition which Tenant agrees to abide by strictly. Any violation of any provision of this Agreement shall constitute a material breach of
same, in which case Landlord may, at option, terminate this Agreement according to its terms. In the event of such termination, Landlord
agrees to use their best effort to re-rent the Premises or to otherwise mitigate damages as required by law.
41. Binding Effect. The covenants, conditions, and agreements contained in this Agreement shall bind and inure to the benefit of the Landlord
and the Tenant and their respective heirs, distributees, executors, administrators, successors, and assigns.
42. No Waiver. Landlord's failure to enforce any term of this Agreement shall not be deemed a waiver of the enforcement of that or any other
term. The receipt by Landlord of rent with knowledge of a breach of any term of this Agreement shall not be deemed a waiver of such
breach, nor shall partial payment of rent be deemed a waiver of Landlord's right to the full amount thereof.
43. Severability. If any provision of this Agreement should be or become invalid, such invalidity shall not in any way affect any of the other
provisions of this Agreement, which shall continue to remain in full force and effect.
44. Subordination. The Agreement is and shall be subject and subordinate to any ground or underlying agreement or lease and mortgages
now or hereafter affecting the real estate of which the Premises are a part, and to all renewals, modifications, replacements, and extensions
thereof.
45. Early Termination. If the Tenant has occupied the unit for more than thirteen (13) months and the Tenant becomes eligible during the lease
term to take possession of a subsidized rental unit in senior citizen housing and provides the Landlord with written proof of that eligibility or
the Tenant becomes incapable during the lease term of living independently, as certified by a physician in a notarized statement, the Tenant
may terminate this lease with a sixty (60) day written notice to the Landlord.
46. Abandoned Property. If the Tenant abandons the Premises, the Landlord is authorized, at their sole discretion, to peacefully repossess the
Premises and dispose of any and all of the Tenant's abandoned personal property, including but not limited to food, clothing, jewelry,
sundries, appliances, furnishings, window treatments, decorations, fixtures, bedding, equipment, machinery, and vehicles.
47. Other
48. Entire Agreement. Tenant acknowledges that Landlord has made no representations or promises with respect to the Premises except as
herein expressly set forth and that the foregoing constitutes the entire Agreement between the parties.
49. Tenant's signature below indicates the Tenant has read, understands, is satisfied with, and agrees to abide by all conditions of
this agreement. The invalidation of any provision herein by Judgment of Court order shall not otherwise affect any of the other provisions of
this agreement.
Signature of Property Owner/Agent/Landlord
Signature of Tenant
Tenant's Social Security Number
Printed Name of Property Owner/Agent/Landlord
Signature of Tenant
Tenant's Social Security Number
Signature of Tenant
Tenant's Social Security Number
Signature of Tenant
Tenant's Social Security Number
Security Deposit Notice
Security deposit of $
is to be deposited at:
And, if applicable, Surety Bond has been posted with:
"You must notify your landlord in writing within four (4) days after you move of a forwarding
address where you can be reached and where you can receive mail. Otherwise your landlord shall
be relieved of sending you an itemized list of damages and the penalties adherent to that failure."
Print Form
Form No. 2
Page 5 of 5
©2014 Rental Property Owners Association of Kent County
Tenant's Initials