Free Michigan Rental Lease Agreement


Sample Michigan Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Michigan, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of Michigan, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Michigan.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Michigan (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of Michigan, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, Michigan, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, Michigan, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

Michigan Rental Lease Agreement

What do you need to know about rental lease agreements in Michigan?

Official Rules and Regulations

  • Though this article covers the rental laws in Michigan, you should consider reading the official rules and regulations.

    • General Provisions – Mich. Comp. Laws §§ 554.131 – 554.139

    • Landlord and Tenant Relationships – Mich. Comp. Laws §§ 554.601 – 554.61

    • Housing Law of Michigan – Mich. Comp. Laws §§ 125.401 – 125.543

    • Untenable Buildings – Mich. Comp. Laws §§ 554.201 – 554.201

    • The Truth in the Renting Act – Mich. Comp. Laws §§ 554.631 – 554.641

Security Deposit

In the rental lease agreement in Michigan, the security deposit shouldn’t exceed 1 ½ months’ rent. The deadline for returning the security deposit is 30 days.

In Michigan, neither the security deposit interest nor separate security deposit bank account is required.

There are no statutes defining pet deposits or non-refundable fees.

  • What are the permitted uses of the security deposit?

    • Reimbursing the landlord for any actual damages resulting from conduct and wear and tear

    • Payment to the landlord for late rent owed or the rent due for any premature termination.

Damages and charges: the landlord is required to prepare a written description or an itemized list of charges and damages within 30 days of moving out, the tenant must mail the itemized list of the claimed damages including an estimate on the cost of repairs for every damaged item, and a check/ money order for the difference between the claimed and the original deposit amount.

Record keeping of deposits. The landlord is required to keep a record of deposit withholdings according to the statutory move-in or move-out process. However, the landlord cannot withhold any damages from the tenant’s deposit if they were claimed on a previous tenant’s move-out checklist. They should also notify the last tenant that they are entitled to the previous tenant’s move-out checklist with the claimed damages.

Receipts: a receipt of the deposit isn’t required but, 14 days after moving in, the landlord must provide in writing the tenant with the name and the address of the financial institution holding the deposit.

Money Judgment: monetary judgment for claimed damages is required in some circumstances for example if the tenant contests the claimed damages. The landlord can sue for a money judgment in the court or file with the court the proof of an inability to obtain the service of the tenant or to return the withheld portion of the security deposit.

Noncompliance: if the landlord fails to send notice to the tenant of the claimed damaged within 30 days of moving out, then the landlord is considered to have agreed that no damages are due and they must return the full deposit immediately.

Lease, Fees, and Rent

In the Michigan rental lease agreement, rent is due as stated in the contract. And, there are no statutes governing rent increase notices, late fees, abandonment and early termination fees, rent grace period or prepaid rent.

In case of a returned check, the tenant pays return check fees amounting to $25 if paid within 7days and $35 if the fees are paid within 30 days.

The tenant can withhold rent if the landlord fails to provide essential services like water and heat. Also, in case an enforcement agency determines that the conditions of the property are hazardous to health and the tenant hasn’t caused the conditions, then the tenant could pay rent into an escrow account established by the agency.

There is no statute stating if the tenant can repair and deduct rent but in Michigan, the tenant’s right to repair was established in Rome v. Walker, 198 N.W.2d 458 (1972).

The landlord can recover the limited amount of court and attorney fees.

There is also no statute as to whether or not the landlord can make a reasonable attempt to mitigate damages to the lessee.

Notices and Entry

A one-year notice is required to terminate yearly leases with no end date.

For monthly leases, 30-days’ notice is required and seven days for weekly leases.

For termination of leases because of nonpayments, 7-day written notice is required, as well as the termination of health hazards, property damage, threat of violence by a tenant or physical violence.

A 24-hours written notice to quit may be given in case a tenant doesn’t move out after the termination of the lease.

The landlord should give complete move-in and move-out checklists.

Notice of forwarding address is given if, after 4 days of moving out the tenant fails to notify the landlord in writing of their new mailing address,

Notice isn’t required for date and time of move-out inspections

There is no statute requiring the landlord to give notice before entry, but entry is allowed with notice of repairs and maintenance if they are non-emergency.

There are no statutes governing entry notices for showings or emergency entry without notice as well as notice to tenants for pesticide use.

Lockouts and utility shutoffs aren’t allowed.

Disclosures and Miscellaneous Notes

This section covers names and addresses, a copy of the lease, domestic violence situations, landlord duties, Radon testing, Lead disclosures, and the Truth in Renting Act Disclosure

Court Related

The Michigan Small Claims Court has set limits of $5,000, but the courts don’t allow eviction cases.

The Statute of Limitations – Oral and Written contracts are valid for 6 years

You can get legal help from Michigan courts, the Attorney General, Bar Association, and you can also get Legal Aid.

Business Licenses

In the state of Michigan, the landlords managing their properties don’t require business licenses but, the third-party property managers must have state licenses

For your lease agreement in Michigan, fill out our online legal agreement form today.

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MI Rental Lease Agreement

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