Michigan Residential Lease Agreement

Michigan Residential Lease Agreement

(Lease for Term or Month-to-Month)

Terms and Conditions

1. TERM. This Agreement shall commence on the Commencement Date stated in the Schedule (“Commencement Date”). The parties must CHECK EXACTLY ONE of the following two options:

☐   A. Lease for Term: This Agreement shall continue as a lease for term. The termination date shall be the Termination Date stated in the Schedule, at 11:59 PM. Upon the Termination Date, Tenant shall vacate the Premises unless one of the following circumstances occurs: (i) Landlord and Tenant formally extend this Agreement in writing or create and execute a new, written, and signed agreement; or (ii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent. In the event that Landlord accepts from Tenant new rent, a month-to-month tenancy shall be created. Either party may terminate this month-to-month tenancy by following the procedures specified in Section 1(B). Rent shall continue at the Holdover Rent stated in the Schedule (or, if no Holdover Rent is stated, at one hundred fifty percent (150%) of the Monthly Rent), or as otherwise allowed by law. All other terms and conditions as outlined in this Agreement shall remain in full force and effect.

☐   B. Month-to-Month: This Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Such notice to terminate must be provided to Landlord at least one (1) month prior to the desired date of termination of the tenancy. If at any time Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to terminate at least one (1) month prior to the desired date of termination of the tenancy. Notices to terminate may be given on any calendar day, irrespective of Commencement Date.

2. RENT. Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement. However, the Security Deposit shall not be considered Rent. Tenant shall pay to Landlord the Monthly Rent stated in the Schedule as Rent for the Term of the Agreement. Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month. In the event that the Commencement Date is not the 1st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a 30-day period. Unless applicable law requires otherwise, payments received from Tenant will be applied in chronological order to the oldest outstanding obligation.

Acceptable forms of payment of Rent to Landlord shall be [check all that apply]: ☐personal check, ☐money order, ☐cashier’s check, or ☐other: _____. Payment shall be made to Landlord under the following name and address: _____.

In the event that any payment by Tenant is returned for insufficient funds (“NSF”) or if Tenant stops payment, Landlord may require in writing that Tenant pay Rent in cash for the next three months, and that all Rent payments thereafter shall be remitted by Tenant to Landlord by money order or cashier’s check at Landlord’s address as set forth in the Notice section of this Agreement on or before the due date and without demand. A returned or dishonored payment does not constitute payment, and Landlord reserves all rights and remedies provided by law for a dishonored check, draft, or order for payment, including MCL 600.2952.

3. SECURITY DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the Security Deposit stated in the Schedule, receipt of which is hereby acknowledged by Landlord, as security for the performance of Tenant’s obligations under this Agreement. As required by MCL 554.602, in no event shall the Security Deposit, together with any pet deposit, exceed 1 1/2 months’ rent. The Security Deposit may be used only for the following purposes: (a) to reimburse the Landlord for actual damages to the rental unit or any ancillary facility that are the direct result of conduct not reasonably expected in the normal course of habitation of a dwelling, and (b) to pay the Landlord for all rent in arrearage under the Agreement, rent due for premature termination of the Agreement by the Tenant and for utility bills not paid by the Tenant. The Security Deposit will be deposited in the regulated financial institution, or secured by the surety bond, identified in the Schedule (MCL 554.603, 554.604).

Return of Security Deposit. The Security Deposit will be returned to Tenant, without interest, less any amounts lawfully applied under this Section and MCL 554.607, after termination of occupancy. If Landlord claims damages or any other obligation against the Security Deposit, Landlord will mail to Tenant, within thirty (30) days after termination of occupancy, an itemized list of damages claimed for which the Security Deposit may be used as provided in MCL 554.607, including the estimated cost of repair of each damaged item and the amounts and bases on which Landlord intends to assess Tenant, accompanied by a check or money order for the difference between the damages claimed and the amount of the Security Deposit held, and not including any damages claimed on a previous termination inventory checklist before Tenant’s occupancy (MCL 554.609). Within forty-five (45) days after termination of occupancy, and not thereafter, Landlord must either commence an action in a court of competent jurisdiction for a money judgment for claimed damages or return the balance of the Security Deposit, or any amount mutually agreed upon in writing, subject to MCL 554.613(1)(a) through (d) (including where Tenant has failed to provide a forwarding address, Tenant has failed to respond to the notice of damages, the parties have agreed in writing to the disposition of the claimed balance, or the amount claimed is entirely accrued unpaid rent for a period of actual or constructive possession). As required by Michigan law (MCL 554.609), Landlord’s notice of damages to Tenant will state:

NOTICE: You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages.

Forwarding Address for Return of Security Deposit. The following notice is required by Michigan law (MCL 554.603):

NOTICE: 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. USE OF PREMISES. The Premises shall be used and occupied only by Tenant and the Occupants identified in the Schedule, as a private residential dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private residential dwelling. Tenant shall not allow any other person, other than transient guests of Tenant, to use or occupy the Premises without first obtaining Landlord’s written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.

5. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that, except as noted on the Commencement Inventory Checklist returned under Section 37 (Inventory Checklist), they are at the Commencement Date in good order, repair, and in a safe, clean and tenantable condition. This stipulation does not limit or waive Landlord’s covenants under MCL 554.139 or Tenant’s remedies for breach of those covenants.

6. ASSIGNMENT AND SUBLEASING. Tenant shall not assign this Agreement, or sublease or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, subleasing or license shall not be deemed to be a consent to any subsequent assignment, subleasing or license. An assignment, subleasing or license without the prior written consent of Landlord or an assignment or subleasing by operation of law shall be absolutely null and void and shall, at Landlord’s option, terminate this Agreement.

7. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, at Landlord’s election, either become the property of Landlord and remain on the Premises, or be removed by Tenant at Tenant’s expense with the Premises restored to their prior condition, at the expiration or earlier termination of this Agreement.

8. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate.

9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

10. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises, except the following, which Landlord will pay: _____ (if none, write “None”).

11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Nothing in this Section limits Landlord’s covenants under MCL 554.139(1); those covenants are modified only to the extent, if any, permitted by MCL 554.139(2). Without limiting the generality of the foregoing, Tenant shall:

Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;

Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;

Not obstruct or cover the windows or doors;

Not leave windows or doors in an open position during any inclement weather;

Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;

Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;

Keep all air conditioning filters clean and free from dirt;

Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;

And Tenant’s family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;

Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents;

Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements;

Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners’ Association having control over them.

“Rules and Regulations” means any written rules Landlord furnishes to Tenant for the Premises or the common areas and any rules of a Condominium or Homeowners’ Association having control over them. Tenant may park only operable, currently registered passenger vehicles, and only in the following location(s): _____; no inoperable, unregistered, or commercial vehicles, trailers, or boats may be kept on the Premises without Landlord’s written consent.

Habitability modification (terms of one year or longer only). If this Agreement has a current term of at least one (1) year, then, as permitted by MCL 554.139(2), Tenant assumes responsibility for the following items, and Landlord’s covenants under MCL 554.139(1) are modified accordingly: _____ (for example: minor repairs not exceeding $_____ per occurrence; appliance servicing; lawn and snow care). If this Agreement is month-to-month or has a current term of less than one (1) year, this paragraph does not apply and Landlord’s covenants are not modified.

Smoke and carbon monoxide detectors. Tenant shall test smoke and carbon monoxide detectors monthly, replace batteries as needed, and promptly notify Landlord of any malfunction; Tenant shall not disable or remove any detector.

Smoking. ☐ Smoking (including vaping and cannabis) is prohibited in the Premises; ☐ smoking is prohibited in all common areas; ☐ smoking is prohibited within _____ feet of the building. (Check as applicable; if none is checked, no smoking restriction applies.)

12. INSURANCE. Landlord, Landlord’s agent or manager, or, if applicable, the Condominium or Homeowners’ Association, are not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Landlord has advised Tenant to carry Tenant’s own insurance (renter’s insurance) to protect Tenant from any such loss or damage. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance. Tenant shall maintain renter’s insurance with personal-liability coverage of at least $_____ throughout the term and furnish proof of coverage on request. ☐ Required ☐ Not required (check one).

13. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the damaged part bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. Nothing in this Section limits or waives Landlord’s covenants under MCL 554.139 or Tenant’s remedies for breach of those covenants.

14. INSPECTION OF PREMISES. Landlord and Landlord’s agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual “for sale”, “for rent” or “vacancy” signs on the Premises at any reasonable time during the term of this Agreement. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. If the Premises are a leasehold regulated by the Housing Law of Michigan, Landlord will request and obtain Tenant’s permission before any non-emergency entry, as required by MCL 125.526(11); Tenant shall not unreasonably withhold, condition, or delay permission for entry at reasonable times for the purposes stated in this Section; and in an emergency (including fire, flood, or other threat of serious injury or death) Landlord may enter at any time. This paragraph applies only to leaseholds so regulated and does not create a permission requirement for Premises that are not so regulated.

15. SUBORDINATION OF LEASE. This Agreement and Tenant’s interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.

16. TENANT’S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at the Holdover Rent stated in the Schedule per month (or, if no Holdover Rent is stated, at one hundred fifty percent (150%) of the Monthly Rent) and except that such tenancy shall be terminable upon not less than one (1) month’s written notice served by either party. If Tenant remains in possession of the Premises without Landlord’s written consent after the expiration or earlier termination of this Agreement, Tenant is a tenant at sufferance, is liable for Holdover Rent prorated daily for each day of holdover and for Landlord’s damages, and Landlord may recover possession as provided by law.

17. SURRENDER OF PREMISES. Upon the expiration or earlier termination of this Agreement, Tenant shall surrender the Premises, and return all keys and access devices to Landlord, in as good a state and condition as they were at the Commencement Date, reasonable wear and tear and damage by the elements excepted.

18. ANIMALS. Tenant may keep no more than _____ (_____) domestic dogs, cats, or birds (write “0” if none are permitted) and no other animals; if no number is entered, no animals are permitted. If Tenant keeps any such animal on the Premises, Tenant shall pay to Landlord the refundable pet deposit stated in the Schedule, which is part of and subject to the same rules, cap, and return requirements as the Security Deposit under this Agreement and MCL 554.601 to 554.616. In addition, Tenant shall pay pet rent of $_____ per month for each permitted animal, payable with Monthly Rent. This Section does not apply to service animals or assistance animals required as a reasonable accommodation under applicable fair-housing law, and no pet deposit, pet rent, or pet fee may be charged for such an animal.

19. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant’s performance of all Tenant’s agreements contained herein and Tenant’s observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.

20. INDEMNIFICATION. Tenant shall indemnify, defend and hold Landlord harmless from claims, damages, and expenses arising out of injury to persons or damage to property to the extent caused by the negligent or intentional act or omission of Tenant, Tenant’s family, guests, invitees, agents, or employees. This Section does not exculpate Landlord from, or require Tenant to indemnify Landlord against, liability arising from Landlord’s own negligence or intentional misconduct or from Landlord’s duties under MCL 554.139 or other applicable law.

21. DEFAULT. If Landlord determines that Tenant is in default of this Agreement, Landlord shall provide Tenant with a written demand for possession or notice of default as required by law, and Tenant shall have the following time to cure unless otherwise excepted: (a) for the failure to pay rent when due, seven (7) days after service of a written demand for possession under MCL 600.5714(1)(a) and MCL 600.5716; (b) for activities in contravention of this Agreement (including but not limited to having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the Premises clean and sanitary), _____ (_____) days to cure (seven (7) days if no number is entered). If Tenant fails to cure the default within the required time frame, Landlord may terminate this Agreement and recover possession as provided by law, and Tenant shall vacate the Premises and return the keys to Landlord. If Tenant’s default is of a nature that Tenant should not be given an opportunity to cure the default (including but not limited to destruction, damage, or misuse of Landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable disturbance), or if the default constitutes a subsequent or continuing default within twelve (12) months of a written warning by Landlord of a similar violation, Landlord may deliver a written notice to Tenant specifying the default and Landlord’s intent to terminate this Agreement; in such event, Tenant shall have seven (7) days from the date the notice is delivered to vacate the Premises; if Tenant does not vacate, Landlord may terminate this Agreement and recover possession as provided by law. If the Premises are a CARES Act covered property (see the election in the Schedule), Landlord must give Tenant at least 30 days’ notice to vacate before requiring surrender of possession for nonpayment of rent or other fees or charges (15 U.S.C. § 9058). Nothing in this Section limits any other ground for possession or termination available to Landlord under MCL 600.5714 or other applicable law.

22. LATE CHARGE. If a Late Charge amount is entered in the Schedule, then in the event that any payment required to be paid by Tenant hereunder is not received by the _____ day of the month (the 1st day if no day is entered), Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a single, one-time late charge in the amount stated in the Schedule for that delinquent payment. The Late Charge does not compound and accrues only once per delinquent payment; if no amount is entered in the Schedule, no Late Charge applies.

23. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord’s option, obtain possession of the Premises in the manner provided by law, and, to the extent applicable law provides, without becoming liable to Tenant for damages or for any payment of any kind whatever. Tenant is deemed to have abandoned the Premises when Tenant is absent from the Premises, Rent is unpaid, and Landlord, after diligent inquiry, has reason to believe in good faith that Tenant does not intend to return (see MCL 600.2918(3)(c)). Landlord may, at Landlord’s discretion, relet the Premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord’s option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. Personal property left on the Premises after Landlord lawfully recovers possession may be removed and stored by Landlord at Tenant’s expense, and may be disposed of only (a) as directed in an unequivocal written surrender signed by Tenant, or (b) as ordered by a court of competent jurisdiction. Nothing in this Section waives any right or remedy under MCL 600.2918.

24. ATTORNEYS’ FEES. Neither party waives any right to costs or attorney fees provided by statute (including MCL 554.636), court rule, or court order. Except as so provided, each party bears its own attorney fees and costs.

25. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord’s option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity.

26. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Michigan.

27. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

28. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and permitted assigns of the parties.

29. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.

30. CONSTRUCTION. Pronouns include all genders, and the singular includes the plural, where the context requires. References to a “Section” are to sections of this Agreement; “Lease” means this Agreement; “including” means “including without limitation.”

31. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant’s duties and liabilities hereunder. Landlord’s acceptance of Rent, or of partial Rent, with knowledge of a default does not waive the default or any notice or demand previously given, except to the extent applicable law provides otherwise.

32. MODIFICATION. This Agreement, including the Schedule, the inventory checklists, and any disclosure attached to it, contains the entire agreement between the parties. Except as Section 38 (Changes in Rules and Regulations) permits, this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties.

33. NOTICE. Any notice required or permitted under this Agreement that is not a statutory notice described below shall be deemed sufficiently given if delivered personally, or sent by United States first-class mail or certified mail, return receipt requested, addressed as follows, and is deemed received upon personal delivery or three (3) days after mailing:

If to Landlord to:    If to Tenant to:

_____    _____

[Landlord’s Name]    [Tenant’s Name]

_____    _____ [Landlord’s Address]    [Tenant’s Address]

_____    _____

[Landlord’s City, State, Zip]    [Tenant’s City, State, Zip]

_____    _____

[Landlord’s E-Mail Address]    [Tenant’s E-Mail Address]

A courtesy copy of the notice may also be sent by e-mail but is not required and is not effective service. Statutory notices — including any demand for possession under MCL 600.5714 and MCL 600.5716, any notice to quit, any security-deposit itemization or return notice under MCL 554.609 to 554.611, and any notice required by federal law or by municipal or local law — must be given by the method the applicable law requires and are not governed by the provision above. A demand for possession may be served by any means enumerated in MCL 600.5718(1): personal delivery to Tenant, delivery on the Premises to a member of Tenant’s family or household or an employee of Tenant of suitable age and discretion with a request that it be delivered to Tenant, first-class mail addressed to Tenant, or — only if Tenant has specifically consented in writing through the Electronic Service Election in the Schedule — electronic service under MCL 600.5718(1)(d). That consent is effective only after the send-and-reply exchange described in the Schedule is completed; checking the box in the Schedule is not by itself effective consent (MCL 600.5718(1)(d)). If a demand for possession is mailed, the date of service for purposes of chapter 57 of the Revised Judicature Act is the next regular day for delivery of mail after the day it was mailed (MCL 600.5718(1)(c)). Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party.

34. TERMINATION AFTER MORE THAN 13 MONTHS’ OCCUPANCY. In accordance with Michigan law (MCL 554.601a), if Tenant has occupied the Premises for more than thirteen (13) months, Tenant may terminate this Agreement by providing sixty (60) days’ written notice to Landlord if one of the following occurs: (a) Tenant becomes eligible during the term of this Agreement to take possession of a subsidized rental unit in senior citizen housing, and Tenant provides Landlord with written proof of Tenant’s eligibility; (b) Tenant becomes incapable during the term of this Agreement of living independently, as certified by a physician in a notarized statement. Termination under this Section is effective only after the sixty (60) days’ written notice. Tenant remains liable for Rent and other sums due through the effective termination date. This Section does not waive Landlord’s rights in the Security Deposit or other sums that may be withheld under MCL 554.601 to 554.616 or other applicable law.

35. DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING. 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. Any such release requires written notice of Tenant’s intent to seek a release, submitted by certified mail, with the written documentation required by MCL 554.601b. A release under MCL 554.601b does not apply to prepaid amounts, does not take effect before Tenant vacates the Premises (and takes effect no later than the first day of the second month that rent is due after notice is given), does not release any other Tenant who is a party to this Agreement, and does not prevent Landlord from withholding the Security Deposit as MCL 554.613(1)(d) and other applicable law allow.

36. DEATH OF TENANT. The death of Tenant does not authorize Landlord to recover possession of the Premises by self-help; entry, removal of persons or property, and termination must follow applicable law. The death of a Tenant does not, by itself, terminate this Agreement. Any surviving Tenant remains jointly and severally liable. The deceased Tenant’s estate remains liable for Rent and other sums to the extent applicable law provides. Handling of the deceased Tenant’s personal property, and any reentry, must follow applicable law, including MCL 600.2918.

37. INVENTORY CHECKLIST. Landlord is required by Michigan law (MCL 554.608) to use inventory checklists both at the beginning and end of the tenancy which detail the condition of the Premises for which a security deposit is required. Landlord has provided Tenant with two (2) blank copies of the Commencement Inventory Checklist, as acknowledged in the Schedule. Tenant shall complete one copy, return it to Landlord within seven (7) days after obtaining possession, and keep the other copy. At the termination of occupancy, Landlord will complete a Termination Inventory Checklist listing the damages Landlord claims. The Commencement Inventory Checklist contains the following statement at the top of its first page:

NOTICE: You should complete this checklist, noting the condition of the rental property, and return it to the landlord within 7 days after obtaining possession of the rental unit. You are also entitled to request and receive a copy of the last termination inventory checklist which shows what claims were chargeable to the last prior tenants.

38. CHANGES IN RULES AND REGULATIONS. In accordance with Michigan law (MCL 554.633(1)(l)), Landlord will not change any Rules and Regulations (as defined in Section 11) without Tenant’s written consent, except upon written notice of not less than thirty (30) days and only in one of the following circumstances: (i) changes required by federal, state or local law or rule or regulation; (ii) changes in rules related to the property that are required to protect the physical health, safety or peaceful enjoyment of tenants and guests; or (iii) changes in the amount of rental payments to cover additional costs in operating the rental premises incurred by Landlord because of increases in ad valorem property taxes, charges for electricity, heating fuel, water, or sanitary sewer services consumed at the property, or increases in premiums paid for liability, fire, or worker compensation insurance.

39. FEDERAL RIGHTS SAVINGS. Nothing in this Agreement limits rights or remedies provided by federal law, including: (a) the Servicemembers Civil Relief Act, including 50 U.S.C. § 3955 (lease termination by a servicemember upon qualifying orders, without early-termination charges) and 50 U.S.C. § 3951 (eviction protections); (b) the CARES Act 30-day notice-to-vacate requirement stated in Section 21 (Default) for covered properties (15 U.S.C. § 9058); and (c) if the tenancy is part of a covered housing program, the housing protections of the Violence Against Women Act (34 U.S.C. § 12491).

40. ATTACHMENTS AND DELIVERED DOCUMENTS. Check each item delivered with this Agreement. A blank box does not excuse a legally required delivery. Checked lease addenda are incorporated into this Agreement; other checked documents are listed to acknowledge delivery only.

Required when applicable:

☐ Federal lead-based paint disclosure form, EPA/HUD pamphlet, and available lead-hazard reports (pre-1978 Premises).

☐ Commencement Inventory Checklist — two (2) blank copies (MCL 554.608(2)).

☐ Security-deposit statutory notice, if supplied separately (MCL 554.603).

☐ Local tenant notices or booklets, required municipal lease addenda, and applicable city disclosures.

☐ HUD tenancy addendum or other required housing-assistance lease addendum, if applicable.

Additional documents, if used:

☐ Guaranty / co-signer agreement.

☐ Utility billing / allocation addendum.

☐ Landlord rules and regulations.

☐ Pet / animal addendum.

☐ Parking addendum.

☐ Condominium / homeowners’ association rules.

☐ Other: _____.

41. ADDITIONAL PROVISIONS; DISCLOSURES. _____. For Premises built before 1978, the federal lead-based-paint disclosure form is attached to this Agreement as a separate document, and the EPA pamphlet has been delivered to Tenant.

42. TRUTH IN RENTING ACT NOTICE. The following notice is required by Michigan law (MCL 554.634).

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.