830 HENRY – LEASE TERMS & CONDITIONS
- Controlling Documents. These Lease Terms & Conditions govern and are a part of the lease agreement between Prentice Partners of Ann Arbor LLC, the Lessor of 830 Henry (“Landlord”), and the Tenant designated on the Summary Lease Terms. The Lease Agreement consists of these Lease Terms & Conditions, the Summary Lease Terms, the and the Tenant Rules & Regulations. Each of these documents are incorporated into and constitute the entire Lease Agreement.
- Premises. Landlord rents to Tenant the co-housing unit specified in the Summary Lease Terms. Unless the Summary Lease Terms specifies that Tenant is leasing the executive residence, the unit consists of a single private room, with private bathroom, and shared living and kitchen space. Landlord reserves the right to reassign Tenant to another unit within the co-housing complex during the term of the lease. The unit is to be used only as a private residence for the named Tenant. Occupancy by guests for more than two nights is prohibited without Landlord’s written consent and is a breach of this Agreement.
- Payment of Rent.
- Regular Rent. Tenant shall pay the monthly rent specified in the Summary Lease Terms to Landlord in advance on the first day of each month, except when that day falls on a weekend or legal holiday, in which case rent is due on the next business day. Rental payments and any other fees or charges due Landlord shall be made through Landlord’s Resident Portal. Payments shall be set up as automatic on the first day of each month, made by credit card, debit card or ACH direct debit.
- First and last months’ rent. Prior to occupancy, Tenant shall pay Landlord the First Month Rent, as specified in the Summary Lease Terms and last month rent.
- Late Payment and Charges. If Tenant fails to pay the rent in full before the end of the fifth day after it is due, Tenant will pay Landlord a late charge of $______________, plus $______________ OR ________ % of monthly rent amount, for each additional day that the rent remains unpaid. The total late charge for any one Rental Period will not exceed $________________. Landlord does not waive the right to insist on payment of the rent in full on the date it is due. Failure of Tenant to pay rent on the day it is due on two or more occasions during any previous six month period is a breach of this Agreement and grounds for termination of the tenancy.
- Additional Rent. If the Tenant fails to perform any obligation of this Agreement which results in a monetary expenditure by the Landlord, such amounts will be deemed additional rent which is immediately due and payable OR all payments made to Landlord will be applied to amounts owed for these expenditures in the following order: 1st-late fees; 2nd-utilities; 3rd-damages; 4th-pass due rent; 5th-current rent due.
- Security Deposit. Prior to occupancy, Tenant agrees to pay a security deposit in the amount specified in the Summary Lease Terms which will be refunded after termination of tenancy in the manner prescribed in the Landlord-Tenant Relationship Act of the State of Michigan, and upon satisfaction of the terms and conditions of this Agreement. Tenant may not, without Landlord’s prior written consent, apply this security deposit to the last month’s rent or to any other amount owed or due under this Agreement.
- Cleaning Fee. Tenant agrees to pay a non-refundable cleaning fee as specified in the Summary Lease Terms.
- Renewal, Holdover and Modification of Lease Agreement. Tenant’s right to renew the Lease Agreement, if any, is as specified in the Summary Lease Terms, and must be exercised by giving Landlord written notice no later than 30 days prior to the end of the current lease term. Should Tenant hold over beyond the specified lease term without exercising the right to renew (if any) or without entering into another Lease Agreement with Landlord, Tenant shall be obligated to pay the Holdover Rent specified in the Summary Lease Terms, without proration for partial month occupied. Tenant agrees that any changes or modification of this Agreement must be written and signed by Landlord. Under no circumstances are oral agreements binding.
- Included Utilities and Amenities. Landlord shall supply Tenant at no extra charge the following utility services and amenities:
- Building Unit:
- Utilities, including municipal water and sewer, electricity, gas, including heating and air conditioning;
- Internet, including wireless modem;
- Common (building complex):
- Access to ride-share vehicles (use is at Tenant’s cost and subject to restrictions of ride-share provider);
- 2500 SQ FT of co-working space (that can be partitioned);
- Fiber drop and podcast and video production studio
Various amenities are shared among other co-housing tenants, and Landlord makes no guaranty of availability.
- Other Cost. Tenant agrees to be responsible for and/or pay the cost of:
- Excessive Utility Usage. Tenant agrees to reimburse Landlord for utility usage, including unreported water leaks, that exceeds the monthly average use during the preceding twelve month period. Except for costs attributable to Tenant’s private unit, such charges shall be shared equally among the other tenants in Tenant’s building unit.
- Inventory Checklist. Tenant hereby acknowledges receiving an inventory checklist that must be returned to the Landlord within seven (7) days of obtaining possession of the Premises or the Premises will be considered free of defects. Items found torn, burned, stained, inoperative, or damaged in any way must be reported on the inventory checklist.
- Habitability. Tenant has checked the Premises thoroughly and agrees the unit is entirely habitable as to health and safety; however, if any deficiency is found, Tenant shall send the Landlord written notice within forty-eight (48) hours of move-in date, notifying Landlord of details.
- Locks and Landlord Access. Tenant’s private living space has its own lock. Tenant will not, without Landlord’s prior written consent, alter, re-key or install any locks to the Premises or install or alter any burglar alarm system. If consent is given, Tenant will provide Landlord with a key or keys capable of unlocking all such re-keyed or new locks as well as instructions on how to disarm any altered or new burglar alarm system. All keys must be returned upon vacating the Premises. $25 will be charged for each lost or missing key.
- Subleasing, Sharing, Assignment and Guest at Premises. No subleasing, sharing of Premises, or assignment of the Lease Agreement is permitted.
- Parking. There shall be no parking on housing complex property other than Tenant's personal vehicle and then only with Landlord’s written authorization and at such locations as specified by Landlord. No commercial vehicles, boats, or trailers shall be parked on Premises. Repair or maintenance of vehicles is not allowed on the property.
- Personal Injury/Liability/Indemnification/Damage to Tenant’s Personal Property. Landlord shall not be liable for any damage or injury occurring on or about the Premises to Tenant, Tenant’s family members, guests or invitees, except in the case of Landlord’s nonperformance or negligent performance of a duty imposed by law. Tenant hereby agrees to protect, indemnify and hold Landlord harmless from and against any and all losses, costs, expense, damage or liability arising out of any accident or other occurrence on the Premises or any part thereof, or in any common area, causing injury to any person or property whomsoever or whatsoever, no matter how caused, except in the case of Landlord’s nonperformance or negligent performance of a duty imposed by law. Landlord is not responsible for damage to Tenant’s personal property resulting from fire, storm, rain, flood, power outage, appliance failure, theft, vandalism, damage caused by co-tenants or their guests, leaking fixtures, acts of God, etc. Tenant accepts responsibility for insuring their personal property. Landlord highly recommends the Tenant obtain renter’s insurance.
- Pets. No animals or pets shall be brought on the Premises.
- Tenant’s Maintenance Responsibilities. Tenant shall keep the Premises, including furniture and all fixtures, in a clean, sanitary and orderly condition with special attention to the stove and refrigerator, and leave the unit in the same condition as when taken except for normal wear and tear. Landlord will not pay for cleaning or any work of this kind contracted by the Tenant, unless expressly authorized in writing. Tenant’s responsibility for shared space within the building unit is joint and several with those tenants sharing the space.
- Renovations and Remodeling. Tenant agrees not to make any repairs or alterations to the Premises, including repainting, remodeling, driving nails in woodwork or walls, using any adhesive items on walls, without written consent of the Landlord. The Landlord will not pay for remodeling, decorating, or any work of this kind contracted by the Tenant, unless authorized in writing prior to the beginning of any renovation or remodeling. The Tenant further agrees not to remove any furnishings, fixtures, or appliances without written consent of the Landlord.
- Items Not Allowed. Tenant may not place any of the following in or on the Premises without written authorization from Landlord: any illegal goods or materials of any nature; b) any kegs of any size containing any alcoholic beverage; c) any drug-related paraphernalia including, but not limited to bongs, water pipes/hookahs or roach clips; d) any dangerous, hazardous or highly flammable materials including, but not limited to, weapons, firearms, BB guns, explosives, hazardous chemicals, propane tanks.
- Repairs. Tenant shall promptly notify Landlord of any damage to the premises or the need for any repairs. Landlord shall arrange for all repairs. Tenant shall reimburse Landlord for damages to the Premises during the tenancy. Tenant shall immediately pay for any costs incurred and/or damages resulting from overflowing, and/or clogging of waste pipes, garbage disposal, toilets, sinks, or lavatory caused by Tenant or guest. Tenant accepts responsibility to mitigate damage to property from any and all causes.
- Landlord’s Rights Concerning Entry. Landlord reserves the right to repair, show unit, or inspect the Premises for cleanliness or damage upon twenty-four (24) hour notice. In the event of emergencies, the Landlord may enter without notice.
- Disposal of Garbage, Debris, and Junk. Tenant agrees to regularly dispose of all garbage, debris, or junk during occupancy and upon vacating the Premises as prescribed by the laws of the State of Michigan and the ordinances of the locality in which the Premises is located.
- Use of Premises. Except as specifically allowed under the Tenant Rules & Regulations, Tenant agrees to use the Premises for residential purposes only and not for business, illegal, or hazardous purposes. Tenant may be evicted upon a seven (7) day Notice to Quit if the Tenant, member of Tenant's household, or other person under the Tenant's control, has manufactured, delivered, possessed with intent to deliver or possessed a controlled substance as defined by Michigan Public Act 368 of 1978, on the Premises. Tenant shall not permit a use of the Premises that generates an unusual amount of traffic.
- Disturbances and Quiet Enjoyment of Others. Tenant agrees to be responsible for his or her conduct and that of any guests. The engagement, by anyone occupying or on the premises, in any activity, including the playing of instruments, electronic devices, or mechanical devices, that in any manner disturbs or annoys other tenants or neighbors is a breach of this Agreement. Tenant acknowledges the special relationship inherent in co-housing living, and agrees to at all times conduct his or her self in a manner that is considerate and respectful of other co-tenants. Landlord has the sole discretion to terminate tenancy based on this clause in its best judgment.
- Smoking and Smoke Detectors. The entire building complex, including Tenant’s private space, is a no-smoking area. Tenant agrees that the unit is equipped with a working smoke detectors. Tenant shall maintain smoke detectors in working order at all times. Tenants will be charged for missing or damaged smoke detectors.
- Tenant Rules & Regulations. Any rules and regulations published by Landlord become part of the Lease Agreement. Tenant agrees to abide by all rules and regulations that may be published by Landlord and as may be amended from time to time.
- Violations of Agreement and Cause for Eviction. Violation of any provision of this Agreement, rules, or regulations can be cause for eviction, including failure to make rent payments in a timely manner as set forth in this Agreement.
- Covenants and Conditions. Each provision of this Agreement performable by Tenant shall be deemed both a covenant and a condition, which Tenant agrees to strictly abide by. Any violation of any provision of this Agreement shall constitute a material breach of same, in which case Landlord may, at its option, terminate this Agreement according to its terms. In the event of such termination, Landlord agrees to use its best effort to re-rent the Premises or to otherwise mitigate damages as required by law.
- Binding Effect. The covenants, conditions and agreements contained in this Agreement shall bind and inure to the benefit of the Landlord and the Tenant and their respective heirs, executors, administrators, successors and assigns.
- No Waiver. Landlord’s failure to enforce any term of this Agreement shall not be deemed a waiver of the enforcement of that or any other term. The receipt by Landlord of rent with knowledge of a breach of any term of this Agreement shall not be deemed a waiver of such breach, nor shall partial payment of rent be deemed a waiver of Landlord’s right to the full amount thereof.
- Severability. If any provision of this Agreement should be or become invalid, such invalidity shall not in any way affect any of the other provisions of this Agreement, which shall continue to remain in full force and effect.
- Subordination. The Agreement is and shall be subject and subordinate to any ground or underlying agreement or lease and mortgages now or hereafter affecting the real estate of which the Premises are a part, and to all renewals, modifications, replacements and extensions thereof.
- Entire Agreement. Tenant acknowledges that Landlord has made no representations or promises with respect to the Premises except as expressly set forth in the Lease Agreement documents and that these documents together constitute the entire agreement between the parties.
- Abandoned Property. If the Tenant abandons the Premises, the Landlord is authorized, at their sole discretion, to peacefully repossess the Premises and dispose of any and all of the Tenant’s abandoned personal property.
- Notices. Any notice required to be given under the Lease Agreement may be sent via email to the address listed in the Summary Lease Terms or through the Management’s Resident Portal messaging system.
- Placement. You acknowledge that you are booking a room by type and general amenities, not a specific unit. Following booking, the 4M team will place you in a specific unit based on information gathered in the curation process. Once in residence, we reserve the right to reassign you to a different unit should we deem necessary or appropriate, solely at our discretion.
- Shared Spaces. Shared spaces are not always available. We have a sign-up process in place and will make every effort to assure that shared spaces are used equitably. We reserve the right to alter our sign-up/space reservation process to accomplish this goal.
- Third-Party Agreements. 4M has arranged with other service providers to provide various services and amenities to our community. Your use of these services is between you and the provider, and their terms and conditions control. 4M is in no way responsible for any issues that might arise with respect to those services.
- Cancellation Policy. If you cancel your stay with us within 1 week of booking, we will fully refund your payment, UNLESS your cancellation is within 2 weeks of the scheduled move-in date. In that case, we will refund 75% of your payment. After you have moved in, should you opt to shorten your stay for any reason, we reserve the right to retain up to 75% of your remaining booking balance, refunding to you the difference.
- Move-In Day Meeting. We like to hold a 1-on-1 meeting you within the first week of your stay with us, as a foundation for providing you a curated experience. Should you opt out of this meeting, we will not be able to provide you with a curated experience.
Michigan Security Deposit Act 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.
Michigan Truth in Renting Act Notice
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.
City of Ann Arbor Truth in Renting
Ann Arbor Privacy Ordinance
NOTICE: YOU HAVE THE RIGHT TO PRIVACY IN YOUR RENTAL HOME. CITY LAW ESTABLISHES GUIDELINES THAT THE OWNER AND HER/HIS AGENTS MUST FOLLOW BEFORE ENTERING YOUR HOME. YOU MAY INITIATE ADDITIONAL ENTRY RESTRICTIONS BY GIVING WRITTEN NOTICE TO YOUR LANDLORD. COPIES OF THESE GUIDELINES (HOUSING CODE 8:529) ARE AVAILABLE AT THE BUILDING DEPARTMENT, CITY HALL, 100 N. FIFTH AVE.
Ann Arbor Rights and Duties of Tenants
City ordinance requires landlord to furnish to tenant prior to executing lease a copy of Rights and Duties of Tenants. Tenant’s signature acknowledges receipt of booklet.