LEASE AGREEMENT FOR st St.

Transcription

1 LEASE AGREEMENT FOR st St. I. Any change from the printed form should be initialed by both Landlord and Tenant. II. Both Landlord and Tenant should keep a copy of the lease. Landlord and Tenant agree as follows: 1. PARTIES: This lease is between CV Investment Properties LLC, a Michigan limited liability company with its principal place of business at 800 E. Ellis Rd, Norton Shores, MI 49441, (Landlord) and (Tenant). 2. DESCRIPTION OF PREMISES AND TERM: In exchange for the rent and other promises of Tenant expressed in this lease, Landlord agrees to rent to Tenant the premises known as st St, Spring Lake, MI 49456, together with parking space(s), for a term beginning on, and ending on, unless terminated sooner in accordance with this lease. 3. RENTAL RATE: Tenant agrees to pay to Landlord a total of: MONTH TO MONTH, $ per month beginning on the day of each month. Rental payments and all written notices to Landlord required by this lease will be mailed or delivered to Landlord at 800 E. Ellis Rd, Norton Shores, MI 49441, unless Landlord notifies tenant that its office has moved. 4. USE AND OCCUPANCY: Tenant agrees that the premises will be used only for residential purposes. The maximum number of people who may occupy the premises at the above rental rate is persons. Tenant agrees to use the premises in accordance with all applicable regulations imposed by any governmental authority; to observe all reasonable regulations and requirements of any insurance company concerning the use and condition of the premises; to not permit any rubbish, waste, inflammable liquids, or explosives to be stored on the premises; and to not interfere with the lawful use of the building by Landlord or other residents. Tenant agrees to return the premises and any furnishings to Landlord at the expiration of this lease in the same condition as when taken, reasonable wear and tear excepted. 5. RENTAL APPLICATION: The rental application submitted to Landlord by Tenant is incorporated into and made a part of this lease. Tenant represents that the information in the application is true and accurate and acknowledges that Landlord has relied on that information in leasing the premises to Tenant, any false statements made in a Application For Tenancy given to Landlord by Tenant shall give the Landlord the right to terminate the Lease at once according to applicable provisions of state and federal law. 6. DELAY OF POSSESSION: If Tenant is unable to occupy the premises at the time promised by reason of the holding over of the previous occupant or as a result of any cause beyond the control of Landlord, Landlord will not be liable to Tenant. During the period Tenant is unable to occupy the premises, rent will not be due. If Landlord is unable to deliver possession within 10 days, Landlord will offer a comparable unit to Tenant for the duration of the lease if such a unit is available. Tenant may, within 20 days of the date the lease was to commence, terminate this lease by written notice to Landlord. The comparable unit will be offered at the rental rate then in effect for that unit. If Tenant does not deliver

2 written acceptance of the comparable unit to Landlord within 7 days after it is offered, either party may terminate this lease by written notice. 7. MAINTENANCE. All care and maintenance of the Premises, including snow removal, shall be the responsibility of Tenant at their expense and Tenant shall keep the Premises and every part thereof in good condition and repair throughout the term of this Lease; provided, however, Landlord shall assume primary responsibility for the maintenance of exterior roof, walls, plumbing, electrical, mechanical heating equipment, and lawn care. Tenant shall refrain from driving or placing nails or screws in the walls, ceilings, woodwork, or floors of the Premises and from making any change or alteration in the Premises, including painting, wires or signs without the prior written consent of Landlord. Tenant shall return the Premises to the Landlord upon the termination of this Lease in as good a condition as when rented hereunder, ordinary wear and tear and damage by the elements excepted. 8. EARLY PAYMENT DISCOUNT: Tenant shall receive a discount in the amount of $30.00 for each month that payment is received on or before the of the month. Tenant shall forfeit the discount if full amount due is not received at 800 E. Ellis Rd, Norton Shores, MI on or before the due date. 9. DISHONORED CHECKS: If Tenant makes a payment due under this lease with a check that is dishonored by the bank, Tenant will pay a $35.00 dishonored check fee, payable with the next rental payment due after Tenant receives Landlord's written demand for such fee. Dishonored check fees will be deemed additional rent. 10. UTILITIES: Landlord will furnish water. It is Tenant's responsibility to obtain and pay for all other utilities including but not limited to Electric, Gas, Garbage, Cable TV, Telephone, etc. Additionally, Tenant warrants that it will use due diligence to avoid wasting utilities provided by the landlord. In the event the costs of utilities increase, Landlord reserves the right to proportionally increase Tenant s rent to cover said costs by giving 30 days written notice. 11. FURNISHINGS: The premises are rented as unfurnished. The term unfurnished means that Landlord will provide a stove and refrigerator, unless otherwise specified here and that Tenant will provide all other furnishings. 12. PETS: Pets are not allowed. Tenant agrees to pay double damages for all damages caused by pets or the keeping of pets. 13. NO SMOKING. No smoking shall be allowed in any structure. Tenant is responsible for maintaining cleanliness if smoking outside the structure. 14. SECURITY DEPOSIT: Tenant agrees to pay Landlord the sum of $ (not to exceed the equivalent of 1 1 /2 months rent) as a security deposit, on or before. Landlord is not obligated to apply this deposit to rent or other charges in arrears. Landlord may use this deposit for (1) actual damages that are the result of conduct not reasonably expected in the normal course of living in the dwelling, (2) past due rent and rent due for premature termination of this lease, and (3) utility bills that are the responsibility of 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: 5 th /3 rd Bank, located at, and said account will be titled CV Investment Properties, LLC.

3 You must notify your landlord in writing within 7 days after you move of a forwarding address where you can be reached and where you will receive mail; otherwise your landlord will be relieved of sending you an itemized list of damages and the penalties adherent to that failure. STATE OF MICHIGAN TRUTH IN RENTING 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. 15. KEYS: Tenant will be provided with keys. On termination of this lease, Tenant will return all keys to the premises in the condition in which they were received to Landlord. Tenant will not alter or install a new lock on any door to the premises without Landlord's written consent. 16. JOINT AND SEVERAL OBLIGATION: Each Tenant is jointly and severally (individually) liable for all obligations of this lease. If one Tenant fails to pay rent, one Tenant or any number of other Tenants may be held liable for that unpaid obligation. The defaulting Tenant may remain liable to the other Tenants for that unpaid obligation. 17. DAMAGE TO TENANT'S PROPERTY: Neither Landlord nor Landlord s agents shall be responsible for the theft of any personal property of Tenant, their guests or invitees; or for damage, loss, or destruction of personal property of Tenant or of Tenant s guests or invitees because of fire, water, rain, storm, explosion, sonic boom, acts of God, acts or omissions of third parties, interruption, failure or malfunction of any utility or appliance, any condition on in or about the Premises, or any causes whatsoever unless caused by the negligent acts of Landlord or Landlord s agents. TENANT WILL PROCURE AND MAINTAIN, AT THEIR OWN EXPENSE, RENTER S INSURANCE COVERING TENANT S PERSONAL PROPERTY. Each party releases the other party from other liability for loss, damage or injury caused by fire or other casualty for which insurance is carried by the insured party to the extent of any recovery by the insure party under such insurance policy. 18. QUIET ENJOYMENT: Tenant will be entitled to the quiet enjoyment of the premises during the term of this lease, as long as Tenant complies with the terms of this lease. 19. ENTRY: Landlord will respect Tenant's right to privacy. Landlord and Landlord's agents have the right to enter the premises to make repairs or to show the premises to prospective tenants at reasonable times, provided a good-faith effort is made to notify Tenant and arrange for a mutually convenient time for Landlord's entry. Landlord agrees to enter only after knocking, to leave the premises in as good a condition as when entered, to clean and remove dirt and debris that result from showing the premises or performing maintenance and repairs, and to lock the premises when leaving. 20. HOLDING OVER: If Tenant holds over after the term of this lease expires and Landlord does not object, the tenancy will be from month to month from then on, in the absence of a written agreement to the contrary. 21. 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 days' written notice to Tenant.

4 b. If Tenant breaches any other provision of this lease, Landlord may terminate the lease by providing one month's written notice to the Tenant. c. At the expiration of the applicable notice period, this lease will terminate and Landlord will be entitled to possession of the premises and will have the right to institute summary proceedings to evict Tenant, in accordance with applicable law. d. If Landlord reenters the premises and terminates the tenancy of Tenant pursuant to this section, Tenant's duty to pay rent will continue, subject to Landlord's duty to mitigate damages. e. The Landlord shall be entitled to his lawful costs, expenses and statutory fees, including attorneys' fees, if any, if this Lease is breached and the Landlord is awarded the same in a court proceeding. 22. CASUALTY: In the event of damage to the Premises through fire or act of God, Landlord shall repair the damage with reasonable promptness; or, if the Premises are deemed by the Landlord to be damaged so as to be unfit for occupancy, or if the Landlord decides not to repair the Premises, then this Lease shall be terminated and all rent prorated on a daily basis. Tenant shall have no interest in any insurance proceeds received by Landlord on account of such fire or act of God. 23. APPLICATION OF MONIES RECEIVED: Money received by Landlord from Tenant or on Tenant s behalf shall be applied to Tenant s account as follows: first to satisfy unpaid late fees, dishonored check fees, and to other fees owed by Tenants; second to maintenance and repair costs chargeable to Tenant; third to legal fees and court costs legally chargeable to Tenant, including costs incurred prior to curing default; fourth to outstanding utility bills that are the responsibility of Tenant; fifth to deposits or portions thereof due from Tenant; sixth to rent. Restrictive endorsements on a check or statements in any communication, including those accompanying a payment, shall not constitute an accord and satisfaction or amend this provision. 24. SUBLETTING AND ASSIGNMENT: Tenant will not sublet or assign the premises without the prior written consent of Landlord. Consent will not be unreasonably withheld. Subletting by less than all of the Tenants requires the written consent of the other Tenants as well as Landlord. A sublet or assignment agreement approved by Landlord does not terminate Tenant's responsibility for payment due under this lease. 25. TERMINATION. Notice to terminate this Lease at the end of its term or at the end of any month thereafter, shall be effective if given by either party to the other in writing at least Thirty (30) days in advance of the date of termination. 26. TERMINATION DUE TO AGE OR INCAPACITY: If Tenant has occupied the premises for more than 13 months, Tenant may terminate this lease by giving a 60-day written notice to Landlord if during the lease term Tenant shows Landlord written proof of eligibility for subsidized senior citizen housing or Tenant becomes incapable of living independently, as certified by a physician in a notarized statement. 27. WAIVER OF SUBROGATION: Each party releases the other party from any liability for loss, damage, or injury caused by fire or other casualty for which insurance is carried by the insured party to the extent of any recovery by the insured party under such insurance policy. 28. SEVERABILITY: If a clause of this lease is found by a court to be invalid, that finding will not invalidate any other clause or provision of this lease.

5 29. LEAD-BASED PAINT INSPECTION: Federal regulations require that Landlord provide Tenant with an EPA-approved lead hazard information pamphlet and make certain disclosures to Tenant concerning presence of known lead-based paint and lead-based paint hazards. Tenant acknowledges receipt of the lead-based paint and lead-based paint hazard disclosure form attached to this lease as Exhibit A. 30. VENUE AND ATTORNEY FEES: In the event there is a dispute between the parties, the parties stipulate that said disputes will be brought in the 60 th District Court for Muskegon County. Additionally, Landlord shall be entitled to all reasonable costs, expenses, and attorney fees, to enforce any provision of this lease agreement. The parties enter the above agreement on this day of, 20. Landlord: CV Investment Properties, LLC Tenant: By Scott Vennema Its President By:

6 Exhibit A Disclosure of Information on Lead-Based Paint and/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 if not taken care of properly. 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. Lessor's Disclosure (initial) (a) Presence of lead-based paint or lead-based paint hazards (check one below): Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). Lessor 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 one below): Lessor has provided the lessee with all available records and reports pertaining to leadbased paint and/or lead-based paint hazards in the housing (list documents below). Lessor 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 listed above. (d)lessee has received the pamphlet Protect Your Family From Lead in Your Home.

7 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. Lessor Lessor Lessee Lessee Agent Agent