RESIDENTIAL LEASE AGREEMENT
(State of Michigan)
[// GUIDANCE: This template is court-ready but still requires attorney customization for the specific transaction. Replace all bracketed placeholders, delete in-line guidance comments, and confirm statutory compliance before execution.]
Table of Contents
- Document Header
- Definitions
- Lease Grant & Term
- Rent, Security Deposit & Other Charges
- Possession & Habitability Standards
- Tenant Covenants & Use Restrictions
- Landlord Covenants
- Maintenance, Repairs & Alterations
- Insurance; Risk Allocation & Indemnification
- Default; Notice & Cure; Remedies
- Casualty, Condemnation & Force Majeure
- Assignment & Subletting
- Dispute Resolution, Governing Law & Forum
- General Provisions
- Execution Block
- Exhibits & Schedules
1. DOCUMENT HEADER
This Residential Lease Agreement (the “Lease”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”), by and between:
• [LANDLORD LEGAL NAME], a [ENTITY TYPE] having an address at [LANDLORD ADDRESS] (“Landlord”), and
• [TENANT LEGAL NAME], [INDIVIDUAL / ENTITY] residing at [TENANT ADDRESS] (“Tenant”).
Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises described below, upon the terms and conditions set forth herein, for adequate and lawful consideration, the sufficiency of which is acknowledged.
2. DEFINITIONS
The following capitalized terms shall have the meanings set forth below and shall apply equally to singular and plural forms. Undefined capitalized terms have the meanings assigned elsewhere in this Lease.
“Additional Rent” – All monetary obligations of Tenant other than Base Rent, including late fees, utilities, charges for repairs, indemnity obligations, and any sums owing under Section 10.
“Base Rent” – The monthly rent payable pursuant to Section 4.01.
“Building” – The structure(s) located on the Property containing the Premises.
“Commencement Date” – The date specified in Section 3.01 when the Term begins.
“Lease Year” – Each consecutive twelve-month period beginning on the Commencement Date.
“Premises” – The residential dwelling located at [STREET ADDRESS, CITY, MI ZIP] together with the appurtenant areas granted for Tenant’s exclusive use (e.g., garage, storage), as more fully described in Exhibit A.
“Property” – The land, Building, and common areas owned or controlled by Landlord of which the Premises form a part.
“Security Deposit” – The amount set forth in Section 4.03, held pursuant to applicable Michigan law.
“Term” – The period of Tenant’s lawful occupancy as defined in Section 3.01.
[// GUIDANCE: Add additional defined terms as required (e.g., “HOA Rules,” “Utilities”). Maintain alphabetical order.]
3. OPERATIVE PROVISIONS
3.01 Lease Grant; Term
(a) Landlord leases the Premises to Tenant for a term commencing on the Commencement Date and ending at 11:59 p.m. on [EXPIRATION DATE], unless sooner terminated in accordance with this Lease (“Term”).
(b) If Tenant lawfully occupies the Premises prior to the Commencement Date with Landlord’s consent, all provisions of this Lease (except for Base Rent, prorated if applicable) shall apply.
3.02 Holdover
If Tenant retains possession after expiration or termination without Landlord’s written consent, Tenant shall be deemed a tenant at sufferance and shall pay a holdover charge equal to 150% of the last monthly Base Rent, plus all Actual Damages suffered by Landlord. Acceptance of holdover rent shall not create a month-to-month tenancy or waive Landlord’s right to evict.
4. RENT, SECURITY DEPOSIT & OTHER CHARGES
4.01 Base Rent
Tenant shall pay to Landlord, in lawful U.S. currency, Base Rent of $[AMOUNT] per month, due on or before the first (1st) day of each calendar month, without demand, offset, or counterclaim, at [PAYMENT ADDRESS] or via [ELECTRONIC METHOD].
4.02 Late Fees & Returned Checks
(a) Any payment not received by the fifth (5th) calendar day after due shall incur a late fee of $[LATE FEE] or [__]% of the overdue amount, whichever is greater.
(b) Returned checks shall accrue a charge of $[NSF FEE] per occurrence, plus statutory bank fees.
4.03 Security Deposit
(a) Amount; Cap. Tenant shall deposit with Landlord the sum of $[SECURITY DEPOSIT] (“Security Deposit”), which shall not exceed one and one-half (1.5) times the monthly Base Rent, consistent with Michigan’s security deposit limitations.
(b) Separate Account; Notice. Landlord shall hold the Security Deposit in a financial institution and provide Tenant the required written notice of the name and address of that institution within fourteen (14) days of receipt.
(c) Permitted Uses. Landlord may apply the Security Deposit to unpaid rent, damages beyond ordinary wear and tear, late fees, and other losses after Tenant vacates.
(d) Return; Accounting. Within thirty (30) days after Tenant vacates and provides a forwarding address in writing, Landlord shall return the unutilized portion of the Security Deposit together with an itemized list of any deductions and copies of paid receipts. Tenant must respond within seven (7) days of receipt of the itemization to preserve its rights.
[// GUIDANCE: Attach Michigan-compliant “NOTICE OF DEPOSIT” and “INVENTORY CHECKLIST” forms as Exhibits B and C.]
4.04 Additional Rent
All charges owed by Tenant other than Base Rent shall be deemed “Additional Rent” and shall be payable within ten (10) days of Landlord’s invoice. Failure to pay Additional Rent constitutes a monetary default.
5. POSSESSION & HABITABILITY STANDARDS
5.01 Delivery. Landlord shall deliver the Premises on the Commencement Date in a safe, clean, and habitable condition, compliant with all applicable building, housing, health, and safety codes.
5.02 Quiet Enjoyment. So long as Tenant timely performs its obligations, Tenant shall peaceably and quietly hold and enjoy the Premises without interference from Landlord or any party claiming through Landlord, subject to the terms herein.
5.03 Habitability. Landlord covenants to maintain the Premises in habitability-compliant condition, including but not limited to adequate heat, water, and structural integrity. Tenant shall promptly notify Landlord in writing of any condition that may violate habitability standards.
6. TENANT COVENANTS & USE RESTRICTIONS
6.01 Permitted Use. Residential occupancy by no more than [MAX OCCUPANTS] individuals. No commercial, unlawful, or nuisance activity is permitted.
6.02 Compliance. Tenant shall comply with all laws, HOA or community rules, and any reasonable Landlord regulations delivered in writing.
6.03 Prohibited Activities. Without limitation, Tenant shall not:
(a) Keep hazardous materials (other than household items in customary quantities);
(b) Engage in harassment, domestic violence, or criminal activity;
(c) Alter locks, fixtures, or structural elements without Landlord consent.
6.04 Pets. [SELECT ONE: (a) No pets allowed. OR (b) Pets permitted subject to Pet Addendum and non-refundable fee of $[AMOUNT].]
6.05 Smoking. [__] Smoking [prohibited / permitted only in designated outdoor areas].
7. LANDLORD COVENANTS
7.01 Services. Landlord shall supply and pay for [LIST — e.g., water, sewer, trash] unless otherwise indicated on Exhibit D (Utilities Chart).
7.02 Access. Upon at least twenty-four (24) hours’ prior notice (except emergencies), Landlord may enter the Premises to inspect, repair, show to prospective purchasers or tenants, or as otherwise permitted by law.
7.03 Duty to Repair. Landlord shall make repairs reasonably necessary to keep the Premises in compliance with Section 5.03, exclusive of any damage caused by Tenant, occupants, or guests.
8. MAINTENANCE, REPAIRS & ALTERATIONS
8.01 Tenant Obligations. Tenant shall:
(a) Keep the Premises clean and sanitary;
(b) Promptly notify Landlord in writing of needed repairs;
(c) Be responsible for the cost of repairs attributable to Tenant’s misuse, waste, or neglect.
8.02 Alterations. Tenant shall not make alterations or improvements without Landlord’s prior written consent. Approved alterations shall become Landlord’s property unless otherwise agreed.
8.03 Appliances & Equipment. Tenant shall operate all appliances in a safe manner and in compliance with manufacturer instructions.
9. INSURANCE; RISK ALLOCATION & INDEMNIFICATION
9.01 Tenant Insurance. Tenant shall obtain and maintain renter’s insurance with minimum liability coverage of $[COVERAGE AMOUNT] per occurrence, naming Landlord as an additional insured.
9.02 Landlord Insurance. Landlord shall maintain property insurance on the Building.
9.03 Tenant Indemnity. To the fullest extent allowed by Michigan law, Tenant shall indemnify, defend, and hold harmless Landlord, its agents and employees, from and against any and all claims, liabilities, damages, and expenses (including reasonable attorney fees) arising from:
(a) Tenant’s use or occupancy of the Premises;
(b) Any act or omission of Tenant, occupants, or guests;
(c) Violation of law or this Lease by Tenant.
9.04 Limitation of Liability. Landlord’s cumulative liability to Tenant for breach of this Lease shall not exceed the amount of the Security Deposit actually held by Landlord at the time the claim arises; provided, this limitation shall not apply to personal injury or property damage caused by Landlord’s gross negligence or willful misconduct.
10. DEFAULT; NOTICE & CURE; REMEDIES
10.01 Events of Default. Each of the following constitutes a “Default”:
(a) Failure to pay Base Rent or Additional Rent when due, which continues for seven (7) days after written demand (statutory non-payment notice period);
(b) Material breach of any covenant not involving rent, continuing for fourteen (14) days after written notice;
(c) Illegal use, waste, or nuisance, subject to immediate termination under Michigan summary proceedings statutes;
(d) Bankruptcy, insolvency, or assignment for benefit of creditors by Tenant.
10.02 Remedies. Upon Default, Landlord may pursue one or more of the following, subject to Michigan summary eviction procedures:
(a) Terminate this Lease and regain possession;
(b) Accelerate all unpaid rent due for the remainder of the Term;
(c) Recover Actual Damages, including reasonable attorney fees;
(d) Seek injunctive relief or specific performance, including eviction and re-entry.
10.03 Mitigation. Landlord shall make commercially reasonable efforts to re-let the Premises following Tenant’s abandonment or eviction, with Tenant remaining liable for deficiency.
11. CASUALTY, CONDEMNATION & FORCE MAJEURE
11.01 Casualty. If the Premises are rendered uninhabitable by fire or other casualty not caused by Tenant, either party may terminate this Lease upon written notice; rent shall abate from the date of casualty.
11.02 Condemnation. If a governmental authority condemns all or a substantial part of the Premises, this Lease shall terminate as of the date possession is taken. Tenant shall have no claim to condemnation awards.
11.03 Force Majeure. Neither party shall be liable for delay or inability to perform caused by events beyond its reasonable control (excluding financial incapacity), provided the affected party promptly notifies the other and resumes performance as soon as practicable.
12. ASSIGNMENT & SUBLETTING
Tenant shall not assign this Lease or sublet the Premises or any portion thereof without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Any assignment or sublease without consent is void and constitutes a Default.
13. DISPUTE RESOLUTION, GOVERNING LAW & FORUM
13.01 Governing Law. This Lease shall be governed by, and construed in accordance with, the laws of the State of Michigan, without regard to its choice-of-law rules.
13.02 Forum Selection. The parties consent to exclusive jurisdiction and venue in the [COUNTY NAME] District Housing Court (or such successor court of competent jurisdiction).
13.03 Arbitration. The parties expressly exclude arbitration; all disputes shall be resolved in the designated court.
13.04 Jury Trial. Each party reserves its constitutional right to a trial by jury and does not waive that right under this Lease.
13.05 Injunctive Relief. Nothing herein shall limit Landlord’s right to seek injunctive or equitable relief (including eviction) for Tenant’s violations of this Lease or applicable law.
14. GENERAL PROVISIONS
14.01 Amendments & Waivers. No amendment or waiver of any provision shall be effective unless in writing signed by both parties. Waiver of any breach shall not be deemed waiver of any subsequent breach.
14.02 Severability. If any provision is held unenforceable, the remainder shall be enforced to the maximum extent permissible, and the invalid provision reformed to reflect the parties’ intent.
14.03 Entire Agreement. This Lease, together with all Exhibits and Schedules, constitutes the entire agreement and supersedes all prior discussions and writings.
14.04 Counterparts; Electronic Signatures. This Lease may be executed in counterparts, each of which is an original and all of which constitute one instrument. Signatures transmitted electronically (e.g., via DocuSign or PDF) shall be deemed originals.
14.05 Successors & Assigns. Subject to Section 12, this Lease binds and benefits the parties and their respective successors and permitted assigns.
14.06 Notice. All notices under this Lease shall be in writing and deemed given when delivered personally, sent by certified mail (return receipt requested), or by nationally recognized overnight courier, to the addresses set forth in the header (or such other address designated in writing).
15. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date.
LANDLORD:
[LANDLORD LEGAL NAME]
By: ______
Name: [PRINT]
Title: [IF APPLICABLE]
Date: _______
TENANT:
[TENANT LEGAL NAME]
Signature: _____
Date: _______
[// GUIDANCE: Michigan law does not require notarization of residential leases under one year. For terms exceeding one year, consult counsel regarding recording and acknowledgment requirements.]
16. EXHIBITS & SCHEDULES
Exhibit A – Legal Description / Diagram of Premises
Exhibit B – Security Deposit Receipt & Notice of Banking Institution
Exhibit C – Inventory & Condition Checklist
Exhibit D – Utilities Responsibility Chart
Exhibit E – Pet Addendum (if applicable)
Exhibit F – Lead-Based Paint Disclosure (for buildings pre-1978)
[// GUIDANCE: Attach all statutorily required disclosures, including but not limited to Lead-Based Paint, Truth-in-Renting Act disclosures, and Move-In Checklist. Verify that the Security Deposit Notice is delivered within 14 days of receipt of the deposit and that the Checklist is provided at move-in.]
END OF DOCUMENT