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HOLIDAY ENTERPRISES LLC
LEASE AGREEMENT
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.
The Landlord, HOLIDAY ENTERPRISES, LLC, as managing agent for Holiday Center Apartments, LLC of 37020 Garfield, Suite T-1, Clinton Township, Michigan 48036, and the Tenant(s) as noted and dated on the signature block, enter into this Lease Agreement. The Tenant leases from the Landlord, subject to the provisions of this Lease, an apartment unit together with any furnishings, fixtures, personal property, and appurtenances furnished by the Landlord for the Tenant's use. The term of this Lease shall begin on the date noted below and end one year later plus any days left over in any partial month should the term begin other than the first of the month. Landlord and the Tenant agree to the following conditions and provisions:
1. Leased Unit is commonly referred to as:
Clinton Township, Michigan 48035
2. Lease start date and ends on midnight . Rent is due the first day of each month. Should Tenant fail to live out the term of this lease, Tenant hereby agrees to pay all charges to re-rent the unit, including but not limited to commissions and all turnover expenses. Any rent collected under this Lease shall be non-refundable under any circumstances.
3.
Monthly Rent: $ (which shall be deemed rent for the month of )
Monthly Pet Fee: $
Security Deposit: $
Pet Fee: Non-refundable $
Admin Fee: Non-refundable $
Subtotal: $ 0[pic]0.00
Less Deposits. $
Less Specials** $
**The full amount of any specials shall become due and payable upon default of this Lease, including but not limited to failure to live out the term hereof. Any monthly rent specials, if any, shall be credited only if paid before payment is late.
TOTAL DUE $ 0.0[pic]0.00 DATE PAID:________ CASHIER’S or M.O. NO. _____________
4. Utilities: Tenant shall be responsible for all utilities which are individually metered to this unit beginning on the earlier of the commencement date of this Lease as specified above or the date Tenant has been granted possession of this unit by accepting the keys. If such utilities or services are not individually metered but apportioned by a method approved by the local municipality or state law, then Tenant shall pay for such utility or service Tenant shall be responsible for these utilities until the end of the Lease term or the date keys and possession of the Leased Unit is returned to Landlord, whichever is later. Tenant shall be solely responsible for having the billing on these accounts transferred into their own name. Certain utilities may be left on as a courtesy to you during your move, if you continue using these utilities without transferring them into your own account; it may be considered a theft of utilities punishable by law. Landlord expressly reserves the right to terminate any utilities not transferred into Tenant’s own account.
5. Tenant acknowledges receipt of an inventory checklist form for the Leased Unit. If this checklist is not returned to the Landlord within seven (7) days from this date, the Landlord and the Tenant may assume that no real or personal property at the Leased Unit is damaged or flawed in any respect.
6. Tenant acknowledges receipt of this entire fully executed Lease Agreement.
7. Security Deposits are insured by a bond at Cambridge Underwriters PO Box 511077, Livonia, MI 48151.
8. Rent. The Tenant shall pay the Landlord, by check or money order, at the address stated above or an address designated by the Landlord in monthly installments, as noted in Section 3 above, due and payable on the first day of each month during the term of this Lease and any renewals thereof. Any payment received after the first day of the month shall be considered a late payment. In addition to the rent, the Tenant shall pay the Landlord a fee of 10% of the monthly rent for each monthly installment not actually received by the Landlord by the 5th day of the month. IT IS THE TENANT’S RESPONSIBILITY TO GET THE PAYMENT TO THE LANDLORD. This late fee shall be considered additional rent and shall compensate the Landlord for costs incurred because of late payments. The Landlord's right to collect this additional rent shall be in addition to the Landlord's right to take action under other provisions of this Lease for the Tenant's default in paying rent. Tenant shall not be entitled to or gain the right to make continued late payments by reason of Landlord’s past acceptance of late payments. All rent paid after the due date and payments to cover checks that have been returned for insufficient funds must be paid at the place designated for payment, by cashier's check, certified check, or money order. Any check returned for insufficient funds will be charged a late fee. If the Tenant fails to pay rent or any other sums when due to the Landlord, the Landlord serves a notice of default on the Tenant as required by law, and if the Tenant fails to remit the amounts when due, additional costs such as court filing costs, judgement fees and attorney fees incurred by the Landlord in enforcing the Landlord's remedies which are allowed by statute shall be added to the amount due.
9. Security Deposit. The Tenant has deposited with the Landlord the amount noted in Section 3 as a security deposit being held at the institution designated in the Section 7 to reimburse the Landlord for actual damages to the rental unit or ancillary facilities that directly result from conduct not reasonably expected in the normal course of habitation of a dwelling. The Tenant also agrees to pay the Landlord for all rent in arrearage or due for premature termination of this Lease by the Tenant and for any of the Tenant's utility bills not paid by the Tenant. The Tenant is liable for any balances remaining unpaid after the Landlord applies the security deposit to such amounts. This deposit may not be used as the last month's rent.
10. Pets. Neither the Tenant nor their guest shall permit any animals or other creatures into the Leased Unit without the written consent of the Landlord. Said consent is at the sole discretion of the Landlord. Landlord reserves the absolute right to revoke any such consent without notice and without stating a reason for doing so. Landlord also reserves the absolute right to determine what constitutes a pet and reserves the right to change such definition at any time without notice. Landlord also reserves the right to allow the Tenant to have a pet on a case by case basis. Tenant agrees to pay per month in additional rent the amount as noted in Section 3 of this Lease for owning a pet.
11. Use. The Tenant shall use the Leased Unit solely as a single-family residence. No persons other than those listed on the application shall occupy the Leased Unit for more than seven days during the term of this Lease without prior written consent from the Landlord or Landlord shall have the right to terminate such lease and reenter the Leased Unit.
12. Condition of the Leased Unit. The Tenant acknowledges that no representations about the condition of the Leased Unit or promises to alter or improve the Leased Unit before or during the term of the Lease have been made except as contained in this Lease.
13. Maintenance, repairs, and damage of Leased Unit. Throughout the term of the Lease, the Tenant shall maintain the Leased Unit in good condition and shall allow no waste of the Leased Unit or any utilities. The Tenant shall be liable for any damage to the Leased Unit or to the Landlord's other property that is caused by the acts or omissions of the Tenant or the Tenant's guests. Landlord shall not be liable to any Tenant, guest, or occupant for personal injury or damage or loss of personal property from any cause including, but not limited to: fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, lightning, wind, earthquake, hurricane, negligence of other tenants, occupants or guests, explosions, interruptions of utilities, theft, or vandalism. Landlord shall have no duty to remove any ice, sleet or snow but may remove such amount or portion thereof with or without notice.
14. Decorations and alterations. Other than hanging decorations on the walls with nails or other materials approved by the Landlord, the Tenant shall not alter or decorate the Leased Unit without prior written consent from the Landlord. The Landlord's consent to a particular decoration or alteration shall not be deemed consent to future decorations or alterations. The Tenant shall not remove any furnishings the Landlord furnishes to the Tenant, drive nails into the woodwork, or use any adhesive material on the walls without prior written consent from the Landlord.
15. Assignments and subleases. The Tenant shall not assign this Lease or sublease any part of the Leased Unit.
16. Interruption of services. As long as the Leased Unit are habitable and the Landlord makes any repairs or improvements within a reasonable period of time, any interruption of services or utilities, inconvenience, or discomfort arising from repairs or improvements to the Leased Unit shall not affect this Lease, reduce the rent, or be construed as an eviction of any nature.
17. Prohibitions. Neither the Tenant nor the Tenant's guests shall:
a. install any equipment or appliances that, in the Landlord's opinion, cause an unsafe condition on the Leased Unit;
b. accumulate refuse in or around the Leased Unit that might pose a health hazard to the Tenant or to the Tenant's neighbors;
c. allow any activity on or around the Leased Unit that would result in an increase in fire insurance premiums for the Leased Unit;
d. permit any flammable liquids or explosives to be kept on or around the Leased Unit;
e. permit on the Leased Unit any act that would injure the Landlord's reputation or interfere with the rights or the quiet enjoyment of other persons;
f. change or install any locks on the Leased Unit or in the building where the Leased Unit are located without written consent from the Landlord;
g. bring any water beds, floor safes, or other heavy objects on the Leased Unit;
h. permit any laws to be violated on the Leased Unit
i. store automobiles which are not regularly used, licensed and in good appearance and condition
18. Access to the Leased Unit. The Tenant shall allow the Landlord and the Landlord's agent’s reasonable access to the Leased Unit to inspect, repair, alter, or improve the Leased Unit. The Tenant shall also allow insurance carriers and representatives, fire department inspectors, police, or local health authorities to inspect the Leased Unit to the extent permitted by law. The Tenant shall allow the Landlord or the Landlord's agents to show the Leased Unit to prospective Tenants at reasonable times during the 60 days before Tenant vacates the Leased Unit and also to prospective purchasers on reasonable notice to the Tenant.
19. Abandonment of the Leased Unit. If the Tenant removes substantially all the Tenant's property from the Leased Unit, the Landlord may immediately enter and redecorate the Leased Unit without abatement of rent, and these acts shall not affect the Tenant's obligations under this Lease. If the Tenant abandons the Leased Unit before the Lease expires, all rent for the remainder of the term of the Lease shall immediately become due. However, the Tenant may not be liable for the total accelerated amount because of the Landlord's obligation to minimize damages, and either party may ask a court to determine the actual amount owed, if any.
20. Property loss or damage and Renter’s Insurance. To the extent permitted by law, the Landlord and the Landlord's agents shall not be liable for any damage to property or loss of property that is caused by theft or casualty at or about the Leased Unit. The Landlord requires that the Tenant obtain renter’s insurance to protect the Tenant's personal property against such loss or damage prior to and at all times during Tenant’s occupancy of the Leased Unit. Tenant's personal property and other effects are not covered under Landlord's insurance and Tenant shall only look to such renter’s insurance for reimbursement for any such damages. Tenant shall provide a certificate of coverage in the name of the Landlord requiring notification to Landlord in the event the policy is terminated for any reason. In the event such renter’s insurance is terminated for any reason, Landlord may, but shall not be required, purchase a new policy or continue payments on existing Tenant’s renter’s insurance policy or secure other similar insurance coverage and bill the amounts due for such monthly premiums to Tenant as additional rent. Tenant agrees to pay such monthly premium charges as additional rent.
21. Damage or destruction of Leased Unit. If a casualty partially destroys the Leased Unit but they can be restored to a tenantable condition, the Landlord shall repair the Leased Unit with reasonable dispatch; however, the Landlord's obligation to repair the Leased Unit shall be limited to the amount of insurance proceeds actually received by the Landlord and Landlord’s ability to access the Leased Unit. Tenant agrees to remove their personal property from the Leased Unit upon the request of the Landlord in order to effectuate necessary repairs. The Tenant's obligation to pay rent shall be suspended while the Leased Unit is untenantable. If a casualty damages the Leased Unit to the extent that they cannot be restored to a habitable condition within a reasonable period of time, either party may terminate this Lease by giving the other party written notice within 30 days after the casualty. The Landlord shall not be liable for any delay or for providing housing for the Tenant during repairs. In no event should Landlord be required to file a casualty insurance claim if said casualty was caused by tenant and/or tenant’s guest negligence. In the event a casualty was caused by tenant and/or their guests Landlord may either 1) repair the Leased Unit before or after collecting the amount of such damage from Tenant or 2) repair the Leased Unit using casualty insurance proceeds and collect any deductible from Tenant or 3) terminate this lease, require Tenant to vacate and collect all damages or deficiencies in insurance proceeds from Tenant. Landlord does not maintain insurance to cover Tenant’s, or their occupants, or their guest’s personal property or personal injury.
22. Termination. When this Lease terminates, the Tenant shall surrender possession of the Leased Unit to the Landlord in the condition they were in when they were delivered to the Tenant, except for normal wear and tear. The Tenant shall also return all keys for the Leased Unit to the Landlord.
23. Default and the Landlord's remedies. If Tenant defaults on any of the obligations under this Lease including vacating prior to the Lease expiration or being asked to leave because of problematic behavior or receiving more than three warning notices, or misrepresents any information in the application for this Lease, or violates any rules and regulations, the Landlord may, on written notice to the Tenant, terminate the Lease and enter the Leased Unit as permitted by law. The Tenant and any other occupants shall surrender the Leased Unit to the Landlord by the date stated in the notice. If the Landlord terminates the Lease, the Landlord may recover the Landlord's expenses for enforcing the Landlord's rights under the Lease and applicable law, including court costs and attorney fees, from the Tenant, as permitted by statute, and rent for the remainder of the term of the Lease shall immediately become due. The Tenant may not be liable for the total accelerated amount because of the Landlord's obligation to minimize damages, and either party may ask a court to determine the actual amount owed, if any.
24. Holding over. The Tenant may, with the Landlord's permission, continue to occupy the Leased Unit after the term of this Lease expires without renewing this Lease or signing another Lease for the Leased Unit. Such tenancy shall be on a month-to-month basis and subject to the provisions of this Lease except the Landlord may increase rent on 30 days' notice to the Tenant.
25. Notices. Any notices under this Lease shall be in writing and delivered to the recipient personally or by first-class mail fully prepaid at the recipient's last known address. Unless otherwise required by law, the date of service shall be the date of hand delivery or the mailing date.
26. Modifications. No modifications of this Lease shall be binding unless they are in writing and signed by the Landlord and the Tenant. REPRESENTATIVES OF THE LANDLORD ARE NOT AUTHORIZED TO ALTER THIS AGREEMENT.
27. Agreement. This Lease sets forth the entire agreement between the Landlord and the Tenant. There are no verbal or written agreements that are not contained in this Lease between the parties.
28. Definitions and effect. The Landlord, as used in this Lease, means only the owner of the land and the building where the Leased Unit are located. The Tenant means all the people designated on the signature block of the reference page. This Lease shall bind and benefit the parties to the Lease and their heirs, personal representatives, successors, and permitted assigns. If any provision of this Lease is invalid, unlawful, or unenforceable to any extent, the rest of the Lease and the application of the provision to persons or circumstances other than those for which it is invalid, unlawful, or unenforceable are not affected.
29. Joint and Severally. All persons signing this Lease are jointly and severally liable for compliance with the terms and conditions contained herein. This means each person signing is responsible for any and all damages that may arise from this tenancy, regardless of whether one person moves out, or the other person causes damages, etc.
30. Forwarding Address. 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.
31. Administration Fee. If applicable as noted in Section 3, Tenant shall pay an administration fee to Landlord for the cost of cleaning the Leased Unit. This amount is not refundable under any circumstances and shall belong to the Landlord unconditionally. Said fee shall not be applied or credited against any security deposit or damages or rental claim injuring the Landlord.
32. Controlled Substances. LANDLORD SHALL BE ENTITLED TO RECOVER POSSESSION OF SAID LEASED UNIT IF TENANT, A MEMBER OF TENANT'S HOUSEHOLD, OR OTHER PERSON UNDER TENANT'S CONTROL HAS MANUFACTURED, DELIVERED, POSSESSED WITH INTENT TO DELIVER, OR POSSESSED A CONTROLLED SUBSTANCE ON THE LEASED UNIT BY PROVIDING 24 HOUR WRITTEN NOTICE TO TENANT. SUCH REPOSSESSION OF THE LEASED UNIT SHALL NOT CONSTITUTE FORFEITURE OR TERMINATION OF THE OBLIGATIONS OF TENANT TO PAY RENT HEREUNDER AND SUCH REMEDY SHALL BE IN ADDITION TO ANY OTHER REMEDIES AVAILABLE TO LANDLORD UNDER THE LAWS OF THE STATE OF MICHIGAN.
33. Replacement Charges. If any items are missing or damaged, to the point that they must be replaced when you move out, you will be charged for the current cost of the item plus labor and service charges. A representative list of replacement charges is provided below. These are average prices. If Landlord incurs a higher cost for replacing an item, you will be responsible for paying the higher cost. Please note that this is not an all-inclusive list; you can be charged for the replacement of items that are not on the list.
|Window glass $50.00 |Doors $150.00 |Crisper covers $15.00 |
|Patio glass doors $150.00 |Patio screens $50.00 |Light fixtures $50.00 |
|Light bulbs $2.00 each |Mailbox keys $25.00 |Window screens $35.00 |
|Countertops $350.00 |Holes in walls $25.00 |Disposal $65.00 |
|Fire extinguisher $45.00 |Drip pans $2.00 each |Carpet repairs $100.00 ea. |
|Mirrors (bath) $60.00 |Driving on lawn $500.00 |Extra coat paint $200.00 |
|Trash removal $50.00 per hr. | |Refrig.shelves/racks $30.00 |
|Ice trays $3.00 (lost or not |Wallpaper removal $150.00 (per room) |Door keys $35.00 (lost or not |
|returned) | |returned) |
34. Utilities. When you move into your apartment, you must call the utilities you are responsible for on the front page of this lease to place the service into your name. If you fail to do this, both utilities may charge you an extra service fee to turn the service back on. Landlord reserves the right to turn off any utility which has not been placed into the Tenant's name. Tenant hereby grants Landlord authorization to place utility services in tenant’s name should tenant fail to contact utility companies themselves. PLEASE TAKE CARE OF THIS IMMEDIATELY!
35. Sorting and Separation of Refuse and Trash. a) Tenant's Duties: Tenant agrees, at his sole cost and expense, to comply with all present and future laws, orders, and regulations of all state, federal, municipal, and local governments, departments, commissions, and boards regarding the collection, sorting, separation, and recycling of waste products, garbage, refuse, and trash. Tenant shall sort and separate such items into categories as provided by law, and in accordance with the rules and regulations adopted by Landlord for the sorting and separating of such designated recyclable materials. b) Landlord's Rights if Tenant Fails to Comply: Landlord reserves the right, where permitted by law, to refuse to collect or accept from Tenant any waste products, garbage, refuse, or trash which is not separated and sorted as required by law, and to require Tenant to arrange for such collection, at Tenant's sole cost and expense, using a contractor satisfactory to Landlord. c) Fines and Penalties, Indemnification of Landlord: Tenant shall pay all costs, expenses, fines, penalties, or damages imposed on Landlord or Tenant by reason of Tenant's failure to comply with paragraphs (a) and (b) above, and shall indemnify, defend, and hold Landlord harmless from and against any actions, claims, and suits arising from such noncompliance, using counsel reasonably satisfactory to Landlord, if Landlord so elects. Tenant's noncompliance with paragraphs (a), (b) or (c) shall constitute a violation of a substantial obligation of the tenancy and Landlord's rules and regulations. Tenant shall be liable to Landlord for any costs or expenses, including attorneys' fees, of any action or proceeding by Landlord against Tenant, based upon Tenant's breach of paragraphs (a), (b) or (c).
36. Rules and Regulations. Tenant shall comply with all Rules and Regulations governing the Leased Unit promulgated by Landlord. Tenant shall also be responsible for his/her family's and guest's compliance. Violation of these rules are just cause for termination of tenancy. These rules are nonexhaustive.
a. The sidewalks, entrances, passages, courts, vestibules, basements, stairways, corridors and halls must not be obstructed, encumbered or used for any purpose other than ingress and egress to and from the demised Leased Unit.
b. No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by any Tenant on any part of the outside or inside of the Leased Unit or building.
c. No awnings or other projections shall be attached to or protrude beyond the outside walls of the building, and no blinds, shades or screens shall be attached to or hung in or used in connection with any window or door of the Leased Unit without the prior written consent of Landlord.
d. No radio or television aerials or wires shall be erected in or about any part of the Leased Unit without the written consent of Landlord.
e. No Tenant shall allow anything whatsoever to fall from the windows, balconies or doors of the Leased Unit, nor shall any Tenant sweep or throw from the Leased Unit any dirt or other substances into any of the corridors, halls, light shafts, ventilators or elsewhere in the building.
f. Nothing shall be done in or about the building which will interfere with the rights, comforts or convenience of other tenants. No musical instruments, radios, television or phonograph shall be operated in a manner that is disturbing or annoying to other tenants, nor shall any disturbing noise be made at any time.
g. Pouring of grease into sinks or toilets is forbidden. All grease shall be disposed of with garbage in proper receptacles.
h. The trees, shrubbery and lawn are a vital and valuable part of the Leased Unit and Tenant shall be liable to assessment for damages for any mutilation or defacing thereof for which Tenant is responsible.
i. Laundry work shall be done only in the rooms provided for such purposes in the Leased Unit. Machines may be operated between the hours of 8 a.m. and 10 p.m. only.
j. The storage of kerosene (and use of kerosene heaters), gasoline or other flammable or explosive agencies is prohibited.
k. The parking of campers, pick-up trucks, boats and commercial vehicles by Tenant or their guests within the limits of the apartment grounds is strictly prohibited. No car repairing or washing shall be done at any time in or about the Leased Unit. Motorcycles and any other vehicles disturbing to other Tenants, as determined in the sole discretion of Landlord, are expressly prohibited and shall not be brought by Tenant, any guests or others upon the Leased Unit, or adjacent common areas at any time whatsoever. Any towing or removal costs or charges in connection therewith shall be borne by Tenants in full. Due to congested and unsightly parking areas, each unit may only park a maximum of two (2) vehicles at the complex on a regular basis which includes the garage space. A unit parking more than two (2) vehicles at the complex will be subject to having the vehicle(s) towed at the owner's expense. Vehicles must be in good working order and used on a regular basis. Storing vehicles at the complex for repairs, maintenance, or just plain storage of working vehicles will not be permitted regardless of whether it is in a carport or not. These vehicles will be towed at owner's expense. Tenants are responsible for their guests properly parking their vehicles. Any guest parking in the wrong carport or garage is subject to being towed at the owner's expense. As always, anyone parking in the fire lanes is subject to being ticketed and towed.
l. No personal property of any kind shall be placed or kept on the lawn nor shall such areas be used for lounging, playing or any other activities without the consent of Landlord.
m. The rules and regulations governing the use of the swimming pool, the recreation areas, etc., shall be at the sole discretion of Landlord. Said rules shall be available at the office of Landlord and it shall be Tenant's sole responsibility to advise themselves of said rules and abide by them.
n. No barbecuing shall be done on balconies or grounds of the Landlord, unless designated as a barbecuing area by Landlord.
o. Tenant shall not meddle with or interfere in any way with any part of the heating, lighting, refrigerating or laundry apparatus or controls in or about the rented Leased Unit or the building containing said equipment.
p. Proper window covering must be maintained at all times. Blankets, rugs or sheets shall not be acceptable. Window covering backing must be white.
q. Landlord reserves the right to remove garbage disposals and humidifiers (if so installed) if they should become inoperable.
Landlord's name and address for notices: Payment name and address:
HOLIDAY ENTERPRISES, LLC. HOLIDAY CENTER APARTMENTS. LLC
AS MANAGING AGENT FOR HOLIDAY CENTER APTS, LLC 37020 GARFIELD, SUITE T-1
37020 GARFIELD, SUITE T-1 CLINTON TOWNSHIP, MI 48036
CLINTON TOWNSHIP, MI 48036
37. Inspections. Landlord agrees not to conduct or allow or permit any access to tenant’s unit except with tenant’s express permission or in the event of an emergency such as fire, flood or other event necessitating immediate access. Tenant agrees that in addition to the monthly rent, tenant will pay the fee for any government inspection upon being billed by the Landlord.
38. Move Out Procedures. So that there are no misunderstandings regarding our move-out procedures, please take time to read these procedures carefully. You must:
A. Comply with the terms of your Lease.
B. Give a PROPER 30 day written notice if you plan to vacate. This means:
1. Notice to be received by our office by the first day of the month.
2. If you hold over the 30 days, you will be liable for the entire month's rent.
C. Do not allow any undue damage to the apartment.
At the time of move-in, you were given a Check-In Inventory Sheet to complete. Our inspection after you have vacated your apartment will be made using this check list as the basis for determining damages. Any damages to the apartment other than normal wear and tear, which were not noted on the Check-In Inventory Sheet, may be charged to you.
When a Tenant vacates, the apartment should be left as clean as at the time of move-in. This includes removal of all personal items, coat hangers, shelving paper and trash from the apartment. The refrigerator should be defrosted and cleaned. The range, including the burner drip pans and the area under the burners, the oven, as well as the range hood, should be cleaned thoroughly. All cabinets, light fixtures and closets should be cleaned inside and out. Clean all bathroom fixtures, bathtub file, shower rod, medicine cabinets, and remove all stickers on the bottom of the tub. Kitchen and bathroom floors should be scrubbed. The inside of the windows are to be cleaned, the carpet vacuumed and all missing and burnt out light bulbs replaced. Leave all keys to the building, your apartment and mail box with the manager at the local onsite office. Also please leave your forwarding address with the main office too.
Under Michigan law governing the return of security deposits, you must notify us in writing within four (4) days after you have moved of your forwarding address where you can be reached and where you will receive mail. Once a forwarding address is received, we will mail the check out sheet and any applicable refund, if any due, no later than thirty (30) days after the date that your responsibility for the rent on the apartment terminates. Refunds cannot be picked up under any circumstances.
If for whatever reason you must leave before your lease term expires, you will be responsible for the rent until a new tenant begins paying rent for your unit or the lease expires, whichever is first. So if you must move prior to your lease expiring, please give your local manager/office as much notice as possible. A Landlord has a duty to mitigate damages in the event of a breach of your lease agreement. In plain English, if you break your lease, the Landlord must use ordinary methods to rent your unit. This does not mean that the Landlord must rent your unit first before other vacant units that the Landlord may have available. Generally the Landlord may rent their vacant units first. Practically, a Landlord will give a prospective tenant a choice of available units. Your local manager will stand a much better chance of renting your unit if we can show your unit, but there are no guarantees. You will bear the risk if we cannot rent the your unit.
39. Smoke Detectors. Given the smoke detectors are within the Tenant’s Leased Unit, it shall be the responsibility of the tenant to test the operation and functionality of the smoke detector at intervals required by 1) local authorities and 2) in accordance with the manufacturer’s recommendations. Tenant shall promptly notify management should the smoke detector not function properly. Tenant and their occupants and guests acknowledge and warrant they will not disconnect or disable the smoke detector under any circumstances or they will be liable for all damages and personal injury associated with such disconnection.
40. Mold. Mold occurs naturally in the environment, and it is necessary for the natural decomposition of plant and other organic material. It spreads by means of microscopic spores borne on the wind, and is found everywhere life can be supported. Apartment construction is not, and cannot be, designed to exclude mold spores. Even the most thorough maintenance of your apartment building will not eliminate the presence of mold spores. If the growing conditions are right, mold can grow in your apartment unit or in your building. Most persons are familiar with mold growth in the form of bread mold, and mold that may grow on bathroom tile. In order to grow, mold requires a food source. This might be supplied by common items found in the building, such as fabric, carpet or even wallpaper, or by ordinary construction materials, such as drywall, wood and insulation, to name a few. Also, mold growth requires a temperate climate. The best growth occurs at temperatures between 40* F and 100* F. Finally, mold growth requires moisture. Moisture is the only mold growth factor that can be controlled in a Tenantial setting. By minimizing moisture, mold growth can be reduced or eliminated. Moisture can have many causes. Spills, leaks, overflows, condensation, and high humidity are common sources of moisture in any residence. Good housekeeping and maintenance practices are essential in the effort to prevent or eliminate mold growth. If moisture is allowed to remain on the growth medium, mold can develop within 24 to 48 hours.
Consequences of mold. All molds are not necessarily harmful, but certain strains of mold have been shown to have adverse health effects in susceptible persons. The most common effects are allergic reactions, including skin irritation, watery eyes, runny nose, coughing, sneezing, congestion, sore throat and headache. Individuals with suppressed immune systems may risk infections. Some experts contend that mold causes serious symptoms and diseases which may be life threatening. However, experts disagreement about the level of mold exposure that may cause health problems, and about the exact nature and extent of the health problems that may be caused by mold. The Center for Disease Control states that a casual link between the presence of toxic mold and serious health conditions has not been proven.
What you can do. Tenants can take positive steps to reduce or eliminate the occurrence of mold growth in their apartment unit and in their apartment building, and thereby minimize any possible adverse effects that may be caused by mold. These steps including the following:
Before bringing items into your apartment, check for signs of mold. Potted plants (roots and soil), furnishings, or stored clothing and bedding material, as well as many other household goods, could already contain mold growth.
Regular vacuuming and cleaning of your apartment will help reduce mold levels. Mild bleach solutions and most tile cleaners are effective in eliminating or preventing mold growth.
Keep the humidity in your apartment low. Ventilate kitchens and bathrooms. As may be applicable, open the windows, use exhaust fans, or run the air conditioning to remove excess moisture in the air and to facilitate evaporation of water from wet surfaces.
Promptly clean up spills, condensation and other sources of moisture. Thoroughly dry any wet surfaces or material. Do not let water pool or stand in your unit. Promptly notify management of any materials in your unit that cannot be thoroughly dried, such as drywall or carpets. Inspect for leaks in your apartment on a regular basis. Look for discolorations or wet spots. Notify the management or maintenance of any leaks promptly. Inspect condensation pans located in your apartment (refrigerators and air conditioners) for mold growth. Take notice of musty odors, and any visible signs of mold. In the common areas of your building, take note of any leaks, wet spots, mustiness, or other signs of mold. Report these conditions promptly to management or maintenance. Should mold develop in your apartment, thoroughly clean the affected area with a mild solution of bleach. First, test to see if the affected material or surface is color safe. Should the mold growth be severe, promptly notify management.
Disclaimer and Waiver: Whether or not you as a Tenant experience mold growth in your apartment unit depends largely on how you manage and maintenance of your household, and it also depends on your prompt and diligent notification to management or maintenance of conditions requiring our attention. Our responsibility as apartment management must be limited to things that we are aware of, and that we can control. The maintenance and repair responsibilities of management are as set out in your lease agreement. Your responsibilities of maintenance and repair within your apartment unit, and your responsibility to notify management concerning conditions in need of maintenance or repair within your apartment unit and building, are also set out in your lease agreement. We, the apartment management, will not be responsible for any damages caused by mold, or by some other agent, to you the Tenant(s), your invitees, or to third parties that may be caused, in whole or in part, by your failure to clean, repair, and maintain your apartment unit, or to promptly notify management of conditions in need of repair or maintenance anywhere in the apartment building. We will not be responsible for any damage caused by mold growth or mold presence that is unknown to management. Damage includes, but is not limited to, property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, adverse health effects, or any other effects. The undersigned Tenant(s) hereby expressly waives any implied warranty of habitability in regards to claims occasioned by mold or mold spores in the Tenant’s apartment unit or in the apartment building. This waiver applies to any exposure to mold caused in whole or in part by an affirmative action of the Tenant resulting in mold growth, inaction by the Tenant resulting in mold growth, Tenant’s failure to notify management resulting in mold growth, or management’s lack of knowledge concerning mold growth or mold presence anywhere in the apartment building. This notice, disclosure and disclaimer agreement is hereby appended to and made a part of your lease agreement. The consideration for this agreement shall be the same consideration as stated in the lease. Should any term or provision of this agreement be ruled invalid or unenforceable by a court of competent jurisdiction, the remainder of this agreement shall nonetheless stand in full force and effect.
41. Bedbugs. This community has a comprehensive plan of action to follow when we encounter bedbugs in our community. Bedbugs are now a pandemic, not just here in the United States, but around the world. Following a systematic plan will ensure that the issue is mitigated quickly and will protect other Tenants, family members, and guests in the community. Every effort is made to protect Tenants from the social embarrassment associated with having a bedbug infestation. Because self-treatment poses extreme dangers to Tenants and family, we require that a licensed pest management professional be engaged to help respond and treat infested apartments. Without full cooperation of the Tenant, this treatment program will not be successful. Because involving a pest management professional in the eradication plan is very difficult and costly, we require Tenants to cooperate fully in the treatment solution and policies relating to controlling bedbug infestations. Integrated pest management requires that the Tenant, landlord and pest management professional work together. Lack of cooperation will result in termination of tenancy. This will acknowledge that all parties are aware of bedbug issues and will cooperate throughout the tenancy to deal with potential issues. Landlord has inspected the unit and is aware of no bedbug infestation upon move in. Tenant(s) claim that all furnishings and personal properties to be moved into the Leased Unit are free of bedbugs. Tenant(s) hereby agree to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy.
1. Inspection. Check for hitch-hiking bedbugs. If you stay in a hotel or another home, inspect your clothing, luggage, shoes and personal belongings for signs of bedbugs before re-entering your apartment. Check backpacks, shoes and clothing after using public transportation or visiting theaters. After guests visits, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.
2. Duty to Report. Tenant shall report any problems immediately to their local manager. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other units. Manager will then be given access to rental unit for inspection within 24 hours of Tenant being given written notice.
3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If your unit or a neighbor’s unit is infested, a pest management professional will be called in to inspect and eradicate the problem.
4. Bed Bug Treatment. In the event of a bedbug issue, Tenant agrees to comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:
a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.
b. Heavily infested mattresses and furniture are not salvageable and must be sealed in plastic and disposed of properly. Call Management for removal and disposal. Empty dressers, night stands and closets. Remove all items from floors and bag all clothing, shoes, boxes, toys, etc. Bag and tightly seal washable separately from non-washable items. Used plastic bags must be disposed of properly.
c. Wash all machine-washable bedding, drapes, and clothing, etc. on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.
d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and night stands, mattresses and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly, Use a brush attachment to dislodge eggs.
e. Move furniture toward the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.
5. Indemnification. Tenant agrees to indemnify and hold the Landlord harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of the Tenant(s) or any guest occupying or using the Leased Unit.
6. Property Insurance. It is acknowledged that the Landlord shall not be liable for any loss of personal property to the Tenant as a result of an infestation of bedbugs. Tenant agrees that their own personal property insurance shall be the sole and only recourse for such losses.
7. Default. Any Default of the Lease by Tenant shall entitle Landlord to pursue all rights and remedies available under the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the Leased Unit for material non-compliance. The following will be considered material non-compliance of the Lease:
a. Any misrepresentation by the Tenant.
b. Refusal to execute the Bed Bug Treatment Agreement.
c. Failure to promptly notify the Landlord of the presence of bedbugs.
d. Failure to adequately prepare for treatment is the sole discretion of the pest control professional.
e. Refusal to allow the Landlord or their agents to inspect the Leased Unit.
f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.
g. Any action that prevents treatment of the Leased Unit or potentially exasperates or increases the bedbug issues.
42. Subordination. Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter placed upon the Premises or any portion of the Premises and to any renewals and extensions thereof. Tenant agrees that any mortgagee shall have the right at any time to subordinate its mortgage, deed of trust or other lien to this Lease and Tenant agrees upon demand to execute such further instruments subordinating this Lease as Landlord may request. Tenant further agrees that upon any foreclosure, deed-in-lieu or other foreclosure remedy taken by mortgagee that Tenant shall attorn to such mortgagee and recognize mortgagee as Landlord under the Lease.
[REMAINING PAGE INTENTIONALLY BLANK, SIGNATURES FOLLOW]
In Witness of this Lease, the parties have executed this Lease as of the date shown below
HOLIDAY CENTER APARTMENTS, LLC., Landlord
Witness: HOLIDAY ENTERPRISES LLC, As Managing Agent for Landlord
Date
Leslie Osterland By: Frank Aragona, Its Manager
Tenant(s) jointly and severally
X Date
Manager/Leasing Community Agent
(Please Print Name)
Utility Confirmation Numbers:
Email:______________________________________
X Date
Electric_________________________
Gas:___________________________ (Please Print Name)
Insurance Coverage Dates:
Email:______________________________________
_______________________________
LEAD WARNING STATEMENT
LESSOR’S DISCLOSURE
A) PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS:
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:
Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
Lessee’s Acknowledgement (TENANT INITIAL)
(C) ______ Lessee has received the pamphlet Protect Your Family From Lead In Your Home.
Agent’s Acknowledgement (MANAGER INITIAL)
(D) _______ Agent has informed the lessor of the lessor’s obligations 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 their knowledge, that the information they have provided is true and accurate.
Tenant ___________________________ Manager _____________________________
Tenant ___________________________ Lessor _______________________________
Frank Aragona, Landlord
Protect
Your
Family
From
Lead in
Your
Home
Are You Planning to Buy or Rent a Home Built Before 1978?
Did you know that many homes built before 1978 have lead-based paint? Lead from paint, chips, and dust can pose serious health hazards.
Read this entire brochure to learn:
• How lead gets into the body
• About health effects of lead
• What you can do to protect your family
• Where to go for more information
Before renting or buying a pre-1978 home or apartment, federal law requires:
Sellers must disclose known information on lead-based paint or lead-
based paint hazards before selling a house.
Real estate sales contracts must include a specific warning statement about lead-based paint. Buyers have up to 10 days to check for lead.
Landlords must disclose known information on lead-based paint and lead-based paint hazards before leases take effect. Leases must include a specific warning statement about lead-based paint.
If undertaking renovations, repairs, or painting (RRP) projects in your pre-1978 home or apartment:
Read EPA’s pamphlet, The Lead-Safe Certified Guide to Renovate Right, to learn about the lead-safe work practices that contractors are required to follow when working in your home (see page 12).
Simple Steps to Protect Your Family from Lead Hazards
If you think your home has lead-based paint:
• Don’t try to remove lead-based paint yourself.
• Always keep painted surfaces in good condition to minimize deterioration.
• Get your home checked for lead hazards. Find a certified inspector or risk assessor at lead.
• Talk to your landlord about fixing surfaces with peeling or chipping paint.
• Regularly clean floors, window sills, and other surfaces.
• Take precautions to avoid exposure to lead dust when remodeling
• When renovating, repairing, or painting, hire only EPA- or state- approved Lead-Safe certified renovation firms
• Before buying, renting, or renovating your home, have it checked for lead-based paint.
• Consult your health care provider about testing your children for lead. Your pediatrician can check for lead with a simple blood test.
• Wash children’s hands, bottles, pacifiers, and toys often.
• Make sure children avoid fatty (or high fat) foods and eat nutritious meals high in iron and calcium.
• Remove shoes or wipe soil off shoes before entering your house.
Lead Gets into the Body in Many Ways
Adults and children can get lead into their bodies if they:
• Breathe in lead dust (especially during activities such as renovations,
• repairs, or painting that disturb painted surfaces).
• Swallow lead dust that has settled on food, food preparation surfaces, and other places.
• Eat paint chips or soil that contains lead.
Lead is especially dangerous to children under the age of 6.
• At this age, children’s brains and nervous systems are more sensitive to the damaging effects of lead.
• Children’s growing bodies absorb more lead.
• Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them.
Women of childbearing age should know that lead is dangerous to a developing fetus.
• Women with a high lead level in their system before or during pregnancy risk exposing the fetus to lead through the placenta during fetal development.
Health Effects of Lead
Lead affects the body in many ways. It is important to know that even exposure to low levels of lead can severely harm children.
In children, exposure to lead can cause:
• Nervous system and kidney damage
• Learning disabilities, attention deficit disorder, and decreased intelligence
• Speech, language, and behavior problems
• Poor muscle coordination
• Decreased muscle and bone growth
• Hearing damage
While low-lead exposure is most common, exposure to high amounts of lead can have devastating effects on children, including seizures, unconsciousness, and, in some cases, death.
Although children are especially susceptible to lead exposure, lead can
be dangerous for adults, too.
In adults, exposure to lead can cause:
• Harm to a developing fetus
• Increased chance of high blood pressure during pregnancy
• Fertility problems (in men and women)
• High blood pressure
• Digestive problems
• Nerve disorders
• Memory and concentration problems
• Muscle and joint pain
Check Your Family for Lead
Get your children and home tested if you think your home has lead.
Children’s blood lead levels tend to increase rapidly from 6 to 12
months of age, and tend to peak at 18 to 24 months of age.
Consult your doctor for advice on testing your children. A simple blood
test can detect lead. Blood lead tests are usually recommended for:
• Children at ages 1 and 2
• Children or other family members who have been exposed to high levels of lead
• Children who should be tested under your state or local health screening plan
Your doctor can explain what the test results mean and if more testing will be needed.
Where Lead-Based Paint Is Found
In general, the older your home or childcare facility, the more likely it has lead-based paint.1
Many homes, including private, federally-assisted, federally- owned housing, and childcare facilities built before 1978 have lead-based paint. In 1978, the federal government banned consumer uses of lead-containing paint.2
Learn how to determine if paint is lead-based paint on page 7.
Lead can be found:
• In homes and childcare facilities in the city, country, or suburbs,
• In private and public single-family homes and apartments,
• On surfaces inside and outside of the house, and
• In soil around a home. (Soil can pick up lead from exterior paint or other sources, such as past use of leaded gas in cars.)
Learn more about where lead is found at lead.
1 “Lead-based paint” is currently defined by the federal government as paint with lead levels greater than or equal to 1.0 milligram per square centimeter (mg/cm), or more than 0.5% by weight.
2 “Lead-containing paint” is currently defined by the federal government as lead in new dried paint in excess of 90 parts per million (ppm) by weight.
Identifying Lead-Based Paint and Lead-Based Paint Hazards
Deteriorating lead-based paint (peeling, chipping, chalking, cracking, or damaged paint) is a hazard and needs immediate attention. Lead-based paint may also be a hazard when found on surfaces that children can chew or that get a lot of wear and tear, such as:
• On windows and window sills
• Doors and door frames
• Stairs, railings, banisters, and porches
Lead-based paint is usually not a hazard if it is in good condition and if it is not on an impact or friction surface like a window.
Lead dust can form when lead-based paint is scraped, sanded, or heated. Lead dust also forms when painted surfaces containing lead bump or rub together. Lead paint chips and dust can get on surfaces and objects that people touch. Settled lead dust can reenter the air when the home is vacuumed or swept, or when people walk through it. EPA currently defines the following levels of lead in dust as hazardous:
• 40 micrograms per square foot (μg/ft2) and higher for floors, including carpeted floors
• 250 μg/ft2 and higher for interior window sills
Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes. EPA currently defines the following levels of lead in soil as hazardous:
• 400 parts per million (ppm) and higher in play areas of bare soil
• 1,200 ppm (average) and higher in bare soil in the remainder of the yard
Remember, lead from paint chips—which you can see—and lead dust—which you may not be able to see—both can be hazards.
The only way to find out if paint, dust, or soil lead hazards exist is to test for them. The next page describes how to do this.
Checking Your Home for Lead
You can get your home tested for lead in several different ways:
• A lead-based paint inspection tells you if your home has lead- based paint and where it is located. It won’t tell you whether your home currently has lead hazards. A trained and certified testing professional, called a lead-based paint inspector, will conduct a paint inspection using methods, such as:
• Portable x-ray fluorescence (XRF) machine
• Lab tests of paint samples
• A risk assessment tells you if your home currently has any lead hazards from lead in paint, dust, or soil. It also tells you what actions to take to address any hazards. A trained and certified testing professional, called a risk assessor, will:
• Sample paint that is deteriorated on doors, windows, floors, stairs, and walls
• Sample dust near painted surfaces and sample bare soil in the yard
• Get lab tests of paint, dust, and soil samples
• A combination inspection and risk assessment tells you if your home has any lead-based paint and if your home has any lead hazards, and where both are located.
Be sure to read the report provided to you after your inspection or risk assessment is completed, and ask questions about anything you do not understand.
Checking Your Home for Lead, continued
In preparing for renovation, repair, or painting work in a pre-1978 home, Lead-Safe Certified renovators (see page 12) may:
• Take paint chip samples to determine if lead-based paint is present in the area planned for renovation and send them to an EPA-recognized lead lab for analysis. In housing receiving federal assistance, the person collecting these samples must be a certified lead-based paint inspector or risk assessor
• Use EPA-recognized tests kits to determine if lead-based paint is absent (but not in housing receiving federal assistance)
• Presume that lead-based paint is present and use lead-safe work practices
There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively. Contact your state or local agency for more information, visit lead, or call 1-800-424-LEAD (5323) for a list of contacts in your area.3
1. Hearing- or speech-challenged individuals may access this number through TTY by calling the Federal Relay Service at 1-800-877-8399.
What You Can Do Now to Protect Your Family
If you suspect that your house has lead-based paint hazards, you can take some immediate steps to reduce your family’s risk:
• If you rent, notify your landlord of peeling or chipping paint.
• Keep painted surfaces clean and free of dust. Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner. (Remember: never mix ammonia and bleach products together because they can form a dangerous gas.)
• Carefully clean up paint chips immediately without creating dust.
• Thoroughly rinse sponges and mop heads often during cleaning of dirty or dusty areas, and again afterward.
• Wash your hands and your children’s hands often, especially before they eat and before nap time and bed time.
• Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly.
• Keep children from chewing window sills or other painted surfaces, or eating soil.
• When renovating, repairing, or painting, hire only EPA- or state- approved Lead-Safe Certified renovation firms (see page 12).
• Clean or remove shoes before entering your home to avoid tracking in lead from soil.
• Make sure children avoid fatty (or high fat) foods and eat nutritious meals high in iron and calcium. Children with good diets absorb less lead.
Reducing Lead Hazards
Disturbing lead-based paint or removing lead improperly can increase the hazard to your family by spreading even more lead dust around the house.
• In addition to day-to-day cleaning and good nutrition, you can temporarily reduce lead-based paint hazards by taking actions, such as repairing damaged painted surfaces and planting grass to cover lead- contaminated soil. These actions are not permanent solutions and will need ongoing attention.
• You can minimize exposure to lead when renovating, repairing, or painting by hiring an EPA- or state- certified renovator who is trained in the use of lead-safe work practices. If you are a do-it-yourselfer, learn how to use lead–safe work practices in your home.
• To remove lead hazards permanently, you should hire a certified lead abatement contractor. Abatement (or permanent hazard elimination) methods include removing, sealing, or enclosing lead-based paint with special materials. Just painting over the hazard with regular paint is not permanent control.
Always use a certified contractor who is trained to address lead hazards safely.
• Hire a Lead-Safe Certified firm (see page 12) to perform renovation, repair, or painting (RRP) projects that disturb painted surfaces.
• To correct lead hazards permanently, hire a certified lead abatement professional. This will ensure your contractor knows how to work safely and has the proper equipment to clean up thoroughly.
Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government.
Reducing Lead Hazards, continued
If your home has had lead abatement work done or if the housing is receiving federal assistance, once the work is completed, dust cleanup activities must be conducted until clearance testing indicates that lead dust levels are below the following levels:
• 40 micrograms per square foot (μg/ft2) for floors, including carpeted floors
• 250 μg/ft2 for interior windows sills
• 400 μg/ft2 for window troughs
For help in locating certified lead abatement professionals in your area, call your state or local agency (see pages 14 and 15), or visit lead, or call 1-800-424-LEAD.
Renovating, Remodeling, or Repairing (RRP) a Home with Lead-Based Paint
If you hire a contractor to conduct renovation, repair, or painting (RRP) projects in your pre-1978 home or childcare facility (such as pre-school and kindergarten), your contractor must:
• Be a Lead-Safe Certified firm approved by EPA or an EPA-authorized state program
• Use qualified trained individuals (Lead-Safe Certified renovators) who follow specific lead-safe work practices to prevent lead contamination
• Provide a copy of EPA’s lead hazard information document, The Lead-Safe Certified Guide to Renovate Right
RRP contractors working in pre-1978 homes and childcare facilities must follow lead-safe work practices that:
• Contain the work area. The area must be contained so that dust and debris do not escape from the work area. Warning signs must be put up, and plastic or other impermeable material and tape must be used.
• Avoid renovation methods that generate large amounts of lead-contaminated dust. Some methods generate so much lead- contaminated dust that their use is prohibited. They are:
Open-flame burning or torching
Sanding, grinding, planing, needle gunning, or blasting with power tools and equipment not equipped with a shroud and HEPA vacuum attachment and
Using a heat gun at temperatures greater than 1100°F
Clean up thoroughly. The work area should be cleaned up daily. When all the work is done, the area must be cleaned up using special cleaning methods.
Dispose of waste properly. Collect and seal waste in a heavy duty bag or sheeting. When transported, ensure that waste is contained to prevent release of dust and debris.
To learn more about EPA’s requirements for RRP projects visit getleadsafe, or read The Lead-Safe Certified Guide to Renovate Right.
Other Sources of Lead
While paint, dust, and soil are the most common sources of lead, other lead sources also exist:
• Drinking water. Your home might have plumbing with lead or lead solder. You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might contain lead:
• Use only cold water for drinking and cooking.
• Run water for 15 to 30 seconds before drinking it, especially if you have not used your water for a few hours.
Call your local health department or water supplier to find out about testing your water, or visit lead for EPA’s lead in drinking water information.
• Lead smelters or other industries that release lead into the air.
• Your job. If you work with lead, you could bring it home on your body or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family’s clothes.
• Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture. Call your local health department for information about hobbies that may use lead.
Old toys and furniture may have been painted with lead-containing paint. Older toys and other children’s products may have parts that contain lead.4
• Food and liquids cooked or stored in lead crystal or lead-glazed pottery or porcelain may contain lead.
• Folk remedies, such as “greta” and “azarcon,” used to treat an upset stomach
2. In 1978, the federal government banned toys, other children’s products, and furniture with lead-containing paint (16 CFR 1303). In 2008, the federal government banned lead in most children’s products. The federal government currently bans lead in excess of 100 ppm by weight in most children’s products (76 FR 44463).
For More Information
The National Lead Information Center
Learn how to protect children from lead poisoning and get other information about lead hazards on the Web at lead and lead, or call 1-800-424-LEAD (5323).
EPA’s Safe Drinking Water Hotline
For information about lead in drinking water, call 1-800-426-4791, or visit lead for information about lead in drinking water.
Consumer Product Safety Commission (CPSC) Hotline
For information on lead in toys and other consumer products, or to report an unsafe consumer product or a product-related injury, call 1-800-638-2772, or visit CPSC’s website at or .
State and Local Health and Environmental Agencies
Some states, tribes, and cities have their own rules related to lead- based paint. Check with your local agency to see which laws apply to you. Most agencies can also provide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone information for your state or local contacts on the Web at lead, or contact the National Lead Information Center at 1-800-424-LEAD.
U. S. Environmental Protection Agency (EPA) Regional Offices
The mission of EPA is to protect human health and the environment. Your Regional EPA Office can provide further information regarding regulations and lead protection program
Consumer Product Safety Commission (CPSC)
The CPSC protects the public against unreasonable risk of injury from consumer products through education, safety standards activities, and enforcement. Contact CPSC for further information regarding consumer product safety and regulations.
CPSC
4330 East West Highway Bethesda,
MD 20814-4421 1-800-638-2772
or
U. S. Department of Housing and Urban Development (HUD)
HUD’s mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. Contact HUD’s Office of Healthy Homes and Lead Hazard Control for further information regarding the Lead Safe Housing Rule, which protects families in pre-1978 assisted housing, and for the lead hazard control and research grant programs.
HUD
451 Seventh Street, SW, Room 8236
Washington, DC 20410-3000
(202) 402-7698
offices/lead/
This document is in the public domain. It may be produced by an individual or organization without permission. Information provided in this booklet is based upon current scientific and technical understanding of the issues presented and is reflective of the jurisdictional boundaries established by the statutes governing the co-authoring agencies. Following the advice given will not necessarily provide complete protection in all situations or against all health hazards that can be caused by lead exposure
U. S. EPA Washington DC 20460 EPA-747-K-12-001
U. S. CPSC Bethesda MD 20814 September 2013
U. S. HUD Washington DC 20410
IMPORTANT!
Lead From Paint, Dust, and Soil in and Around Your Home Can Be Dangerous if Not Managed Properly
• Children under 6 years old are most at risk for lead poisoning in your home.
• Lead exposure can harm young children and babies even before they are born.
• Homes, schools, and child care facilities built before 1978 are likely to contain lead-based paint.
• Even children who seem healthy may have dangerous levels of lead in their bodies.
• Disturbing surfaces with lead-based paint or removing lead-based paint improperly can increase the danger to your family.
• People can get lead into their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead.
• People have many options for reducing lead hazards. Generally, lead-based paint that is in good condition is not a hazard (see page 10).
HOLIDAY CENTER APARTMENTS
Welcome to Holiday Center Apartments
Thank you for choosing Holiday Center Apartments for you new home. We look forward to having you as a resident in our community. Your Resident Managers are:
Grant and Billie Hughes
Your scheduled move in date is: _______________
Your new address is:________________________________, Apt: ______
Clinton Township, Michigan 48035
PLEASE DO NOT DRIVE YOUR VEHICLE ON THE LAWN AREAS.
PLEASE MAKE YOUR CHECKS PAYABLE TO:
HOLIDAY CENTER APARTMENTS, LLC
To make your move-in easier, please contact the following utility companies 7-10 days PRIOR to your move-in date to establish new service. If this is not done you run the risk of having your utilities shut off. We will not be responsible for the utilities after your move-in date.
Electric:
DTE ENERGY: 1(800) 477-4747
Gas:
CONSUMERS ENERGY: 1(800) 477-5050
Cable:
AT&T U-Verse: 1(800) 288-2020
Phone:
AT&T: 1(800) 288-2020
Fees
• Application Fee: $35.00 adult
• Admin Fee: $75.00
• 10 Day Holding Fee: $150.00
• 6 Month Lease: $100.00/month + Rent
• Late Fee: 10% applied after 5th of month
• Pet Fee (Cats Only): $150 + $20/month
• Key Replacement: $25 per key
• Lock Out Fee (After Hours): $25
• Trash Clean Up: $10/bag left outside apartment door
• In Unit Washer/Dryer $300 + $55.00/month
• Wood Floor Upgrade $150/month
Rent Payments
A drop box is available 8:30am to 5:30pm Monday through Friday 8:30am to 12:00pm Saturdays at the main office located on the corner of Garfield Road and Metropolitan Parkway. Office hours are 8:30am to 4:30pm Monday through Friday.
37020 Garfield Suite T-1
Clinton Township, MI 48036
No Rents are Accepted at the Manager’s Office
Trash Pick-Up
Trash is collected on Thursdays. All trash is to be kept in the provided dumpsters and not stored on patios or in hallways. Any trash not placed in the dumpster will be disposed of by our maintenance staff and you will be charged $10.00 per bag.
Service Requests
During Normal Office Hours:
• Please call (586) 791-1110 to request service for your apartment.
After Hour Maintenance Emergency:
• For maintenance emergency situations that include fire, flood, no heat and lockouts. Please call (586) 322-4425. Please remember this is for maintenance emergencies only. In case of fire please call 911.
Online Service Requests:
• You can submit a service request online at:
• Please be sure to fill out all parts of the form so we can assist you as soon as possible.
• You can also reach us by email:
leasing@
Fair Housing
This Community adheres to the federal Fair Housing Act and Michigan’s Civil Rights Act which stipulate that it is illegal to discriminate against any person in housing practices because of race, color, religion, sex, national origin, disability, familial status, age or marital status. The requirements of these and all other federal, state and local laws pertaining to civil rights of the Community’s applicants and residents will be followed during all leasing and management activities of this Community
Holiday Center Apartments
Selection Applicant Criteria and Consent Agreement
We do business in accordance with the Federal Fair Housing Law. Holiday Enterprises, LLC will not discriminate against any Person based on race, color, religion, sex, handicap, familial status or national origin.
Occupancy Standards: No more than two (2) persons per bedroom shall occupy the premises.
Age: Applicant(s) must be of legal contractual age as designated by the State of Michigan, which is 18. Anyone residing in the apartment of the age of 18 or older must apply and be a leaseholder.
Credit Evaluation: Credit scoring in an objective, fact based method that represents the degree of risk posed by a consumer who is seeking to undertake a financial obligation such as an apartment lease.
When an applicant(s) is (are) screened, he/she/they is (are) assigned a score based on his/her/their level of risk in renting an apartment and is (are) accepted with conditions, or declined based on the set of parameters of the community. Factors taken into the credit score include, but are not limited to: bill-paying history, number of accounts, late payments, collection actions, outstanding debt, and account age.
Applicants who do not have an established credit history must apply with a guarantor that has a valid social security number and established credit.
Rental History Evaluations-Evictions Check: As par of the applicant evaluation process, Holiday Enterprises (Aragona Properties) will conduct a search of evictions records on all applicants that fall into the “accept with conditions” range per the credit evaluation.
Fraud Check: As part of the evaluation process, a social security number fraud check will be conducted on every applicant. Applicants with invalid social security numbers will be declined. An identity fraud check based on name, address and date of birth will also be conducted.
Criminal Background: Anyone convicted of or who have pleaded guilty or “no contest” to any felony will be automatically declined.
Community Policies
Keys & Locks: During normal business hours, maintenance will admit a resident who has been locked out of his/her apartments at no charge. After business hours, landlord may admit a resident who has been locked out of his/her apartment for the charge stated on the fee schedule.
Cook Outs: There are BBQ grills located on the property for your use and enjoyment. Per your lease agreement you are not permitted to interfere with the quiet enjoyment of our residents and their homes. This includes: loud music, loitering, disorderly/loud conduct and littering.
Parking: Everyone deserves the same privilege of being able to park near his or her home. Each apartment has an assigned carport space. You or your guests may not park in another carport that is not assigned to your apartment. Vehicles that are parked in violation of this rule will be towed.
Pool Rules & Policies
Open Hours are from 10:00am to 9:30pm (dusk)
• No children under 14 years without adult supervision
• Swim At Your Own Risk, no lifeguards on duty
• No diapers are permitted in the pool area
• No alcohol is permitted in the pool area
• No diving, running or lout music in the pool area
• No food, or glass containers allowed in the pool or on the pool deck.
** An Emergency Phone That Directly Connects to 911 is Located Within The Pool Area **
Rent Policy
• Rent is due on the 1st of every month
• Rent is late after the 5th. If any balance due remains on your account you will be sent a formal 7 day Notice to Quit by first class mail.
• All monies received are first applied to all outstanding fees (late fee/utility billing/misc. fees). Any monies left will then be applied to unpaid rent.
• On the 5th after 5pm., if a balance due remains on your account, a 10% late fee will be applied and you will receive a Balance Due Notice. Payments must be paid in the form of certified funds (money order…. etc.) and must be paid in full. No partial payments will be accepted after the 5th.
• One the 3rd week of the month, at 9:00am eviction proceedings will begin. Any and all court filing and or legal fees will be charged back to your account.
Please understand that we cannot make any payment arrangements.
Returned Checks
• There is a $25 returned check fee plus late fees are due through the date that acceptable payment is received.
• After one (1) returned check, we will no longer accept personal checks. Payment must then be made in a cashiers check or money order. Personal checks will no longer be accepted and late fees will accrue until acceptable payment is made.
Check Acceptance Policy
• Two-party checks will not be accepted
• No payroll or government issued checks will be accepted
• Please make your payments payable to:
HOLIDAY CENTER APARTMENTS, LLC.
RentPayment: Pay Your Rent Online
Holiday Center Apartments has partnered with RentPayment to offer a new convenience to our residents. You can now pay rent electronically with a Credit Card or eCheck!
You can charge your rent to your Visa, MasterCard and Discover, MoneyGram or pay using an electronic check. An electronic check, or e-Check, is an electronic version of a paper check, used to process a payment online. Please use the MoneyGram® ExpressPayment® Service for all money order payments going forward.
To make paying rent even easier, you can also sign up for AutoPay by eCheck! AutoPay is an automatic recurring direct debit from your Checking or Savings Account to pay rent seamlessly each month. Now you never have to remember to pay rent again!
Please remember that regardless of the payment option you select, rent is due on the 1st of every month and is considered late after the close of business on the 5th. Please wait 5 business days from your move in to set up your account.
How to get started (must wait until you are entered into the system):
1. Visit
2. Click on the “Sign Up” Link or “Setup Account” Button
3. Search for your property, and confirm the address
4. Enter Your Account Number (Resident ID #).
Your Resident ID # is: _____________
5. Sign Up and create a login name and password
6. Select Setup AutoPay or Make One-Time Payment
MoneyGram® ExpressPayment® Service: Through the ExpressPayment® Service, you can now conveniently pay your rent at 40,000 MoneyGram locations including Wal-Mart and CVS/pharmacy. This new service eliminates the need to purchase multiple money orders to pay your rent. The entire balance due can be paid with only one small service fee. You can find information needed to use this service when you set up your RentPayment Account, or ask your property manager.
Feel free to contact RentPayment, your on-site property manager or our main office (586) 286-0334 if you have any questions about the service.
Phone: 866.289.5977
Email: CustomerService@
Web:
SATELLITE ANTENNA POLICY
Under a Federal Communication order, you as our resident have a limited right to install a satellite dish or receiving antenna at your leased premises.
We as a multi-family housing owner are allowed to impose reasonable restrictions relating to such installation. You are required to comply with these restrictions as a condition of installing such equipment.
We have the right to approve the placement of the dish before it is installed. Dishes cannot be installed upon the common grounds. They can only be installed on your balcony.
You may start installation of your satellite dish or antenna only after you have completed all of the following:
← Pay a non-refundable fee of _______.
← Provide us with a copy of written proof of renters insurance
← Receive our written authorization on the placement of the dish or antenna.
UNAPPROVED DISH INSTALLATIONS WILL BE REMOVED
Signed and Accepted by:
_________________________________
Print Name
_________________________________ Date:________________
Signature
_________________________________ Date: ________________
Manager
OPTIONAL WASHER / DRYER RENTAL
ADDENDUM TO APARTMENT LEASE AGREEMENT
This addendum is hereby made a part of that certain apartment Lease Agreement executed on the ________ day of ____________________, 20____, by and between Holiday Enterprises, LLC (as managing agent for Landlord) and ___________________________________________________________________ (Tenant(s)) for the apartment unit known as: ____________________________________________________________________________
It is hereby agreed that the Tenant(s) has chosen to rent a washer/dryer from the Landlord for a monthly rental fee of ($_________) and a onetime installation fee of ($____________) which shall be paid along with the execution of this agreement. The monthly rental fee shall begin upon the first day of the next month after the installation of the washer/dryer.
It is expressly understood that this washer and dryer rental is an optional service chosen by the Tenant and that the Tenant is not required to rent the washer/dryer. This agreement is for the same term as the apartment Lease and thereafter at any time Tenant is in possession of the apartment. This monthly rental amount is due and payable in advance on the first day of the month at all times Tenant is in possession of the apartment unit. A late fee of ten percent (10%) shall be due on any appliance rental payment that is not paid within five (5) days of the due date. If the washer/dryer is not returned to Landlord in good working order at the expiration of the lease or other termination of tenancy, the Tenant shall be charged Nine Hundred ($900.00).
The appliances you are renting are identified as follows:
Make: ___________________ Model Number ______________
Serial Number _____________________
These appliances will be maintained by the Landlord. Any repairs of the appliances beyond normal wear and tear shall be charged to the Tenant.
IF RENTAL FEES / LATE CHARGES FOR THE SUBJECT APPLIANCES IS NOT PAID ON OR BEFORE THE TENTH (10TH) DAY AFTER RENT IS DUE, TENANT HEREBY EXPRESSLY AUTHORIZES THE LANDLORD OR ITS AGENTS, TO ENTER THE SUBJECT PREMISES WITHOUT FURTHER NOTICE AND REMOVE THE SUBJECT APPLIANCE.
__________________________________________ Date:___________________________
Tenant
__________________________________________ Date: __________________________
Tenant
By: ________________________________________ Date: __________________________
Agent for the Landlord
OPTIONAL PET RENTAL ADDENDUM TO APARTMENT LEASE AGREEMENT
LOCATION:
Apt #______________ Apt Community:_________________________________ Date: __/__/__ Date of Lease: __/__/__
Residents: (1) __________________________________________ (2) ______________________________________________
TERMS:
1. CONDITIONAL AUTHORIZATION FOR PET. Residents are hereby authorized to keep a pet, which is described below, on the premises of the above apartment until the lease expires. Authorization may be terminated if residents’ right of occupancy is lawfully terminated or if the pet rules listed below are violated in any way by residentor residents’ family, guest or invitee.
2. ADDITIONAL SECURITY DEPOSIT. The total security deposit as required in the lease shall be increased by $______________________.
3. PET FEE. Resident will pay a one-time non-refundable pet fee of $______________________in order to have the pet in the apartment.
4. ADDITIONAL MONTHLY RENT. $_______________The total monthly rent stated in the lease shall be increased by the forgoing amount.
5. NO LIMIT ON LIABILITY. The additional monthly rent and the pet fee under this agreement is not limited on residents’ liability for property damages, cleaning, deodorization, defleaing, replacements and/or personal injuries set forth below.
6. DESCRIPTION OF PET. Only the following pet(s) is authorized to be kept in the residents’ apartment. No substitutions are allowed. No other pets shall be permitted on the premises by residents” guests or occupants unless listed on this agreement.
7. Type Breed Color Age Weight Name Housebroken? Date of Last Rabies Shot
1
2.
8. PET RULES. Residents are responsible for the actions of the pet(s) at all times and agree to abide by the following rules:
a) Residents agree that the pet will not disturb the rights, comforts and conveniences of other residents in the apartment complex. This applies whether the pet is inside or outside the apartment.
b) Residents shall not allow the pet(s) in the swimming pool areas, other apartments, offices, club house or other recreational facilities.
c) When the pet(s) is outside of the apartment, the pet shall be kept on a leash and under residents’ supervision at all times. Owner or owner’s representative shall have the right to pick up loose pets and/or report them to the proper authorities. Owner may impose reasonable charges for picking up and/or keeping loose pets.
d) The pet shall not be ties to any fixed object anywhere on the apartment complex, including walkways, stairs, parking lots, grassy areas or any other place within the apartment complex.
e) If pet defecates anywhere on the apartment complex, including walkways, parking areas, grassy areas or driveways resident will be responsible for the immediate removal of waste. Notwithstanding any provision herein, resident shall comply with local city ordinances regarding pet defection.
f) Pets must be on a leash when outside of the apartment and under residents control. No visiting pets are allowed.
g) No pet(s) are to be housed in the apartment garage. Dogs and cats must be housebroken. Birds must be caged at all times. No pet offspring are allowed.
9. ADDITIONAL RULES. Owner shall from time to time have the right to make reasonable changes and additions to the pet rules, herein, if in writing and distributed to all residents who are permitted to have pets.
10. LIABILITY FOR DAMAGES. Residents shall be liable for the entire amount of all damages caused by such pet. This applies to carpets, doors, walls, blinds, windows, screens, appliances and any other part of the apartment or apartment complex, including landscaping. If such items cannot be satisfactorily cleaned or repaired, resident must pay for complete replacement by owner. Payment for damages, repairs, cleaning, replacements, etc. shall be due immediately upon demand. Resident shall be strictly liable for the entire amount of any injury to the person or property of others, caused by such pet; and resident shall indemnify the owner for all costs of litigation and attorney’s fees resulting from the same.
11. MOVE-OUT. Upon move-out of the residents, carpet will be professionally shampooed, and defleaed for the protection of future residents. Residents shall also be liable
for deodorization of the apartment, if such is necessary in the judgment of the owner. Such shampooing, defleaing, and/or deodorization will be arranged by the owner and paid for by the resident.
12. VIOLATION OF RULES. If any rule or provision of the Pet Agreement is violated by residents, other occupants, guests or invitees, resident shall at owner’s option, immediately and permanently remove the pet from the premises upon written notice by owner’s representative. If the resident refuses to remove pet, eviction procedures will begin at owner’s option.
THIS IS A BINDING LEGAL DOCUMENT READ CAREFULLY BEFORE SIGNING
Resident___________________________________________________________ Date ___/___/___
Manager___________________________________________________________ Date ___/___/___
Agent for Landlord
-----------------------
Disclosure of Information on
Lead – Based Paint and/or Lead – Based Paint Hazards
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if 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 lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
United States Environmental Protection Agency
United States Consumer Product Safety Commission
United States Department of Housing and Urban Development
Hearing- or speech-challenged individuals may access any of the phone numbers in this brochure through TTY by calling the toll- free Federal Relay Service at 1-800-877-8339.
Region 1 (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont)
Regional Lead Contact
U.S. EPA Region 1
5 Post Office Square, Suite 100, OES 05-4
Boston, MA 02109-3912
(888) 372-7341
Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands)
Regional Lead Contact
U.S. EPA Region 2
2890 Woodbridge Avenue
Building 205, Mail ()n Æ ò
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Edison, NJ 08837-3679
(732) 321-6671
Region 3 (Delaware, Maryland, Pennsylvania, Virginia, DC, West Virginia)
Regional Lead Contact
U.S. EPA Region 3
1650 Arch Street Philadelphia, PA 19103
(215) 814-2088
Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee)
Regional Lead Contact
U.S. EPA Region 4
AFC Tower, 12th Floor, Air, Pesticides & Toxics
61 Forsyth Street, SW
Atlanta, GA 30303
(404) 562-8998
Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin)
Regional Lead Contact
U.S. EPA Region 5 (DT-8J)
77 West Jackson Boulevard
Chicago, IL 60604-3666
(312) 886-7836
Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas, and 66 Tribes)
Regional Lead Contact
U.S. EPA Region 6
1445 Ross Avenue, 12th Floor
Dallas, TX 75202-2733
(214) 665-2704
Region 7 (Iowa, Kansas, Missouri, Nebraska)
Regional Lead Contact
U.S. EPA Region 7 11201
Renner Blvd.
WWPD/TOPE
Lenexa, KS 66219
(800) 223-0425
Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming)
Regional Lead Contact
U.S. EPA Region 8
1595 Wynkoop St.
Denver, CO 80202
(303) 312-6966
Region 9 (Arizona, California, Hawaii,
Nevada)
Regional Lead Contact
U.S. EPA Region 9 (CMD-4-2)
75 Hawthorne Street
San Francisco, CA 94105 (415) 947-4280
Region 10 (Alaska, Idaho, Oregon, Washington)
Regional Lead Contact
U.S. EPA Region 10
Solid Waste & Toxics Unit (WCM-128)
1200 Sixth Avenue, Suite 900
Seattle, WA 98101
(206) 553-1200
RESIDENT HANDBOOK
Holiday Center Apartments
36607 Holiday Circle East
Clinton Township, MI 48035
(586) 791-1110
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