This is a copy of University Places
Residential Lease Form.
It is provided for your
information and you are encouraged to read it and/or have your
parents read it. A copy will be provided at signing. Please
note: You will need to have one of your parents co-sign the lease. You can send
it to them by fax or mail after we sign it.
RESIDENTIAL LEASE
University Places,
LLC
(hereafter
Landlord) rents
to
,
and
(hereafter
Tenants) and Tenants will pay reasonable rent for the
premises.
COVENANTS
1.
DESCRIPTION AND CONDITION.
Landlord rents to
Tenants the dwelling located at (the
Premises), including
parking
spaces. The
premises are/are not 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
and runs through
.
Possession
will not be provided until the first month's rent,
Security Deposit, and preparation 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
rerent them.
3.
RENT.
Tenants shall pay
Landlord total rent for the term of $_________________________.
Rent shall be paid in equal monthly installments of
$________________________, due on the first of each month,
beginning with the second month (first month collected before
move-in). 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.
4.
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 .
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.
5.
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.
6.
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. Landlord, upon written notice to
Tenants, also may cancel any renewal, lease extension, or lease
for a future term that Landlord and Tenants have executed.
Tenants shall reimburse Landlord for all legal fees, costs, and
expenses legally recoverable in such actions 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 prior to Tenants' Premises. From the date of
execution, time is of the essence of this lease.
7.
UTILITIES.
Tenants shall put
utilities for the Premises into their names, maintain
uninterrupted service throughout the Term, and timely pay all utility
bills,
including ,
,
and .
Tenants shall pay any penalties imposed by utility
providers because of late payment of original
bills.
8.
LATE FEES AND DISHONORED CHECKS. Tenants shall pay a late fee
to Landlord of $____________ for rent that is
days late,
and Tenants shall pay an additional late fee of
$_________ for rent that is days
late or more. Partial payment of a
month's rent does not abate late fees. In addition to
late fees, Tenants shall owe Landlord
$_________________________ for any check to Landlord that
is dishonored.
9.
CHRONIC LATE PAYMENT OF RENT.
Rent is due on
the first of each month, and notwithstanding Paragraph 8,
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.
10.
SECURITY DEPOSIT. Tenants shall pay a security
deposit of $_________________________ before receiving
possession. 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. Security Deposit Act communications shall be
addressed to Landlord at the address in paragraph 4. Tenants
may not elect to use the deposit for rent.
The name and address of the financial institution where your
deposit will be held is:
__________________________________________________________________
_________________________________________________________________.
The name and address of the surety company providing a bond for
your deposit is:
__________________________________________________________________
_________________________________________________________________.
11.
NONREFUNDABLE PREPARATION FEE.
Tenants shall pay
a nonrefundable Preparation Fee of $_________________________
before receiving possession.
12.
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.
13.
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.
14.
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.
15.
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.
16.
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 ARE SPECIFICALLY
ENCOURAGED TO INSURE THEIR PERSONAL PROPERTY.
17.
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.
18.
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.
19.
AMENDMENT.
This lease may be
amended in writing only, signed by all parties.
20.
CAPTIONS.
Paragraph
captions
are solely to
assist with identification. They are of no legal
significance.
21.
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.
22.
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.
23.
PETS.
No pets are
allowed in the Premises at any time.
24.
SUCCESSORS BOUND.
The heirs,
successors, assigns, and representatives of Landlord and
Tenants shall be bound by the covenants of this
lease.
25.
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.
26.
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.
27.
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 caused
by negligence or intentional misconduct of 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".
28.
ASSIGNMENT, SUBLETTING, AND OCCUPANCY.
Tenants shall not assign this lease or 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 assignees and subtenants as it would evaluate
prospective Tenants, including whether they are acceptable to
remaining prime Tenants.
29.
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.
30.
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 twenty percent (20%), 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.
31.
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.
32.
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.
33.
MEDIATION.
All parties to
this lease agree that the University of Michigan Mediation
Service will act as mediator in any dispute involving
University of Michigan students that may arise between the
parties and that:
a)
all parties will make a reasonable and good faith effort to
settle such disputes through mediation;
b)
any party to this lease may request mediation;
c)
mediators 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.
34.
OTHER.
35.
DISCLOSURES.
This lease
includes the attached disclosures.
Dated
Landlord
___________________________________________________
Dated
Tenant
___________________________________________________
Dated
Tenant
___________________________________________________
Dated
Tenant
___________________________________________________
Dated
Tenant
___________________________________________________
Dated
Tenant
(Revised September, 2001)
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