Michigan Residential Sublease Agreements
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Michigan y, [Landlord's Name]
g you an itemized list of damages and the penalties adherent to that failure.
If you have any questions about any of the information contained in this letter, please feel free to contact me.
Sincerel 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 sendinn/ Surety]: In addition, this letter also serves to notify you of your obligation to provide a written notice of your forwarding address after the termination of your occupancy of these premises.
You the name and address of the [financial institution/ surety] [in/ by] which your security deposit is being [held / supported]. Name of [Financial Institution/ Surety]: Address of [Financial Institutio communication.]
[Tenant's Name] [Tenant's Address] Re: Security Deposit/Forwarding Address Dear [Tenant's Name]:
This letter is to acknowledge receipt of your security deposit, and to notify you of This letter must be sent by any Michigan landlord who requires a security deposit no later than 14 days from the date that tenant receives written notice of landlord's name and address for receipt of-------------------- -------------------- ---------------- Lessee Date Lessee Date -------------------- -------------------- ---------------- ------------------ Agent Date Agent Date
EXHIBIT A [NOTE:r knowledge, that the information they have provided is true and accurate. ------------------ -------------------- -------------------- ------------------ Lessor Date Lessor Date -------------------- under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of theiisted above. (d) _____ Lessee has received the pamphlet Protect Your Family From Lead In Your Home. Agent's Acknowledgment (initial) (e)------ Agent has informed the Lessor of the Lessor's obligationssor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Lessee's Acknowledgment (initial) (c) _____ Lessee has received copies of all information lLessee with all available records and reports pertaining to leadbased paint and/or lead-based paint hazards in the housing (list documents): ______________________________________________ (ii)____ Lesessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the Lessor (Check (i) or (ii) below): (i) _____ Lessor has provided the int hazards (Check (i) or (ii) below): (i) _____ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain): ______________________________________________ (ii) ____ Lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessor's Disclosure (a) Presence of lead-based paint and/or lead-based paif not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Lessors must disclose the presence of known leadbased paint and/or lNFORMATION ON LEAD-BASED PAINT OR LEAD-BASED PAINT HAZARDS Lead Warning Statement Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards ______________________________ ___________________________________ Acknowledged by Sublessor: ___________________________________ ___________________________________
RESIDENTIAL LEASE DISCLOSURE OF I___________ (Date). The move-in conditions are those noted on this inspection as shown above. The parties further agree that a copy of this Joint Inspection was provided to Subtenant. Subtenant: ___________________________________ ___________________________________________________________________________________________________________
Sublessor and Subtenant have inspected the Premises on __________________________ ________________________ ________________________ ________________________ ________________________
NOTES: ___________________________________________________________________________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ _______________________ ________________________ ________________________
MOVE-OUT OK NO
Comments ________________________ ________________________ ________________________ ________________________ _______________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ _______ _______________ _______________
Comments ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ____l Drapes / Blinds Doors Fireplace Lights Locks Patio Refrigerator Screens Storage Stove Walls Windows Window coverings Yard _______________ _______________ _______________ _______________ ____________ected by (for Sublessor) Move out date Inspected by (for Subtenant)
MOVE-IN OK NO Bedroom 1 Bedroom 2 Bedroom 3 Bathrooms Entry Area Living Areas Balcony Carpeting Ceilings Closets Dishwasher Disposaou 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.
Address of Premises: Move In date Insphe premises are occupied. You should complete this checklist, noting the condition of the rental property, and return it to the Sublessor within 7 days after obtaining possession of the rental unit. Y 6
[Attach copy of Master Lease]
Initials Sublessor________ Subtenant __________
PREMISES INSPECTION
MOVE-IN / MOVE-OUT
The Premises must be inspected immediately before the Sublease is signed or t____________________________________________ ___________________________________ [Name] Date: _____________________________
Initials Sublessor________ Subtenant __________
Sublease EXHIBIT A
Page -Name]
LANDLORD'S CONSENT If Landlord's consent is not required check here [__]. The undersigned, Landlord in the Master Lease, hereby consents to the foregoing Sublease Agreement.
LANDLORD: ________: ____________________________________________________ ___________________________________ [Name]
SUBTENANT: ____________________________________________________ ___________________________________ [ies have caused this Sublease to be executed the day and year first above written.
SUBLESSOR: ___________________________________________________ ___________________________________ [Name]
SUBTENANT other awarded relief.
ADDITIONAL PROVISIONS. [Specify "none" if there are no additional provisions]
Initials Sublessor________ Subtenant __________
Sublease
Page - 5
IN WITNESS WHEREOF, the partve. 9.3 Legal Fees. In the event of any legal action by the parties arising out of this Lease, the losing party shall pay the prevailing party's reasonable attorneys fees and costs in addition, to allelivery service, if to Subtenant, at the Premises and if to Sublessor, at the address for payment of Rent. Either party may change such addresses from time to time by providing notice as set forth abouch breach. 9.2 Notice. Any notice required or otherwise given pursuant to this Sublease shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight diting and signed by the party to be charged. The receipt and retention by Sublessor or Landlord of Rent with knowledge of the breach of any provision of this Sublease shall not be deemed a waiver of sn, but the same shall continue and remain in full force and effect. No waiver or modification by either party of any provision of this Sublease shall be deemed to have been made unless expressed in wrt keeping, observance or performance of any provision of this Sublease or to exercise any election in this Sublease shall not be construed as a waiver or relinquishment for the future of such provisiohe parties and the heirs, legal representatives, successors and permitted assigns of the Parties. 9. Miscellaneous.
9.1 No Waiver. The failure of either party to insist in any instance upon the stric governed by and construed in accordance with the laws of the State of Michigan. 8. Parties Bound.
8.1 Binding Effect. The covenants and conditions contained in the Sublease shall apply to and bind tt of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited. 7.3 Governing Law. This Sublease shall benforceable to the fullest extent permitted by law. If any provision of this Sublease is
Initials Sublessor________ Subtenant __________
Sublease
Page - 4
deemed invalid or unenforceable by any couror provisions to persons or circumstances other than those as to whom or which it is held invalid or unenforceable shall not be affected thereby, and every provision of this lease shall be valid and e or the application thereof to any person or circumstances, shall, to any extent, be held invalid or unenforceable for any reason, the remainder of this Sublease, or the application of such provision will avoid actions or inactions that would constitute a breach or default of Sublessor's obligations in the Master Lease. 7.2 Construction and Severability. If any of the provisions of this Sublease, Sublease as Exhibit A. Subtenant agrees that all of the terms and conditions of the Master Lease are hereby incorporated into this Sublease, and that Subtenant will comply with the terms therein, andOther Representations, Construction; Governing Law; Consents.
7.1 Obligations Under Master Lease. Subtenant acknowledges the receipt of a copy of the Master Lease, a copy of which is attached to thisSublease, Subtenant shall peaceably surrender the Premises to Sublessor or Sublessor's agent in good condition, as it was at the commencement of the Sublease, subject to ordinary wear and tear. 7. No on of the Premises on the first day of the Sublease Term, and Subtenant shall not be obliged to accept possession of the Premises prior to the first day of the Sublease Term. At the expiration of the njoy the Premises, subject nonetheless to the terms and conditions of this Sublease. 6. The Premises: Possession; Treatment; etc.
6.1 Possession and Surrender. Subtenant shall be entitled to possessibtenant paying Rent, and observing and performing all of the terms, covenants and conditions on Subtenant's part to be observed and performed under this Sublease, Subtenant may peaceably and quietly et liable for the balance of the unpaid Rent under the Sublease for the remainder of the Lease Term. 5. Quiet Enjoyment.
5.1 Quiet Enjoyment. Sublessor covenants and agrees with Subtenant that upon Su the Premises are re-let. In the event that after default by Tenant Sublessor is unable to re-sublet the Premises during any remaining term of this Sublease , Sublessor may at his option hold Subtenanr may, at his sole option, hold Subtenant liable for any difference between the Rent payable under this Sublease during the balance of the Sublease Term, and any rent paid by a successive Subtenant if re-sublet the Premises or any part or parts thereof; and/or (iii) Subtenant shall also pay Sublessor liquidated damages for his failure to observe and perform the covenants in this Sublease. Sublessouch re-entry, dispossession or expiration, together with such expenses Sublessor may incur for legal expenses, attorneys' fees, brokerage, and/or putting the Premises in good order; (ii) Sublessor may Financial Remedies. In the event of any default, re-entry, expiration and/or dispossession by summary proceedings or otherwise, (i) the Rent shall become due thereupon and be paid up to the time of snitials Sublessor________ Subtenant __________
Sublease
Page - 3
the Premises. Subtenant hereby waives the service of notice of intention to re-enter or institute legal proceedings to that end. 4.3 Rent, then Sublessor may without notice, as permitted by law, re-enter the Premises either by force or otherwise, dispossess Subtenant by summary proceedings or otherwise, and retake possession of
Ilt and terminate the Sublease. 4.2 Physical Remedies. If the notice provided for in Section 4.1 has been given, and the term shall expire as noted, or if Subtenant shall make default in the payment ofied in seven days, Sublessor may at Sublessor's option: (i) cure such default and add the cost of such cure to Subtenant's financial obligations under this Sublease; or (ii) declare Subtenant in defauying the nature of said default and upon the expiration of said seven (7) days if Subtenant does not cure a default of which he has been notified, or if the default cannot be completely cured or remedlt of this Sublease. Then, in any one or more of such events, subject to any statute, ordinance or law to the contrary, and upon Sublessor serving a written seven (7) days notice upon Subtenant specifer delivery of entire possession of the Premises to Sublessor. 4. Default.
4.1 Event of Default. If Subtenant defaults in fulfilling any of the covenants of this Sublease, Subtenant shall be in defauy and faithfully comply with all of the terms, provisions, covenants and conditions of this Sublease, the Deposit shall be returned to Subtenant after the date fixed as the end of the Sublease and aftpayment of Rent. If Subtenant breaches any terms or conditions of this Sublease, Subtenant shall forfeit the Deposit, as permitted by law. 3.2 Return of Deposit. In the event that Subtenant shall fullany balance. Subtenant shall not apply or deduct any portion of the Deposit from any month's rent, including the last month of the rental term. Subtenant shall not use or apply the Deposit in lieu of e as it incurs as a result of Subtenant's failure to perform any of Subtenant's obligations hereunder. Sublessor is not limited to the Deposit to recoup damage costs, and Subtenant remains liable for s Sublease. Sublessor may (but shall have no obligation to) use the Deposit or any part thereof to cure any breach or default of Subtenant under this Sublease, or to compensate Sublessor for any damagOn execution of this Sublease, Subtenant shall deposit with Sublessor, in trust, a security deposit of $__________ (the "Deposit"), as security for the performance of Subtenant's obligations under thinds. Subtenant agrees to pay the charge of $_______ for each check provided by Subtenant under this Sublease that is returned for lack of sufficient funds. 3. Security Deposit.
3.1 Security Deposit. designated by Subtenant/Landlord [circle one] 2.3 Late Fees. If any amounts due under this Sublease are more than _____ days late, Subtenant agrees to pay a late fee of $________. 2.4 Insufficient FuSublessor/Landlord [circle one] and Subtenant's/Landlord's address [circle one], at _____________ __________________________________________________ [address for rent payment], or at any other address all other sums payable by Subtenant to Sublessor/Landlord [circle one] under this Sublease, shall be payable in lawful money of the
Sublease
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United States of America and shall be paid to If the Sublease Term does not start on the first day of the month or end on the last day of a month, the Rent for the relevant month will be prorated accordingly. 2.2 Manner of Payment. The Rent, andent. Subtenant shall pay to Landlord/Sublessor [circle one] during the Sublease Term as rent for the Premises the amount of $____________ ("Rent") each month in advance on the first day of each month.e condition of the Premises has changed at any time during the Sublease Term, Subtenant shall promptly provide reasonable notice to Sublessor/Landlord [circle one]. 2. Rent Payments; Late Fees.
2.1 Rs inspected the Premises, the fixtures, the grounds, building and improvements and acknowledges that the Premises are in good and acceptable condition and are habitable. If, in Subtenant's opinion, thss sooner terminated pursuant to law or pursuant to any of the terms hereof, shall expire on ___________ [end date] (the "Sublease Term"). 1.3 Inspection of Premises. Subtenant or Subtenant's agent ha______ ___________________________________________ (the "Premises") [complete address of Premises] to Subtenant. 1.2 Sublease Term. This Sublease shall commence on _____________ [start date] and, unle1. Premises; Term of Sublease; etc.
1.1 Leased Premises. Sublessor subleases to Subtenant, and Subtenant rents from Sublessor, the premises located at: _________________________ _____________________r or other qualified person. W I T N E S S E T H: That in consideration of the mutual agreements herein contained, Sublessor and Subtenant hereby agree and covenant to and with each other as follows: greement 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 lawyeto as the "Parties." This Lease creates joint and several liability in the case of multiple Subtenants. NOTICE: Michigan law establishes rights and obligations for parties to rental agreements. This a and ___________________________ ("Landlord") for a term ending on ___________________ ___________________________ (the "Master Lease Agreement"). Sublessor and Subtenant may collectively be referred _____________ ________________________________________ ("Subtenant") on ___________________, 20____[Date]. Sublessor is the "Tenant" in a lease agreement dated __________________, 20___ between Tenantat: http://www.epa.gov.
SUBLEASE AGREEMENT
This Sublease Agreement ("Sublease") is entered by and between ________________________ ________________________________________ ("Sublessor") and _________ In Your Home" can be found at: http://www.epa.gov/opptintr/lead/pyfcameraeng.pdf and at http://www.hud.gov/offices/lead/outreach/leapame.pdf. Additional information can also be found on the EPA site hazards in the dwelling. Subtenants must also receive a federally approved pamphlet on lead poisoning prevention. The Environmental Protection Agency's pamphlet entitled "Protect Your Family From Leadoperly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint entire rental amount if his cosubtenants do not pay their share. Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed prch Subtenant may be held responsible for all of the obligations under the Sublease if the other Subtenants don't perform their obligations. In other words, a Subtenant may be held responsible for the ning the time lines and other requirements for keeping and or returning a security deposit. See http://www.findlegalforms.com/public/RENT/DEPCHRT.doc
If more than one Subtenant signs the sublease, ean. Sublessors should be familiar with the laws of their state. The chart at the link below provides detailed information about the rules relating to security deposits for each state, as well as explaifter the termination the Subtenant's occupancy). In addition, Michigan law states that a security deposit may not exceed 1 and ˝ months' rent, and must be deposited in a regulated financial institutiory in regulating how quickly a Sublessor must return a security deposit to a Subtenant (e.g., Michigan requires that a Sublessor must mail an itemized list of damages to his Subtenant within 30 days a security deposit be held in an interest bearing account and that any accrued interest be given to the tenant at the termination of the lease. Michigan does not have such a requirement. States also varily directed at protecting tenants from dishonest landlords. In addition, states have detailed laws addressing the amount and maintenance of security deposits. For example, some states require that a and receive a copy of the last termination inventory checklist which shows what claims were chargeable to the last prior tenants." Most states have specific laws relating to residential leases, primahould complete this checklist, noting the condition of the rental property, and return it to the sublessor within 7 days after obtaining possession of the rental unit. You are also entitled to requesteturn one copy to the landlord within 7 days of receiving possession of the premises. The checklist must contain the following notice in twelve-point boldface type at the top of the first page: "You stion of occupancy. The Sublessor shall furnish two blank copies of this checklist to the Subtenant at the beginning of the lease, and the tenant shall review, note the condition of the property, and rnvalid; these states require a written agreement. Michigan requires that a Sublessor and Subtenant conduct an inspection of the premises to be rented either both at the commencement and at the terminae Agreement should always be in writing and signed by the Sublessor, the Subtenant(s) and, if required, the Landlord. Many states consider oral agreements regarding the rental of real property to be iconsent before proceeding in your execution of the sublease. Generally, the law does not require your landlord to consent to a sublease, so it is best to handle the situation diplomatically. A Subleashe consent of his landlord to effect the sublease. You should review your original lease to determine whether you are required to obtain this consent from your landlord. If so, be sure to obtain this e original tenant (the "Sublessor") and the new tenant (the "Subtenant"). Depending on the original lease that is, the lease signed between the original tenant and his landlord a tenant may need tm. A tenant may choose to sublease his space for any number of reasons, which may include an extended vacation, a work reassignment or a change in circumstance. A sublease agreement is made between thms.com .
Information
Sublease Agreement
A sublease agreement is an agreement used by a residential tenant to re-rent all or part of his dwelling to another individual for all or part of his lease tersituation. An attorney should be consulted before negotiating any document with another party. The purchase and use of these forms is subject to the "Terms and Conditions" detailed at www.findlegalforstitute for legal advice. These forms should be considered only a starting point, and should not be used or signed before first consulting with an attorney to ensure that they address your particular s are not required by law, a Subtenant may still that they be made, and may negotiate to make them part of his agreement. Laws vary from time to time and from state to state. These forms are not a sub to be included. You should consult with a real estate agent or attorney in your area to determine what additional disclosures, if any, are required in your state or locality. Even if these disclosureisclosures about the condition of the unit, the neighborhood, the environment and any other known problems. Certain cities and municipalities may have additional disclosure requirements that will need is included in this packet. These forms contain the basic terms and language that should be included in similar agreements. The laws in some states require additional written disclosures, including d Information on Lead-Based Paint" for a minimum of three years as proof of compliance with the rules. A copy of the "Disclosure of Information On Lead-Based Paint and/or Lead-Based Paint Hazards" formquires that the Sublessor and Subtenant(s) (and their agents) sign the "Disclosure of Information on Lead-Based Paint." Federal law requires the Sublessor to keep the signed copy of the "Disclosure of not obtain such permission; if it does not, you must have the landlord sign and date the Sublease in the space provided. If the property was built before 1978 (i.e. pre-1978 property), federal law rees) in order to sign the Sublease Agreement. Check the Master Lease Agreement to determine whether it contains a provision waiving the need for a landlord's consent to a Sublease. If it does, you needrecorded, and the requirements of that recording. Unless the Master Lease Agreement states otherwise, the Sublessor may be required to obtain the consent of his landlord (i.e., the owner of the premisrm, some states require that that Sublease be recorded. Recording a Sublease often also requires notarization. The parties should
investigate the circumstances under which a Sublease will need to be T/REGCHART.doc Additional information about your state's security deposit requirement may be found at: http://www.findlegalforms.com/public/RENT/DEPCHRT.doc If a Sublease contemplates a long rental tepancy of the premises. For information about specific state laws governing Landlord and Tenant relationships in your state, please click on the following link: http://www.findlegalforms.com/public/RENhe Master Lease Agreement. Michigan law requires that the Landlord and Tenant(s) conduct an inspection of the premises to be rented, at both the commencement and the termination of the Tenant(s)' occuigned Sublease. Therefore, if there is one Sublessor and two Subtenants, three original Subleases must be executed (i.e., signed and dated). The Sublessor should provide the Subtenant with a copy of t the new tenant) must sign the Sublease. If there is more than one adult Subtenant, each Subtenant should sign the Sublease. Generally the Sublessor and the Subtenant(s) will each retain an original se Sublease; (4) Inspection Checklist; (5) Lead Paint Disclosure; and (6) Exhibit A: Notice of Address Requirement The Sublessor (i.e., the original tenant) must sign the Sublease. The Subtenant (i.e.,Instructions & Checklist
Sublease Agreement
This packet includes the following items: (1) Instructions and Checklist for Sublease Agreement (the "Sublease"); (2) Information about the Sublease; (3) Th Michigan
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