Mauer Manor Apartments

 

RESIDENTIAL LEASE

MAUER MANOR APARTMENTS

 

V Family Limited Partnership (Landlord) and____________ (tenant), in consideration of the rents to be paid, Tenant’s representations in Tenant’s application and the covenants and agreements contained herein, agree as follows:

 

1. DESCRIPTION OF PREMISES AND TERMS: In exchange for the rent and other promises of Tenant expressed in this lease, Landlord agrees to rent to Tenant the premises located at _____________Greater Mack, St. Clair Shores, Macomb County, Michigan, more commonly known as _________.  Mauer Manor Apartments, for a term beginning on, _____________and ending of the last day of __________,_____ unless terminated sooner in accordance with this lease.
2. RENTAL RATE: Tenant agrees to pay to Landlord a total of $______ in rent, paid in advance in equal monthly installments.  A first installment of $_____is due on _________,____, and each succeeding installment of $____ is due on the first day of each following month.  In the event that this lease begins on a date other than the first day f the month, Tenant shall pay Landlord rent on a pro rata basis for the balance of the month in which this lease begins, due upon the execution of this lease, as follows:________ days @ $ ____ per day = $_NA____.  If Rental payments and all written notices to Landlord required by this lease shall be mailed or delivered to Landlord at:   PO BOX 597, ST. CLAIR SHORES, MI  48080.
3. USE AND OCCUPANCY:  Tenant agrees that the premises shall be used only for residential purposes by Tenant and the additional following named occupants:_____________________________________________________.  The maximum number of people who may occupy one premise at the above rental rate is 2 persons.  Tenant agrees to use the premises in accordance with all applicable regulations imposed by any governmental authority; to observe all reasonable regulations and requirements of any insurance company concerning the use and condition of the premises; to not permit any rubbish, waste, inflammable liquids, or explosives to be stored on the premises; to observe Landlord’s Statement of Rules and Regulations, identified in paragraph 22 hereof; and to not interfere with the lawful use of the building by Landlord or other residents.  Tenant agrees to return the premises and any furnishings to Landlord at the expiration of this lease in the same condition as when taken, reasonable wear and tear accepted.
4. RENTAL APPLICATION: The rental application submitted to Landlord by Tenant is incorporated into and made a part of this Lease.  Tenant represents that the information in the application is true and accurate and acknowledges that Landlord has relied on that information in leasing the premises to Tenant.
5. DELAY OF POSSESSION: If Tenant is unable to occupy the premises at the time promised by reason of the holding over of the previous occupant or as a result of any cause beyond the control of Landlord, Landlord shall not be liable to Tenant.  During the period Tenant is unable to occupy the premises, rent shall not be due.  If Landlord is unable to deliver possession within 10 days, Landlord shall offer a comparable unit to Tenant for the duration of the lease if such a unit is available.  Tenant may, within 20 days of the date the lease was to commence, terminate this lease by written notice to Landlord.  The comparable unit shall be offered at the rental rate then in effect for that unit.  If Tenant does not deliver written acceptance of the comparable unit to Landlord within 7 days after it is offered, either party may terminate this lease by written notice.
6. REPAIRS: Landlord represents that the premises are fit for residential use.  Landlord will maintain the premises in compliance with applicable regulations imposes by any governmental authority.  Landlord agrees to make all necessary repairs to the leased premises within a reasonable time after receipt of notice from Tenant of the need for repairs. Repairs necessitated by Tenant or Tenant’s guests will be made by Landlord but paid for by Tenant with the next rental payment due after Tenant receives Landlord’s written demand for payment.
7. LATE FEES: If a rental payment is received ten (10) or more days after it is due, Tenant agrees to $200 LATE FEE.  Late payment handling fees shall be deemed additional rent.
8. DISHONORED CHECKS: If Tenant makes a payment due under this lease with a check that is dishonored by the bank, Tenant shall pay a $150.00 dishonored check fee, payable with the next rental payment due after Tenant receives Landlord’s written demand for such fee.  Dishonored check fees shall be deemed additional rent.
9. UTILITIES: Landlord shall furnish water and heat.  It is Tenant’s responsibility to obtain and pay for all other utilities.
10. FURNISHINGS: The premises are rented as unfurnished.  The term unfurnished means that Landlord will provide a stove and refrigerator, and that Tenant will provide all other furnishings.
11. PETS: Pets are not allowed
12. SECURITY DEPOSIT: Tenant agrees to pay Landlord the sum of $_____ (not to exceed the equivalent of 1 ½ months rent) as a security deposit, on or before the date of occupancy.  Landlord is not obligated to apply this deposit to rent or other charges in arrears.  Landlord may use this deposit for 1. Damages that are the result of conduct not reasonably expected in the normal course of living in the premises, 2. Past due rent and rent due for premature termination of this lease, and 3. Utility bills that are the responsibility of Tenant and not paid by Tenant.  Tenant may be liable for damages over and above the amount of the security deposit.  The security deposit will be deposited at Bank One, Harper Woods, MI, and will be returned to Tenant, if at all, within 31 days of the termination of this lease.

 

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 IN ITEMIZED LIST OF DAMAGES AND THE PENALTIES ADHERENT TO THAT FAILURE.

 

STATE OF MICHIGAN TRUTH IN RENTING 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 INTERPERETATION OR LEGALITY OF A PROVISION OF THIS AGREEMENT, YOU MAY WANT TO SEEK ASSISTANCE FROM A LAWYER OR OTHER QUALIFIED PERSONS.

 

1. KEYS AND INSPECTION: Upon termination of this lease, Landlord and Tenant shall perform a joint inspection of the premises to determine any damages that are the result of conduct which is not reasonably expected in the normal course of occupying the premises.  At such time, Tenant shall return all keys to the premises to Landlord.  Tenant shall not alter or install a new lock on door to the premises without Landlord’s written consent.
2. CLEANING FEE: Upon execution of this lease, Tenant shall pay to Landlord a one-time, non-refundable cleaning fee of $85.00
3. JOINT AND SEVERAL OBLIGATION: Each Tenant is jointly and severally  (Individually) liable for all obligations of this lease.  If one Tenant fails to pay rent, one Tenant or any number of other Tenants may be held liable for that unpaid obligation.  The defaulting Tenant may remain liable to the other Tenants for that unpaid obligation.
4. DAMAGE TO TENANT’S PROPERTY: Landlord shall not be responsible for any damage to or theft, loss, or destruction of Tenant’s property, unless the damage is caused by Landlord’s negligence or failure to maintain the premises as required by this lease.  Landlord is not responsible for insuring personal property, and Tenant is encouraged to insure personal property.
5. QUIET ENJOYMENT: Tenant shall be entitled to the quiet enjoyment of the premises during the term of this lease, as long as Tenant complies with the terms of this lease.
6. ENTRY: Landlord shall respect Tenant’s right to privacy.  Landlord and Landlord’s agents have the right to enter the premises to make repairs or to show the premises to prospective tenants at reasonable times, provided a good-faith effort is made to notify Tenant and arrange for a mutually convenient time for Landlord’s entry.  Landlord agrees to enter only after knocking, to leave the premises in as good a condition as when entered, to clean and remove dirt and debris that result from showing the premises or performing maintenance and repairs, and to lock the premises when leaving.
7. HOLDING OVER: Tenant shall vacate the premises promptly at the expiration of this lease, unless the term of this lease has been extended by a written addendum to the lease or a new lease.  No holdover tenancy whatsoever shall be created, and if Tenant fails to vacate the premises when this lease expires, Tenant shall pay Landlord the damages incurred by Landlord due to Tenant’s failure to vacate.
8. DEFAULT:
1. If Tenant fails to pay rent or any other sum required under this lease when due, or if a health hazard or extensive and continuing physical injury to the premises exists, Landlord may terminate this lease by providing seven days’ written notice to Tenant.
2. If Tenant breaches any other provision of this lease, Landlord may terminate the lease by providing one month’s written notice to the Tenant.  At the expiration of the applicable notice period, this lease shall terminate and Landlord shall be entitled to possession of the premises and shall have the right to institute summary proceedings to evict Tenant, in accordance with applicable law.  If Landlord reenters the premises and terminates the tenancy of Tenant pursuant to this section, Tenant’s duty to pay rent shall continue, subject to Landlord’s duty to mitigate damages.

 

1. DAMAGE TO PREMISES AND UNTENATABILITY: If the premises are injured or destroyed in whole or in part by fire or other casualty during the term of this lease, Landlord shall repair the premises so that they are substantially the same as they were before the casualty, unless the premises are untenantable and Landlord determines, in its sole discretion, it not advisable to repair the premises.  Rent shall abate entirely if the entire premises are rendered untenantable and shall abate on a pro rata basis if only a portion of the premises are rendered untenantable, until the premises are restored to a tenantable condition.  If the premises are untenantable and Landlord is unable to repair the premises to a tenantable condition within 10 days, Tenant may terminate this lease by giving written notice to Landlord within 20 days of the date of damage to the premises.  If the premises are rendered untenantable or if the premises cannot be promptly restored to a tenantable condition and if the injury of casualty was not caused by the willful act of negligence of Tenant, Landlord shall, within 10 days of the damage to the premises, offer a comparable unit to Tenant for the duration of the lease if such a unit is available.  A comparable unit shall be offered at the rental rate then in effect for that unit.  If Tenant does not deliver written acceptance of the comparable unit to Landlord within 7 days after it is offered, either party may terminate the lease by written notice.  There will be no abatement of rent if the casualty or other cause damaging the premises results from the negligence of willful act of Tenant.
2. STATEMENT OF RULES AND REGULATIONS: From time to time, Landlord may distribute a Statement of Rules and Regulations to enhance the safety and appearance of Mauer Manor Apartments.
3. CARPORT: Landlord and Tenant acknowledge that there are six carports located at the premises.  Tenant shall not be permitted to use the carports/Tenant shall be permitted to use the carports for the use of one automobile for an annual rental fee of $250, due on November 1 of each year of this lease.
4. APPLICATION OF PAYMENTS: Money Tenant pays to Landlord shall be applied first to unpaid security deposit charges, second to court costs legally chargeable to Tenant, third to outstanding utility and repair bills that are Tenant’s responsibility, and fourth to rent.
5. SUBLETTING AND ASSIGNMENT: Tenant shall not sublet or assign the premises without the prior written consent of Landlord, which shall not be unreasonably withheld.  Subletting by less than all of the Tenants requires the written consent of the other Tenants as well as Landlord.  A sublet or assignment agreement approved by Landlord does not terminate Tenant’s responsibility for payment due under this lease.
6. WAIVER OF SUBROGATION: Each party releases the other party from any liability for loss, damage, or injury caused by fire or other casualty for which insurance is carried by the insured party to the extent of any recovery by the insured party under such insurance policy.
7. SEVERABILTIY: If a clause of this lease if found by a court to be invalid, that finding shall not invalidate any other clause of provision of this lease:

 

VILLANI FAMILY LIMITED PARTNERSHIP

DATED:___5___________________           _________________________

                                                                        LANDLORD

 

DATED:_____________________                 _________________________________

                                                                        TENANT(signature)

 

DATED:_____________________                 _________________________________

                                                                        TENANT(print)

We entertain, from time to time, special lease terms. Please ask us when we meet.

Mauer Manor welcomes ALL interested renters.