Making the grade since 1986
RENTAL LEASE AGREEMENT (See also the attached addendum)
This lease is made on August 10, 2019, between Gruber Management (Landlord), 5572 Tanglewood Dr., Ann Arbor, MI 48105
(734-668-1111), and Lisa Dendam & Elise Sample, Tenant(s).
AGREEMENTS: By signing this rental agreement the Landlord and Tenant(s) agree:
1. DESCRIPTION OF PREMISES AND TERM: The Landlord agrees to rent to the Tenant(s) the dwelling located at
629 S. Forest, Apartment # 20, Ann Arbor, Michigan 48104 for a term beginning at 12:00 noon on September 1, 2019 and ending at 12:00 noon on August 20, 2020..
2. RENTAL RATE: The Tenant(s) agrees to pay the Landlord or his agent for the above rental term the total sum of
$24,000.00 in periodic installments as follows: $2,000.00 on the signing of this lease; $2,000.00 on October 1, 2019; and $2,000.00
on the 1st day of each and every month thereafter during the lease term, through and including August 1, 2020.
3. OCCUPANCY LEVEL: Shall be no more than allowed by applicable housing codes and shall be limited to the persons who have signed this lease or acquired legal rights of occupancy under it, and at the above rental rate shall be limited to not more than
two persons for this lease.
4. LATE FEES: In the event that rent payments are not made when due, a $20.00 charge may be assessed. If this late fee is not included when late rent is paid, Tenants may be notified within 30 days of receipt of late rent that a late charge has been assessed, in which case the late charges will be due with the next rent installment. Unpaid late charges shall be considered as additional rent and may be withheld from the unused security deposit.
5. PARKING: One parking place(s) is/are provided with this lease at no additional charge.
6. UTILITIES: Landlord shall furnish heat and hot & cold water. All other utilities shall be furnished by the Tenant(s). Tenant(s) shall not be responsible for utilities to common areas or to other units and shall pay only for utilities consumed by, metered to and billed exclusively to Tenant's(') own unit. Tenant(s) shall not cause the electricity service to be turned off during the term of this lease. Lessor has the sole right to designate Lessee's utility providers, including electric, gas, cable television and basic telephone service. Lessee agrees that Lessor shall not be held responsible for any interruptions in utility service beyond Lessor's control, or due to necessary repairs, replacements or alterations.
7. FURNISHINGS: This dwelling unit is rented as furnished.
8. PETS: Animals, including visitors' pets, are not allowed on the premises. Along with any other consequences of violating this prohibition, any tenant allowing a pet on the premises agrees to be responsible for all pet-related expenses incurred by Landlord.
9. OBLIGATION OF CO-TENANTS: Each tenant under this lease is jointly and severally liable to the Landlord for the rent due. Each Tenant may be held responsible for the total amount of rent due for the dwelling. This means that if one Tenant fails to pay rent, any one of the other Tenants or any number of the other Tenants will be held liable by the Landlord for the missing and unpaid rent. The defaulting Tenant, however, may remain liable to the other Tenant(s) for the unpaid rent.
10. SECURITY DEPOSIT: Tenant(s) agrees to pay the Landlord the sum of $3,000.00 (not to exceed 1 1/2 month's rent equivalent) as security deposit on the signing of this agreement as a condition of giving possession to Tenant(s). In no case is Landlord obligated to apply this deposit to rent or other charges in arrears. Specifically, Tenant(s) agree not to use this deposit as last months' rent. Tenant(s) agree to pay for damage for which Tenant(s) are responsible upon receipt of notice of damage and the amount, provided that there are no judicial or mediation questions involved. The Security Deposit will be held in a demand account at Chemical Bank, 2950 S. State, Ann Arbor, MI. No interest will be paid on this deposit. If all payments are made when due, Tenant(s) will receive a timely payment rebate of $30.00 at the time the Security Deposit is returned.
RETURN OF SECURITY DEPOSIT: The security deposit shall be returned in a check payable to one person, chosen by Tenants, who shall act as agent of all other persons who have signed this lease or acquired legal rights of occupancy under it, in dividing the security deposit according to any shares the Tenants have agreed upon, and in remitting those shares to each person. Landlord shall not be responsible for the proper division of shares in the security deposit, nor for the assessment of individual liability for any charges against the security deposit made by Landlord, which shall be matters solely for the Tenants to agree upon. The person named to act as agent for the return of the security deposit shall be Lisa Dendam . If this person cannot be reached to effect the return of the security deposit, then the security deposit will be returned to one person signing this lease, in a check jointly payable to all Tenants signing this lease.
SIGNATURES (Read agreements on reverse side before signing):
Gruber Management, Lessor/Date
The undersigned assumes the obligation for payment of all monies owing under this lease, and any current or future amendments to it, in accordance with #9 above, as demonstrated by their signatures.
Co-signer (please print name below signature)
Co-signer (please print name below signature)
As required by Michigan law regarding use of security deposits, the Landlord will make use of inventory checklists at the beginning and ending of occupancy and will provide the Tenant(s) an inventory checklist when the Tenant(s) assumes possession of the rental unit. The Tenant(s) will note the condition of the unit and its furnishings and return the form to the Landlord within 7 days. The Tenant(s) is entitled to receive a copy of the last ending inventory checklist which shows what claims were charged to the last prior Tenant(s).
The Landlord may use the security deposit only for: 1) actual damages that are the result of conduct not reasonably expected in the normal course of habitation of the dwelling; 2) past due rent and rent due for premature termination of this agreement; and 3) utility bills not paid by Tenant(s).
As required by Michigan law regarding use of security deposits, where there are charges against the security deposit the Landlord will mail an itemized list of damage charges and other costs to the Tenant(s) within 30 days of the ending of occupancy along with a check or money order for the difference between these charges and the total amount of the deposit. The Tenant(s) must respond within 7 days of receipt of this itemized list to secure full rights. If agreement is not reached about the amount claimed, the Landlord must begin court action within 45 days after the ending of occupancy and obtain a money judgment for the disputed amount before retaining any portion of it.
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.
11. 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 lawyer, legal aid society, or tenants union lawyer for their opinions.
12. 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.
13. 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 legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person."
14. CITY OF ANN ARBOR RIGHTS AND DUTIES NOTICE: City ordinance requires Landlord to furnish to Tenant prior to executing lease a copy of RIGHTS AND DUTIES OF TENANTS. Tenant signature acknowledges receipt of booklet.
15. DAMAGE TO THE TENANT'S PROPERTY AND INSURANCE: Unless caused by the Landlord or his agent's negligence and/or failure to maintain the dwelling unit as required by applicable law, the Landlord and/or his agent shall not be responsible for any theft, damage, loss or destruction of personal property of the Tenants or their guests due to fire, water or other casualty or cause. Tenant(s) are encouraged to insure personal property.
16. MEDIATION: All parties to this agreement 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) monies may be placed in escrow with Mediation Services; e) this provision does not preclude other legal rights of the parties.
17. CONDITION OF THE PREMISES: In accordance with applicable law, Landlord warrants that the premises are clean, sanitary, and fit for residential use at the time of occupancy and that the premise will be maintained in compliance with such law. Tenant(s) will give reasonable notice to Landlord of the need for repairs. Landlord agrees to make all necessary repairs to maintain a Certificate of Compliance and Occupancy from the City of Ann Arbor or other appropriate authority. Violations of the Ann Arbor Housing Code must be corrected as prescribed by the City of Ann Arbor or other appropriate local authority or Tenant(s) may withhold rent, and may choose to pay into Mediation Services escrow account, or the City escrow account as prescribed by City Ordinance, or into other escrow as permitted by law. Tenants may at any time take other action provided by law.
18. RETURN OF UNIT AND FURNISHINGS: Tenant(s) agree to return the rental unit and all furnishings to Landlord in the same condition as when taken, including cleanliness, reasonable wear and tear and damage by the elements excepted.
19. ENTRY: Tenant's right to privacy shall be respected. Landlord and his agents have the right to enter to make repairs and to show the premises to prospective tenant(s) at reasonable times provided that a good faith effort is made to notify Tenant(s) and arrange for a mutually convenient time to do so. Landlord agrees to enter only after knocking, to leave the premises in as good condition as when entered, to clean and remove dirt and debris that result from the performance of maintenance and repairs, and to lock the rental unit when leaving unless otherwise requested by the Tenant(s). (see ANN ARBOR PRIVACY NOTICE, above.)
20. TIME: Landlord and Tenant(s) agree that time is of the essence for the performance of maintenance, repairs, and the payment of rent and that Tenant(s) must vacate the premises at the conclusion of this lease term. No holdover tenancy is permitted without advance written permission of the Landlord. Along with any other consequences of holding over, parties to this contract agree that the charge for failing to move out by the date and time specified in this lease shall be five (5) times the per diem rental rate of this lease for each day or part thereof after the ending date and time that the unit is not vacated and shall be subject to immediate eviction as provided by law.
21. TERMINATION OF LEASE: If Tenant(s) fails to meet the terms of this lease, Landlord may elect to terminate the lease, reenter, and take possession of the premises, only in accordance with the statutes of the State of Michigan, and only after providing written notice to Tenant(s). Landlord shall reenter and take possession only by lawful means pursuant to a court order or after the premises have been surrendered or abandoned by Tenant(s) and shall not reenter by means of force, lockout, or termination of essential services. In the event of recovery of the premises by the Landlord, the Landlord shall use his best efforts to re-rent the premises on reasonable terms. Tenant agrees to pay Landlord any difference between rent agreed upon in this lease and rent collected from re-rental of premises for the remaining term of this lease.
22. UNTENANTABLE CONDITIONS: If the unit leased is destroyed by fire or otherwise rendered untenantable by casualty without negligence or fault of the Tenant(s) either the Tenant(s) or the Landlord may terminate this lease immediately by written notice to the other party. If fire or other casualty without negligence or fault of Tenant(s) render the unit damaged but tenantable, Landlord will restore the unit to its former condition or better as soon as is reasonably possible, with the amount of rent due being pro-rated proportional to the damage until the unit is restored. Possession of the premises is not guaranteed until Lessor deems the apartment ready for occupancy. Lessor shall not be liable to Lessee for any delay in possession of the premises due to causes beyond Lessor's direct control.
23. USE AND QUIET ENJOYMENT: The Landlord agrees to make a good faith effort to provide for the maintenance of reasonable overall quiet and order throughout the premises. Tenant(s) agrees to use the premises for residential purposes only in a quiet, peaceable and lawful manner and to refrain from any conduct that disturbs the use and quiet enjoyment of tenants in other units.
24. CANCELLATION: Tenant(s) may cancel this rental agreement or application for it within 10 days after Tenant(s) has signed such agreements or applications, but in no event within 30 days prior to the commencement of the term of this agreement, by providing written notice to the Landlord signed by all Tenant(s) or Applicant(s). Landlord agrees to return all monies upon receipt of such notice except for: 1.) application fees and 2.) one-half of one month's rent equivalent which the Landlord shall retain as re-rental and cancellation charge.
25. SUBLETTING ASSIGNMENT: Tenant(s) will not sublet or assign the premises in whole or in part without the written consent of the Landlord. As per law, Landlord will not unreasonably withhold such consent. Co-tenants will not unreasonably prevent their fellow tenants from subleasing or assigning their interests in this lease.
26. ATTACHMENTS/CHANGES TO THIS LEASE: Attachments are hereby incorporated into this lease provided they are accepted by the University of Michigan Housing Information Office with this lease. The printed form of this lease shall not be changed substantially without notification to and acceptance by the Housing Information Office.
27. MODIFICATIONS: The Landlord and Tenant(s) are encouraged to put all modifications of this lease in writing. However, the failure of the parties to put such modifications in writing does not render the modifications invalid.
This addendum is hereby made a part of a certain lease dated August 10, 2019,
for 629 S. Forest, Apartment # 20, Ann Arbor, Michigan 48104,
between Gruber Management, Lessor, and Lisa Dendam & Elise Sample, Resident / Lessee / Tenant.
1. Lockout service may result in a charge of $10.00 during business hours (9am-5pm) and $15.00 after business hours or on weekends or holidays. A returned check (e.g."bounced") will result in a charge of $25.00. Other charges accruing to Lessor because of Lessee's choice of payment or document delivery method shall be paid by Lessee. These charges are due at the time of occurrence but may be paid with the next rental payment. Unpaid lockout and other charges referred to in this paragraph shall be considered additional rent. Additional rent may be withheld from the security deposit at the end of the lease term.
2. All monies paid to Lessor by Lessee or on behalf of Lessee shall be applied to Lessee's account in the following manner: first to outstanding late fees and returned check charges; second to outstanding lockout and repair charges; and third to rent. (This order of application of payments has the effect of construing these charges as additional rent charges.)
3. Resident agrees not to disarm or remove batteries from smoke detectors. Resident further agrees to notify management when battery needs replacement or smoke detector fails to operate properly.
4. Resident acknowledges receipt of information regarding the City of Ann Arbor Security Ordinance and agrees to notify management if the required devices should fall into disrepair. Upon taking occupancy, resident shall determine whether all required devices are in place and, if not, shall so note on the commencement inventory checklist. Resident understands that none of these devices will provide security without proper use on the part of the residents and agrees to use all security & privacy devices in the manner for which they were intended. The cost of repairs for damage to screens, windows, doors and devices such as locks affixed to them shall be paid for by the resident. Resident acknowledges receipt of an inventory checklist and agrees to complete and return it to management within one week after taking occupancy.
5. Resident agrees to comply with (and to inform guests of) the following parking policy: vehicles parked in a Gruber Management parking area must display current, valid parking permits for that site; vehicles must not block driveways or access to trash dumpsters; vehicles parked improperly will be subject to towing; special provisions will be made to accommodate parking during summer art fair; vehicle repairs shall not be undertaken on the property.
6. Resident agrees to participate in a voluntary program of energy conservation by setting the temperature at or below 68F and dialing down when appropriate. Other reasonable and accepted methods of energy conservation are also encouraged. Resident agrees that the thermostat shall not be set lower than 62F when the outside temperature is below 0F.
7. Resident acknowledges that management is not obligated to supply additional furniture for sublessee. If resident requests that certain items of furniture be removed, management may not be in a position to return those items later. Furniture supplied by management is not to be removed from the premises except by management. Furniture shall not be moved between rooms nor shall any furniture be placed on decks, porches or outside the apartment without written permission from management.
8. Prior to occupancy every prospective occupant of these premises, including sublessees, shall fill out and submit directly to Lessor an application, including an application fee of $50.00, and before taking occupancy shall wait for written permission of Lessor as well as the written permission of all others who have rights of occupancy, as evidenced by a document prepared by Lessor. For the purposes of this clause, persons who come and go from the rental unit on their own and with a key, or those utilizing Airbnb or similar, shall be considered occupants, not guests. The premises are not to be used as a hotel or for housing short-term rentals for special events such as football games or Art Fair. The penalty for violating this clause shall be $200.00 additional rent per incident.
9. For fire safety there shall be no grilling or cooking on decks, balconies or porches. For safety and to protect floor coverings, roller-blade type skates shall not be worn inside buildings. Water beds and other water-filled furniture are only permitted with written approval of the lessor and will require a paid insurance policy insuring lessor against damage caused by the use of such furniture.
Residents agree not to use the premises as a temporary storage facility for the furniture or belongings of others. The soap dish in the bathtub is not to be used as a grab bar.
10. Residents agree not to smoke, vape or burn incense, or allow guests to do so, in or on the premises, and further agree not to take up smoking during the term of this lease. For the first instance of a violation of this provision, or evidence thereof satisfactory to Lessor, Lessees agree that in addition to any other consequences which may arise from such a violation, they will pay to Lessor the sum of $200.00 as additional rent immediately upon being presented with the existence of such evidence. The amount of this additional rent penalty shall increase by $50.00 for each subsequent instance (i.e. 2nd violation $250.00, 3rd violation $300.00 etc.). Resident understands that management may be unable to enforce no-smoking rules against other lessees or guests.
11. If resident chooses to mail rent payments, they shall be considered on time if actually received on or before the due date or postmarked earlier than 4 days before the due date.
12. As a condition of occupancy, at Lessor's option a copy of this lease co-signed by a parent or guardian of each resident shall be returned to management within ten days from the date of this lease.
13. Lessee acknowledges that, prior to signing this Lease, Lessee received and reviewed a copy of the LEAD-BASED PAINT DISCLOSURE FORM completed by the Lessor, the terms of which are incorporated herein by reference, and that Lessee received and reviewed a lead hazard information pamphlet approved by EPA titled PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME.
14. If Lessee has occupied the Leased premises for more than thirteen (13) months, he may terminate the Lease by a sixty (60) day written notice to the Lessor if either of the following occurs: (a) Lessee has become eligible during the lease term to take possession of a subsidized rental unit in senior citizen housing and provides Lessor with written proof of that eligibility, or (b) Lessee has become incapable during the lease term of living independently as certified by a physician in a notarized statement.
15. It is understood that, during the term of this lease, U of M may abandon its Off-Campus-Housing program and mediation services.
Gruber Management, Lessor/Date