RESIDENTIAL LEASE



PREMISES:

TERM OF LEASE: Beginning:

Ann Arbor, MI 48104

Ending:5PM

TOTAL RENT:

$

MONTHLY INSTALLMENT:

$

SECURITY DEPOSIT:

$

PREP/CLEANING FEE:

$

TENANT(S):

LANDLORD: Propertyname L.L.C

820 Hill St., Ann Arbor, MI 48104 (734) 665-5620


In Consideration of the mutual covenants herein stated, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for a private residential dwelling, the Premises above, together with the fixtures, furnishings and appliances belonging thereto, for the above Term. Tenant will pay the total rent for the Premises in the Monthly Installments described above.


UTILITIES PAID BY TENANT: ELECTRICITY ________ WATER __________ HEAT________

COOKING GAS________


COVENANTS

1. RENT:

Tenant shall pay Landlord the amount of Total Rent as indicated above in the box titled Total Rent. Such Total Rent shall be paid in monthly installments as indicated above in the box titled Monthly Installment, on the twentieth (20th) day of each month. The monthly rent will be due and payable to landlord for the following month's occupancy (e.g., Rent due and payable on August 20th is for the month of September). Monthly Rent shall be payable to landlord in the form of one check (and please designate the address of the premises you are renting on the memo portion of the check). Landlord may require rent to be paid with certified funds or money orders. Rent is paid only when received by Landlord.

2. PLACE OF PAYMENT AND NOTICES:

Notices to Tenant shall be sent to the Premises. Payments of rent or other charges due from Tenant and notices to Landlord shall be delivered or sent to Propertyname L.L.C, 820 Hill Street, Ann Arbor, Michigan 48104. Notices required by this lease or by law shall be in writing. Notices that are mailed are deemed delivered to 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.

3. SECURITY DEPOSIT:

Tenant agrees to pay Landlord the sum indicated above in the box titled Security Deposit (not to exceed the equivalent of one and a half (1 and 1/2) months' rent) as a security deposit. Landlord is not obligated to apply this deposit to rent or other charges in arrears. Landlord may use this deposit for (a) actual damages that are the result of conduct not reasonably expected in the normal course of living in the dwelling unit; (b) past due rent and rent due for premature termination of this Lease, and (c) utility bills and other fees and costs of services that are the responsibility of the 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


Name of financial institution or surety: Standard Federal Bank



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.


4. APPLICATION:

Tenant's application and all representations contained therein are incorporated as part of this Lease. Tenant warrants that all the information contained in the application is true, and if any of said information is false, Landlord may terminate this Lease.

5. UTILITIES:

Tenant will pay, in a timely manner; the utility costs checked in the above section titled Utilities Paid by Tenant and shall pay any penalties imposed by utility companies or authorities because of their late payment of original bills. Tenant shall pay Landlord a $20.00 late service charge for each bill Landlord receives for Utility Paid by Tenant.

6. HEAT:

Tenant shall at all times maintain the temperature at a minimum of 60 degrees and shall be responsible for all damages resulting from failure to do so (e.g., frozen pipes).

7. APPLICATIONS OR MONEY FROM TENANT:

Tenant is responsible for keeping him/herself and guarantors informed about the status of his/her account with Landlord. Money received by Landlord from Tenant shall be applied to Tenant's account in the following manner: first, to satisfy unpaid late fees, dishonored check fees, pet, key and other charges owed by Tenant; second, to maintenance and repair costs legally chargeable to Tenant; third, to outstanding legal fees and/or court costs legally chargeable to Tenant; fourth, to outstanding utility bills that are the responsibility of Tenant; fifth, to deposits or portions thereof due from Tenant; sixth to rent.

8. LATE FEES AND DISHONORED CHECKS:

For each delinquency after the 10th day, an additional $20 shall be added by Tenant to each delinquent payment; e.g., $300 due on 20th and arrives on 4th $320 is due. If late fee is not included with late Rent, Tenant agrees to allow landlord to deduct said late fee from the deposit at the conclusion of the lease term. Tenant agrees that $25 will be subtracted from Tenant's deposit for each time Tenant issues landlord a bad check.

9. KEY CHARGE:

Landlord may charge Tenant a reasonable amount for lost keys and lockouts.

10. USE OF THE PREMISES:

The Premises shall be occupied solely by the Tenant listed above for residential purposes only. Neither Tenant nor any person residing with or visiting Tenant shall suffer, perform or permit any act or practice that may damage the reputation of the Building or be injurious or disruptive to the Building and operation thereof, or be disturbing to other tenants, be illegal, immoral or increase the rate of insurance on the Building. Tenant shall be responsible for the conduct of all persons residing with, or visiting Tenant and shall pay for the repair or damage to the Premises caused by the Tenant. And all persons residing with or visiting Tenant.

11. ACCESS:

Landlord shall have the right to enter the premises when unoccupied, and by reasonable advance notice when occupied, for inspection, repairs, or for showing the premises to others.

12. TENANT TO MAINTAIN:

Tenant shall keep the Premises and the fixtures, furnishings and appliances therein in a clean, sightly and sanitary condition, and in good repair, and in accordance with any and all ordinances in such cases made and provided. Tenant shall not cause or permit any waste, misuse or neglect to occur to the water, gas, utilities or any other portion of the Premises.

13. NO IMPROVEMENTS OR ALTERATIONS:

Tenant shall not make any improvements or alteration to the Premises nor install any appliances, locks, television cables, telephone lines, or other equipment or any kind without the prior written consent of Landlord in each instance. Landlord is not liable to reimburse Tenant for any improvements unless agreed in writing. All authorized improvements are the property or the Landlord.

14. REPAIR REQUESTS:

Repairs may be performed only by Landlord or its agents. So that repairs maybe performed efficiently, Tenant agrees to submit any repair request on Landlord's website, www.bartonbrook.com. It shall state in specific terms the repair requested. To facilitate a cooperative Landlord-Tenant relationship, Tenant agrees to provide: a) written notice if repair was not completed timely or if a repair is completed unsatisfactorily and b) reasonable opportunity for Landlord to perform the repair or to remedy the unsatisfactory repair.

15. PARKING:

Parking ( spots) is/are charged at $ per spot per month. Landlord assumes no responsibility for damaged cars or for blocked-in cars. Tenant hereby agrees to keep area in front of dumpsters clear of cars on City trash pick-up day (Wednesday - except during weeks with holidays, then pick-up is on Thursday). Cars may not be parked on the lawn of any building. No parking for guests at any time. Landlord will not pay any ticket charges for illegal parking.

16. STORAGE:

No storage is included in this Lease. Landlord shall not be responsible for any loss or damage to Tenant's property which may be placed on or about the premise.

17. INSURANCE:

Neither Landlord nor its agents are responsible for the theft, damage, loss or destruction or personal property of Tenant, their guests or invitees because of fire, water, acts or omissions of third parties or from any cause whatsoever, 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.

18. HOLD HARMLESS:

Tenants agree for themselves, their heirs and executors, to hold harmless Landlord from all damages, loss, including lost rents, or liability that results from or that may arise out of Tenant's negligent or illegal use or intentional misuse of the Premises, including the common areas. In the event of a claim against Landlord's insurance resulting from the acts or omissions of Tenant, their sub-tenants, guests or party crashers, Tenant will reimburse Landlord for its insurance deductible up to $1,000.

19. SURRENDER OF PREMISES AND RETURN OF POSSESSION:

At the termination of this Lease, by lapse of time or otherwise, Tenant shall yield up and surrender immediate possession to Landlord, and deliver all keys to Landlord. If Tenant fails to vacate the Premises upon termination, Tenant shall pay a sum equal to double the amount of rent herein set forth as liquidated damages for the time that possession is withheld; and

  1. Landlord may, by giving Tenant written notice thereof, extend the term of this Lease upon all the terms end conditions herein for one year, but with a rental of 20% greater than the rent contained herein; or

  2. If Landlord fails, to provide written notice to Tenant of Landlord's election under (a), Tenant shall become a month-to-month tenant, upon all the terms and conditions contained herein. Tenant shall also compensate Landlord for any and all damages incurred by Landlord by virtue of Tenant's failure to vacate the said Premises in accordance with the terms of this Lease. The payment or acceptance of rent after expiration of the Lease shall not extend this Lease. Upon the termination of this Lease, Tenant shall yield and return the Premises back to Landlord in as good condition of cleanliness repair as at the date of the taking possession, reasonable wear and tear excepted. Upon Tenant vacating the Premises, if the Premises are not in good repair and in a clean, sightly and sanitary condition, Landlord or his agents may restore the Premises to the same condition of repair, sightliness and cleanliness as existed at the date of Tenant taking possession, Tenant agrees to pay Landlord for all expenses incurred by Landlord for restoring the premises to that condition.

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 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 parties' written agreement that they shall no longer observe one or more Lease provisions, shall not invalidate any other clauses of this Lease.

24. SUCCESSORS BOUND:

The heirs, successors, assigns and representatives of Landlord and Tenant shall be bound by the covenants of this Lease.

25. USE AND QUIET ENJOYMENT:

Tenant shall use the Premises for residential purposes only and refrain from conduct that disturbs the privacy of other tenants or interferes with the rights of other tenants to their rightful use, occupancy and quiet enjoyment of the Premises. No business of any sort shall be located in or conducted from the Premises. Tenant shall be entitled to the quiet enjoyment of the Premises through this Lease so long as they comply with its covenants.

26. JOINT OBLIGATIONS:

The words 'Landlord' and 'Tenant' when used in this Lease shall be construed to be plural if more than one person comprises either party to this Lease, and each shall be jointly and severally obligated to perform all of the terms and conditions of this Lease.

27. CO-SIGN AGREEMENT:

Each Tenant will provide a guarantor acceptable to Landlord within seven (7) days of executing this Lease.

28. POSSESSION:

If Tenant cannot obtain possession of the Premises because the Premises are not ready on the date this Lease commences the sole damage for which Landlord shall be liable to Tenant is the full abatement of Tenant's prorated rent from the date this Lease commences to the date the Premises are ready for occupancy. The date on which the Premises are ready for occupancy shall be at the Landlord's exclusive determination.

29. UNTENANTABILITY:

If the Premises become wholly untenantable during this Lease because of fire or other casualty not caused by the negligence or intentional misconduct of Tenant, their guest or invitees, Landlord may cancel this Lease by notifying Tenant in writing, and Tenant shall surrender the Premises to Landlord. If the Premises become partially untenantable for the same reasons, or wholly untenantable for the same reasons without Landlord canceling the Lease, Landlord shall repair the Premises with reasonable speed, and rent shall be abated in the same percentage the Premises are untenantable until repair are substantially completed. If the Premises become partially or wholly untenantable during the Lease because of fire or other casualty caused by negligence or intentional misconduct of Tenant, their guests or invitees, rent shall not abate. Landlord is not liable to Tenant for the failure to repair unless and until Tenant has notified Landlord in writing of the need for repair and a reasonable amount of time to make the repair has passed thereafter.

30. SUBLETTING:

Only those listed herein as Tenant may occupy the Premises. Tenant shall not sublet the Premises, or any part thereof, without the prior written permission of Landlord. Landlord shall not be unreasonably deny Tenant's right to sublet premises, however, Landlord does not waive its right to receive prior written notice or its right to reject a subtenant for reasonable cause. Tenant hereby agrees to a $50 per Tenant charge for sublease during the lease term.

31. ABANDONMENT:

If at any time during this Lease Landlord believes in good faith that Tenant has abandoned the Premises and the current rent is unpaid, Landlord may re-enter the Premises and remove the remaining possessions of Tenant without liability thereof. Abandonment shall be conclusively presumed if rent is unpaid for fifteen days following the due date and either (1) a substantial portion of Tenant' possessions have been removed or (2) acquaintance of Tenant or other reliable sources indicate to Landlord that Tenant has left without the intention of re-occupying the Premises. If Tenant abandons the Premises or surrenders them at anytime and leaves personal property there, Landlord may dispose of it if Landlord chooses. Tenant shall reimburse Landlord for all costs incurred. This provision applies to all personal property except that for which Landlord and Tenant have made a specific, written agreement. No oral agreements may alter this provision

32. FORFEITURE:

Default in any of the covenants of this Lease by Tenant, including any payment of rent and/or deposits required before possession constitutes breach of this contract and shall entitle Landlord to terminate the tenancy pursuant to the remedies provided herein. Any misrepresentation contained in the application to Lease, is forfeiture and shall entitle Landlord to terminate the tenancy pursuant to the remedies provided herein. From the date of execution, time is of the essence of this Lease. Venue to litigate any claim arising out of the tenancy created by this Lease shall be in the County of Washtenaw, State of Michigan.

33. DEFAULT:

(A) 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 (7) days written notice to the Tenant.


(B) This Lease may be terminated because the Tenant, a member of the Tenant's household, or other person under the Tenants control has manufactured, delivered, possess with intent to deliver, or possessed a controlled substance on the premises. The Landlord may terminate the tenancy by giving the Tenant a written seven (7) day Notice to Quit. This section applies only if a report has been filed by the Landlord alleging that the person has unlawfully manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the premises. For purposes of this subsection, "controlled substance" means a substance or a counterfeit substance classified Schedule 1, 2, or 3 pursuant to 333.7211-7216 of the Michigan Compiled Laws or successor provisions thereto.


(C) If Tenant breaches any other provision of this Lease, Landlord may terminate this Lease by providing one month's written notice to 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 accord with applicable law. If Landlord re-enters the premises and terminates the tenancy of Tenant pursuant to this section, Landlord has the right and duty to mitigate damages, and Tenant shall be liable for the amount if any, by which the rent due under this Lease exceeds the rent collected after such termination.

After the service of any Notice, Commencement of any suit or Entry of Judgment for repossession of the premises for unpaid rent, Landlord may receive and collect any rent due and apply the same as and for use and occupancy of the premises, and the payment and receipt of such rent shall not affect nor serve as a waiver of Landlord's rights with respective to such Notice, Suit or Judgment. No receipt of money by the Landlord from the Tenants after the termination of this Lease shall reinstate, continue or extend the term, nor waive or affect any notice given by the Landlord to the Tenant prior to such receipt of money.

34. ENTIRE AGREEMENT:

This Lease is the entire agreement between the parties. There are no other agreements that are a part of this Lease unless they have been specifically enumerated herein. Tenant's application to Lease is incorporated herein, and Tenant covenant that the information supplied in that application was and continues to be accurate.

35. LEGAL EXPENSES:

Tenant shall pay all costs, expenses and attorneys fees which shall be incurred or expended by Landlord due to Tenant's breach of the covenants and agreements of this Lease, to the extent provided for by Court rules, statute or ordinance.

36. 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) monies may be placed in escrow with Mediation Services; and (e) this provision does not preclude other legal rights of the parties.

37. RULES AND REGULATIONS:

Tenant shall observe and abide by the Rules and Regulation set forth in this Lease, and agrees to be bound by and comply with any further reasonable rules and regulations as may be established by the Landlord. Tenant shall pay for damage resulting from non-compliance.


RULES AND REGULATIONS


1. Tenant shall not change the locks without prior written consent of Landlord. No additional locks or other similar devices shall be attached to any door without Landlord's written consent.

2. Hallways and stairways shall not be obstructed or used for any purpose other than ingress and egress from the Building. Tenant shall not place or store any items on porches, in hallways or in any common areas of the premise.

3. Bathrooms shall not be used for any purpose other than that for which they are designed and no rubbish, rags, sanitary napkins, or injurious items shall be placed in plumbing facilities or receptacles.

4. All garbage shall be securely wrapped and promptly placed in the garbage container.

5. Tenant shall not interfere in any manner with the heating or lighting or other fixtures in the Building nor run extension cords or electrical appliances in violation of Building Code.

6. Right of Access to Show Apartments to Prospective Tenant and Purchasers: Landlord shall have the right to show the Apartment to all prospective Tenant and purchasers and any of Landlord's other invitees in accordance with local statutes and/or ordinances. Tenant shall not interfere with Landlord's efforts to lease the Premises and Tenant shall be liable for any damage caused by breach of this provision.

7. Landlord has the right to bar individuals from the Premises. Tenant must inform their guests and party crashers of all Lease provisions regarding use of the Premises and all rules and regulations. If these provisions are violated by their guests or party crashers, they may be barred and/or arrested for criminal trespassing, after they have received a barred notice and then have been placed on a barred list by Landlord, If Tenant violates the Lease or any of the rules and regulations it is grounds for termination of tenancy.

8. Light bulbs will be provided by Landlord at the beginning of the Lease term. Tenant is responsible for replacing light bulbs throughout the Lease term as necessary so that upon surrendering possession to the Landlord, all fixtures are properly equipped.

9. Attic and storage areas shall not be used for sleeping per city code.

10. Tenant shall not prop open or cause to be unlocked entry or tin doors to the Building.

11. Tenant shall not go out onto or store possessions on any roof or fire escape.

12. Tenant will use picture hangers and not use gum, glue, tape or adhesive.

13. Tenant will not take furniture outside of the unit. Unit will be furnished as at the time of lease signing. Tenant's requests to have furniture removed from unit shall be at Landlord's discretion and subject to charge.

14. Tenant agrees not to abuse or mistreat laundry areas. Tenant should contact Propertyname L.L.C on its website www.bartonbrook.com for repairs.

15. No lofts, waterbeds or sofa beds are allowed in the Premises at any time. Tenant will pay all costs of violation as determined by Landlord.

16. No pets are allowed in the Premise at any time. Tenant will not keep, allow about, feed or groom inside or outside the Premises any animal or pet, including fish and birds, even on a temporary basis Tenant will pay $100.00 for a first violation, $250.00 for a second violation and $500.00 for a third and each subsequent violation, plus at additional sums resulting from non-compliance. All such charges are due immediately upon notification. After a violation, Tenant will allow Landlord to re-inspect unit.

17. Tenant will practice good housekeeping to prevent insects, pests and vermin and is responsible for exterminator services required because of Tenant's housekeeping practices.

18. Tenant will not disarm or remove batteries from smoke detector. Tenant will inform Landlord of malfunction and will replace batteries necessary so that the unit is equipped with an operable smoke detector throughout the Lease term.

19. Tenant is responsible for maintaining the carpet, including vacuuming as necessary.

20. Parking is not allowed on the lawn at any time.


We understand the above Rules and Regulations and we agree to comply with these requests.


Additional Provisions:




__________________________________________________________________________________________


__________________________________________________________________________________________




CERTIFICATION OF ACCURACY:

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate.

Tenant

Soc. Sec. #:

Tenant

Soc. Sec. #:

Tenant

Soc. Sec. #:

Tenant

Soc. Sec. #:

Tenant

Soc. Sec. #:

Tenant

Soc. Sec. #:

Landlord




Some of the things your Owner writes in the lease or says to you may not be correct representation 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 Owner says to you is unfair, you may contact your lawyer, legal aid society, or tenant's union lawyer for their opinion.


NOTICE: Michigan law establishes rights and obligation for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act. If you have questions 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: You have the right to privacy in your rental home. City Law establishes guidelines that the owner and his/her 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., Ann Arbor.


DISCLOSURE OF INFORMATION ON LEAD-BASED HAZARDS

_____________________________________________________________________________________________

LEAD WARNING STATEMENT:

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken copy of property. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention.


LANDLORD'S DISCLOSURE: (Initial)


_______ A: Presence of lead-based paint or lead-based hazards (check one below):

____________________________________________________________________

____________________________________________________________________


_______ B: Records and reports available to the Landlord (check one below):

____________________________________________________________________

_____________________________________________________________________________________________


TENANTS' ACKNOWLEDGMENT: (Initial):


C: Tenant has received copies of all information listed above:


_________ _________ __________ __________ __________ ___________

D: Tenant has received the pamphlet "Protect Your Family from Lead in Your Home":


­_________ _________ __________ __________ __________ ___________


AGENT'S ACKNOWLEDGEMENT: (Initial):


_________ E: Agent has informed the Landlord of the Landlord's obligations under 42 U.S.C.4852 (d) and is aware of his/her responsibility to ensure compliance.

______________________________________________________________________________________________

Tenant acknowledges receipt of lead-based paint information as required by statute.



Agent: _______________________________________ Date: ____________________


Tenant: _______________________ Date: __________ Tenant: _______________________ Date: ______________


Tenant: _______________________ Date: __________ Tenant: _______________________ Date: ______________


Tenant: _______________________ Date: __________ Tenant: _______________________ Date: ______________