Landlords

e parked in the driveway.” Some specialprovisions to be aware of include:› Smoking: A landlord is free to prohibitsmoking in the rental property, as this wouldnot violate any state, federal, or local laws.› Pet Restrictions: A landlord may prohibitall pets in a rental unit. A landlord may chargea fee for having a pet. An exception here isthat a landlord may not prohibit a disabledindividual relying on a service animal fromhousing the animal.Q6 How can a lease be terminated?Fixed-Term TenancyThis type of tenancy is created when thelease agreement specifies when the tenancybegins and when it ends. It terminatesautomatically at the end of the periodspecified. A fixed-term lease ends on its ownwithout further action. However, many leasesinclude the provision that the lease convertsto a month-to-month tenancy at the end of thefixed term. Other leases state a sky-highincrease in rent—sometimes double—if thetenant stays beyond the fixed term.Periodic Tenancy OR Tenancy at WillThis type of tenancy is indefinite induration. It is created by actual or impliedconsent. Usually a month-to-month tenancy,the lease is considered renewed at the end ofeach rental period (month-to-month or week-toweek,depending on how often rent must bepaid). Termination procedure is governed bystatute and requires notice.Additionally, there are special terminationrights for senior citizens or persons incapableof independent living.RESIDENTIAL LEASE AGREEMENTNOTICE:Michigan law establishes rights and obligations forParties to rental agreements. This agreement is requiredto comply with the Truth in Renting Act. If you havea question about the interpretation or legality ofa provision of this agreement, you may want to seekassistance from a lawyer or other qualified person.We Agree That(Landlord’s Name(s))_______________________________________________________________,Leases To(Tenant’s Name)(1)________________________________________________(Tenant’s Name)(2)________________________________________________(Tenant’s Name)(3)________________________________________________(Tenant’s Name)(4)________________________________________________The Following Premises To Be Used For Private Residential Purposes Only(Street Address, City, State, and Zip Code)____________________________________________________________________________________For A TermNOTICE:Michigan law establishes rights and obligations for parties torental agreements. This agreement is required to comply with theTruth in Renting Act. If you have a question about the interpretation orlegality of a provision of this agreement, you may want to seekassistance from an attorney or other qualified person.Month-To-MonthBeginning ____________ ____, 20____, andBeginning ____________ ____, 20____.Ending ____________ ____, 20____.(a) JOINT AND SEVERAL TENANCY: If more than one person signs this lease as a Tenant, their obligationsare joint and several. This means that each person is responsible not only for his or her individualobligations, but also for the obligations of all other Tenants. This includes paying rent and performing allother terms of this lease. A judgment entered against one or more Tenant(s) does not bar an action against theothers. Each Tenant must initial this paragraph: (1) ____, (2) ____, (3) ____, (4) ____.(b) RENT: Tenant must pay Landlord, as rent for the entire term, a total of $___________, being $_________each month, beginning ____, 20____, and the same amount on or before the 1 st day of eachsucceeding month. Rent must be paid and all communications must be sent to the Landlord at the followingaddress:_____________________________________________________________________________________(Street Address, Apartment, City, State, and Zip Code)©MSU-DCL(1) ______ (2) ______ (3) ______ (4) ______ (Each tenant must initial.) Page 1 of 5 PagesQ7 What are the termination rights forsenior citizens or persons incapable ofindependent living?Lease agreements entered into, renewed, orrenegotiated after June 15, 1995, must providespecial termination rights for senior citizensand persons incapable of independent living.These leases must allow the tenant who hasalready occupied a rental unit for more than13 months to terminate the lease with 60 days’written notice if either of the following occurs:1. Tenant becomes eligible to move into arental unit in senior-citizen housingsubsidized by a federal, state, or localgovernment program, OR2. Tenant becomes incapable of livingindependently, as certified by a physician ina notarized statement. (MCL 554.601a)Q8 What does “joint and several liability”mean?If more than one person signs the lease asa tenant, the lease may state that theirobligations are “joint and several.” This meansthat each person is responsible not only forhis or her individual obligations, but also forthe obligations of all other tenants. Thisincludes paying rent and performing all otherterms of the lease.Q9 Can a landlord raise the rent once thelease has started?Generally, the landlord may not alter alease provision after the lease begins withoutthe tenant’s written consent. There are, ofcourse, exceptions to this. With 30 days’written notice, the landlord may make thefollowing types of adjustments, as long asthere is a clause in the lease allowing for theadjustments:› changes required by federal, state, orlocal law, rule, or regulation;› changes in rules relating to the propertymeant to protect health, safety, andpeaceful enjoyment; and› changes in the amount of rental paymentsto cover additional costs incurred by thelandlord because of increases in propertytaxes, increases in utilities, and increasesin property insurance premiums.6