POS 26-000568.pdf

Hestia Capital Group LLC Petitioner V City Of Dearborn Heights Respondent · 26-000568-TT

← View full record

Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.

ve 

NOTICE: | Michigan law establishes rights and obligations of parties to rental agreements. T| 

J) 

| Agreement has been prepared 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 are advised to seek the 

assistance of an 

attor ney or other qualified person. 

RESIDENTIAL LEASE AGREEMENT 

1. 

APPLICATION; IDENTIFICATION OF PARTIES AND PREMISES ~ This lease is 

given| pursuant to the application for tenancy and the representations, conditions and all 

provisions of the application are incorporated into this lease by 

the reference. 

This lease 

agreement (the “Agreement”) is made and entered into this 

day of 

between the following named persons: 

Mihai Rascol 

Ph# 313-829-3672 / Email: Ming, 

Rag co\ 

@ 

313-478-5741 

mend 

(“Tenant(s)”) 

bia 

and 

RZUo 03 Nb Fe 

Heights Realty Group P.C., (“Landlord”), 22174 Michigan, Dearborn MI 48124. 

Subject to the terms and conditions set forth in this A reement, Landlord rents to Tenant(s), and 

Tenant(s) rents from Landlord, the premises located pa 

Lah 

premises”). The premises shall be occupied only by the above-mentioned Tenant(s) and the following 

named occupants, if any: 

Tenant(s) shall use the premises for private residential purposes only and for no other purpose 

withotit Landlord’s prior written consent. Occupancy by guests for more than ten days in any 

six-month period is prohibited without Landlord’s written consent and shall be considered a 

breach of this Agreement. 

2. 

INDIVIDUAL LIABILITY ~ Each Tenant who signs this Agreement, whether or not said 

person} is or remains in possession, shall be jointly and severally liable for the full performance 

of each and every obligation of this Agreement, but not limited to, the payment of all rent due 

and the payment of costs to remedy damages to the premises regardless of whether such 

damages were caused by a Tenant or an invitee or guest of a Tenant. 

3. 

TERM OF THE TENANCY ~ 

Term of this agreement shall commence on 2/7/2023 and continue until expiration on 

AFTER EXPIRATION OF THE LEASE THIS LEASE WILL BE A 

MONTH TO MONTH TENANCY. 

Should Tenant(s) vacate before the expiration of the term, Tenant(s) shall be liable for the 

balanc of the rent for the remainder of the term, less any rent Landlord collects or could have 

MK

collegted from a replacement tenant by reasonably attempting to re-rent. Tenant(s) who vacate 

before expiration of the term are also responsible 

for Landlord’s reasonable costs of 

advertising for a replacement tenant. Tenant shall vacate the premises on the termination date 

unde the term of the lease unless the lease has been extended by a written addendum or a 

case has been executed. In the event Tenant(s) fail to give written notice of an intention 

to vagate the premises at the end of the term, the tenancy shall become one of month-to- 

The Tenant(s) hereby agree that for a period of thirty (30) days prior to the termination of this 

lease, Tenant will permit the Landlord to show said premises between the hours of 9 am and 

9pm 

If the| Tenant is unable to occupy the premises by reason of: (a) the premises not being ready 

for ogcupancy; (b) the holding over of any previous occupant; or (c) any cause beyond the 

direct] control of Landlord, Landlord will not be liable in damages to Tenant, but during the 

period the Tenant is unable to occupy the premises, the monthly rental will be prorated on a 

daily pasis.The Landlord will use its sole discretion to determine when the premises are ready 

for occupancy. 

is payable in advance on the first (1st) day of each month. If that day falls on a weekend 

or legal holiday, the rent is due on the next business day. The first monthly payment will be 

prorated on a daily basis if it covers a period of less than 28 days. Rent shall be paid by 

personal check, money order 

or cashier’s check only, 

to Landlord through an online 

application or at Comerica Bank as directed, or any other place directed by the Landlord. 

ment by Tenant or receipt by Landlord of a lesser amount than the monthly rental 

stipulated in this lease shall be deemed other than on account of the earliest stipulated rent, 

nor shall any endorsement or statement on a check or any letter accompanying any check or 

payment as rent be deemed an accord or satisfaction, and Landlord shall accept such check or 

payment without prejudice to Landlord’s right to recover the balance of such rent or to pursue 

any other remedy in this lease as provided. 

5. 

LATE 

CHARGES AND RETURNED CHECKS ~ If rent is received Fs Landlord after the 

| 

__) 

day 

of the month, there will be a late charge o 

assessed; 

if rent if received by the Landlord after the tenth 

day of the month for which it 

is due, 

an 

additional charge of 

will be imposed. 

If any check given by 

Tenant(§) to Landlord for the payment of rent or for any other sum due under this Agreement 

is returned for insufficient funds, a “stop 

payment” or any 

other reason, Tenant(s) shall pay 

Landlord a returned check charge of Fifty and 00/400 Dolars (550) The Tenant is hereby 

notified [that a negative credit report reflecting on Tenant's credit history may be submitted to 

a credit feporting agency if Tenant fails to fulfill the terms of the credit obligations, such as the 

financial obligations under this lease. 

L

MORTGAGE ~ The Landlord reserves the right to subject and subordinate this lease at all 

times to the lien of any mortgages). 

SECURITY DEPOSIT ~ Upon execution of this Lease Agreement, tenant shall deposit with 

Landon 

hc su 

of S20090 which shall be held by Landlord as security for the faithful 

performance by Tenant(s) of their obligations hereunder. The security deposit shall be 

returned to Tenant(s) in accordance with Michigan law upon termination of the lease and 

surrender by Tenant of the premises subject, but not limited, to the following conditions: 

np damage to premises (damage includes stains, scratches, and scrapes to paint) 

all rent due and water bills payable under lease paid to Landlord; 

all keys returned to Landlord; 

all debris and rubbish and removed from the property (NO TRASH ON CURB) 

all late charges and service charges for bad checks. 

If trash is left on the curb, the tenant is responsible for 1 % times the cost to remove 

the trash and violations issued by the local municipality. 

All unpaid water bills plus a $75.00 service fee to pay the water bill. 

Michjgan law provides that: 

The security deposit, less any deductions, with an itemized list of damages, shall be 

returned to Tenant within 30 DAYS OF ANY TERMINATION OF THIS LEASE. 

You must notify your landlord in writing within 

4 DAYS AFTER YOU move of a 

farwarding address where you can be reached and where you will receive mail; otherwise 

landlord is relieved of sending you an itemized list of damages and the penalties adherent 

tq that failure. It is specifically understood that the aforesaid security deposit shall not be 

considered prepaid rental and shall not be applied by tenant for any rent due. 

Iff 

and when, the Tenant submits 

a written notice by certified mail together with 

documentation 

that 

the 

Tenant 

and/or Tenant’s 

children 

has/have 

a 

“reasonable 

apprehension of present danger” due to domestic violence, sexual assault, or stalking, the 

Landlord shall release the Tenant from rental payment obligations. 

Documents that 

sgtisfy the requirements 

of Public Act 

199 

of 2010 (Michigans Landlord-Tenant 

Relationships Act) 

include: a) a valid personal or foreign protection order; b) a valid 

probation order, conditional release order, or a parole order that contains a condition that 

ar} individual isn’t to have contact with the Tenant or the Tenant’s child; c) a written police 

report; and, d) a report verified by a qualified third party-e.g. a licensed health professional 

of member of the clergy-on a form substantially similar to that prescribed by the Act. 

INTERRUPTION OF SERVICES ~ As long 

as the premises are habitable, and the 

Landlord makes any reasonable repairs or improvements within a reasonable period of time, 

any interruption of services or utilities, inconvenience, or discomfort arising from repairs or 

imprqvements to the premises shall not affect this lease, reduce the rent, or be construed as 

an eviction. 

UTILITIES ~ Tenant(s) will pay for all utilities INLCUDING GAS, ELECTRIC AND 

WATER, separately metered or billed to the premises during the entire term of this lease. In 

the evient the water bill exceeds $200.00 for a period of time of more than 30 days, the landlord 

JL

10. 

11. 

12. 

13. 

14. 

may pay the water bill, and add the bill plus a $75.00 fee to the tenants next rent bill, 

If the landlord has to pay a water bill for any reason, the tenant MUST deposit an additional 

water deposit with the office in the amount of $500.00 held in escrow. 

*** Ifthe tenant 

fails to report any 

running 

toilet or water leak, tenant is solely responsible 

for any water charges resulting from the running water or leak — all notices must be by 

verified email or work order created on the Appfolio portal *** 

PROHIBITIONS ~ Neither the Tenant nor the Tenants 

guests shall: 

(2) 

? 

(b) agcumulate refuse on or around the premises that might pose a health hazard to the Tenant 

or to 

the Tenant’s neighbors; 

(c) allow any activity on or around the premises that would result in an increase in fire 

insurgnce premiums for the premises; 

(d) permit any flammable liquids or explosives to be kept on or around the premises; 

(¢) pgrmit on the premises any act that would injure the Landlord's reputation or interfere 

with 

the rights or the quiet enjoyment of other persons; 

() change or install any locks on the premises or in the building where the premises are 

located without the written consent from the Landlord; 

(g) bring any water beds, floor safes, or other heavy objects on the premises; 

(h) permit any laws to be violated on the premises, or 

(1) bring any animals on the premises without the prior written consent of the Landlord. 

QUIET ENJOYMENT ~ Tenant(s) shall be entitled to quiet enjoyment of the premises. 

Tenant(s) shall not use the premises in such a way as to violate any law or ordinance, commit 

Wwastg 

or nuisance,annoy, or interfere with the quiet enjoyment of any other or nearby resident. 

ASSIGNMENT AND SUBLETTING ~ No portion of the premises shall be sublet nor this 

lease |Agreement assigned. 

POSSESSION OF THE PREMISES ~ The failure of Tenant(s) to take possession of the 

premises shall not relieve them of their obligation to pay rent. 

CONDITION OF THE PREMISES ~ TENANT HAS VIEWED THE PROPERTY AND 

ACCEPTS THE CURRENT CONDITION OF THE PROPERTY AS-IS, LANDLORD 

WILL NOT MAKE ANY ADDITIONAL NON-LIFE THREATING REPAIRS. 

NO 

ADDITIONAL REPAIRS WILL BE MADE TO THE PROPERTY. 

Tenant(s), at their expense agree to: 

(i) 

ANY PEST or RODENT CONTROL REQUIRED. 

(if) 

maintain the premises in clean and sanitary condition, and upon termination of the 

tenancy, 

to surrender the premises to Landlord in the same condition as when 

Tenant(s) first took occupancy. 

(iii) 

maintain the grounds in a clean and safe manner, including but not limited to 

fertilizing, weeding, and trimming, keeping the grounds clear of snow and ice, 

rubbish and trim all shrubbery as necessary to effect a neat and orderly appearance 

MK

to the property. 

(iv) 

notify Landlord by e-mail Management@heightsrealtygroup.com or 

online at the appfolio application upon discovery of any damages, defects 

or dangerous conditions in and about the premises; and 

(y) 

reimburse Landlord for the cost of any repairs to the premises of damages caused 

by the misuse or negligence of Tenant(s) or their guests or invitees. 

REPAIRS, ALTERATIONS AND DAMAGES ~ 

tis responsible for any repair that the cost of labor and material is up to $50.00. 

The tenant can request the landlord to make this repair or they can make the repair themselves. 

Landlord agrees to be responsible for any maintenance item required that exceeds $50.00 

(Unless it is the negligence of the tenant) 

Tenant(s) shall not make any repairs or alterations to the premises, including but not limited 

to, driving nails into the woodwork, painting the walls, installing wallpaper, murals, paneling, 

tile, 

gr hanging posters or pictures weighing in excess of twenty pounds. 

The Landlord’s 

consent to 

a particular decoration or alteration shall not be deemed consent to future 

decorations or alterations. 

Landlord DOES NOT remediate for spiders, ants, or other common insects. 

Landlord DOES NOT remediate for mice, the tenant 

is responsible 

to 

ve any mice that enter the home. 

NCE OF THE PROPERTY IN AS-IS CONDITION 

Tenant hg 

understands that 

reby agrees and accepts the property in AS-IS condition. 

The Tenant 

the landlord will not make any additional non-Safety repairs, including but 

not limited to the following: 

Windows and screens, flooring, bathroom fixtures, kitchen fixtures and cabinetry, 

Landscaping, Fences and gates, Water pressure in any of the areas of the house, Any and 

all wall paint, Pq 

BASEMENTS 

ssible basement leaks, Garage fixtures. 

* 

Basement is known to leak during rainfall or flooding. 

= 

Landlord 

i 

= 

Landlord i 

= 

Tenant ha 

BASEMENT S 

s NOT responsible for water intrusion into basement 

s NOT responsible for any damages to tenant personal property in basement. 

been notified not to store any personal property in basement of any value. 

LL NOT BE USED AS LIVING SPACE. 

ME

* 

Tenant agrees not use basement as sleeping or living areas. 

* 

Living area is defined as having furniture, beds, or other items and or using basement for 

entertaining or general living space. 

SEWER BACK 

UP 

® 

During heavy rains for local flooding, water may back up from basement drains. 

®* 

Landlord|will NOT remove water if the issue is from the City Sewer System. 

® 

Tenant must wait 24-48 hours before calling in any water back up 

16. 

EMERGENCY ENTRY -REPAIRS / INSPECTION ~ Tenant(s) shall make the premises 

available 

to 

Landlord 

or 

Landlord’s 

agents 

for 

the 

purposes 

of making 

repairs 

or 

imprgvements, or to supply agreed services or show the premises to prospective buyers or 

Tenant(s), or in case of emergency. Except 

in case of emergency, Landlord shall give 

Tenant(s) reasonable notice of intent to enter. In the event the tenant refuses to allow entry 

for repairs or inspection, it is constituted a breach of the lease and immediate termination of 

the lense. 

17. 

EXTENDED ABSENCES AND ABANDONMENT ~ In the event Tenant(s) will be away 

from fhe premises for more than 14 consecutive days, Tenant(s) agree to notify Landlord in 

writilg of the absence. During such absence, Landlord may enter the premises at times 

reasonably necessary to maintain the property and inspect for damages and needed repairs. 

Abanfonment is defined as absence of the Tenant(s) from the premises, for at least 14 

consegutive days without notice to Landlord. If the rent is outstanding and unpaid for fourteen 

(14) 

days and there is no reasonable evidence, other than the presence of the Tenant(s)’ 

personal property, that the Tenant(s) are occupying the unit, Landlord may at Landlord’s 

option terminate this lease Agreement and regain possession in the manner prescribed by law. 

18. INSURANCE ~~ Tenant is admonished to secure a personal property insurance policy to cover 

any losses sustained to Tenant’s personal belongings or vehicle(s) and/or personal injury to, 

and damage to the personal property of, Tenant, tenant’s guests, invitees or uninvited visitors 

in or on|the premises. 

It is hereby acknowledged that Landlord does not maintain insurance to 

cover Igsses to Tenant’s personal property which may be caused by theft, vandalism, fire, rain, 

water/oyerflow/leakage, acts of God, or any other causes. 

It is hereby acknowledged that 

Landlord bears no liability for such occurrences. 

The Tepant further acknowledges that the landlord assumes no liability for personal injury 

damage] 

or loss of food, clothing, furniture, water damages, appliance failure, vandalism and 

mysteripus disappearance of Tenant's property. 

Tenant’s omission to maintain such a policy 

shall constitute a complete waiver of any right that may exist in Tenant to seek damages against 

Landlord for losses to Tenant’s personal property. Further, if Tenant, Tenant’s guests, invitees, 

or uninyited visitors are injured, or if any property of Tenant, Tenant’s guest, invitees or 

uninvited visitors is damaged, for any reason whatsoever, Tenant must give written notice of 

the injury or damage to Landlord within seven (7) days. of the occurrence. MK

19. 

20. 

21. 

22. 

23. 

24. 

25. 

26. 

27. 

HOLD HARMLESS ~ Tenant(s) shall indemnify, hold harmless, and expressly release 

Landlord from any and all liability for any damages or injury to Tenant(s), or any other 

person(s), or to any property, occurring on the premises. 

SMOKE DETECTORS ~ The premises are equipped with a smoke detection device(s), and 

Tenant(s) shall be responsible for reporting any problems, maintenance or repairs to Landlord. 

Replacing batteries is the responsibility of Tenant(s). $100 Charge for damaged or removed 

smoke detectors, that is a $100 charge for each smoke detector. 

ALARM SYSTEM ~ Tenant responsible for any alarm system. 

APPLIANCES ~ LANDLORD DOES NOT SERVICE APPLIANCES. 

DEFAULT ~ Tenant's failure to pay rent when due, or to perform any of its obligations 

hereunder (including the misrepresentation of any information in the application for this 

lease), shall constitute a default. If a default occurs, Landlord may, at its option, terminate 

this Iqase Agreement and regain possession of the premises in accordance with applicable 

law. Recovery of the premises by Landlord does not relieve Tenant of any obligation 

hereunder, and upon default, Landlord has the right to accelerate the rent due and demand 

immefliate payment. Tenant may not be liable for the total accelerated amount of rent due 

because of Landlord’s obligation to minimize damages through attempted re-entry of the 

premises. In the event of a default, it is understood that either party to this Agreement has the 

right 

to have a court determine the actual amount due and owing the other. If the Landlord 

terminates the lease, the Landlord may recover the Landlord's expenses for enforcing the 

Landlprd’s rights under the lease and applicable law, including court costs and attorney fees 

(see parpgraph #6 Court Costs and Fees). 

RULES 

AND REGULATIONS ~ Tenant(s), Tenants’ guests, invitees and uninvited visitors 

will comply with any rules and regulations of Landlord given to Tenant(s) from time to time, 

which 

will be incorporated into this lease by reference. Any violation of the Landlord's rules 

and regulations will constitute a default under this lease. 

ASSIGNMENT ~ Tenants’ leasehold interest may not be assigned or sublet in whole or in part 

without|the written consent of Landlord. 

NOTICES 

~ Any notice which either party may, or is required, to give hereunder may be 

personally served or sent by first class mail, postage prepaid to Tenant at the premises and 

Landlor(l at the address listed in paragraph 

1 or at such other places as may be designated in 

writing by the parties from time to time. 

BINDING EFFECT; APPLICABLE LAW ~ This lease shall be construed and enforced in 

accordance with the laws of the State of Michigan and shall be binding upon the parties and 

their respective successors, heirs, representatives and permitted assigns 

TOPICAL HEADINGS; ENTIRE AGREEMENT ~ Topical headings appearing in this lease 

are for convenience only. They do not define, limit or construe the contents of any paragraphs or 

clauses. Thijs document constitutes the entire Agreement between the Tenant(s) and Landlord. This 

Agreement ¢annot be modified except in writing and must be signed by all parties. Neither Landlord 

nor Tenant(s) have made any promises or representations, other than those set forth 

in this 

Agreement pnd those implied by law. 

The Tenant(s) were advised that signing below would 

MIL

indicate that they understood what they were signing. 

28. DALE CLEANING FEE ~ Tenants are 

to pay 

a NON-REFUNDABLE 

cleani 

deposit separate from the Security Deposit. 

ADDITIONAL CONDITIONS 

e 

Tenant shall be responsible for trash collection. 

e 

There shall bg no pets on the premises_unless pre-authorized by landlord. 

¢ 

Tenant shall be responsible for maintaining all lawn care, weed removal, vegetation overgrowth 

and snow removal. 

e 

Ifa drain issue arises, and plumber or any other repair man finds items in the drain that were 

flushed down |by the tenant, the tenant will be charged 110% of the cost to repair. Tenant shall 

not flush down the toilet anything except toilet paper. 

Tenant shall be responsible for maintaining working smoking detectors. 

Tenant shall he responsible for maintaining a Radon Detector and Carbon monoxide detectors 

in common areas. 

If tenant’s appliances do not conform to existing gas and electric lines, Tenant shall bear the 

sole cost of the modifications required. 

e 

If tenant fails to report a leaky faucet or running toilet, tenant will be held responsible for the 

accumulative water charges. 

v' 

In the event t¢nant makes 2 or more late payments within the first 

6 months of the lease, the 

landlord at thgi 

v" 

If the landlord 

ir own discretion may elect to cancel the lease. 

files any court action related to late payments or any other default in the lease, 

the tenant is responsible for all legal fees and court costs, not to exceed $500.00. 

ACCEPTANCE OF THE PROPERTY IN AS-IS CONDITION 

TENANT HEREBY AGREES AND ACCEPTS THE PROPERTY IN AS- 

AS-IS CONDITION. 

WHICH IS 

MADE. 

DEFINED AS NO NON-LIFE THREATING OR SAFETY REPAIRS WILL BE 

NOTE — Any safety isues will be repaired to condition at the time of lease. 

The Landlord reserves the sole right to cancel this lease if the tenant chronically pays late rent. “Chronic Late 

Payments” is defined as payments made 5 or more days past the due date more than three times from the date of the 

inception of the lease. 

MU

THERE IS NO AUTOMATIC RENEWAL OF LEASE AND LEASE SHALL BE CONSIDERED MONTH TO 

MONTH FOR ALL HOLDOVER TENANTS. 

LANDLORD: 

TENANT(S): 

LANDLORD SI{3! 

RE 

=n GC.» 

Mina, aso 

PRINT NAME 

A373 

ouUM20% 

DATE 

First Month Rent 

$1339.00 

Security Deposit 

$2009.00 

2 Months Pre-Paid Rent 

$2678.00 

Total 

$6026.00 

Credit in Month 3 (§1800 Hard Wood) 

($1800.00) 

May Rent (PAID IN 

FULL) 

June Rent (Credit $461.00 + 7 Days proration $312.00) 

JUNE BALANCE -$566 

AMOUNT PAID $ 

***** NEXT PAYMENT DUE June 

1 

- $566.00 ****

All households must 

DISCLOSURE OF INFORMATION ON LEABASED PAINT AND ITS HAZARDS 

cknowledge receipt of receiving the pamphlet, Protect Your Family from Lead in Your Home. 

I hereby certify that I 

If the housin 

unit, the remainder o) 

have received a copy of the pamphlet, Protect Your Family from Lead in Your Home. 

\g unit was built prior to 1978 and if a child age 6 or younger or a pregnant woman will be residing in the 

the form must be completed. 

Lead Warning Statement 

Housing built befol 

taken care of prope 

housing, landlords 

Owner/Landlord Dis 

@&- 

Pres 

[J 

Knol 

le 1978 may contain lead-based paint. Lead from paint, paint chips, and dust, can pose health hazards if not 

ly. 

Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 

ust disclose the presence of known lead-based paint or lead-based paint hazards in the dwelling. 

Tenants 

federally-approved pamphlet on lead poisoning prevention. 

closure (initial) 

ence of lead-based paint or lead-based paint hazards (check one below): 

n lead-based paint or lead based paint hazards are present in the unit (explain): 

er/Landlord has no knowledge of lead-based paint or lead-based paint hazards in the unit. 

rds and reports available to the Owner/Landlord (check one below): 

er/Landlord has provided the Tenant with all available re cords and reports pertaining to lead-based paint or 

based paint hazards in the unit (list documents below): 

D 

Ko 

Certification of Accu 

The following parties hi 

by the signatory is true 

er/Landlord has no reports or records pertaining to lead-based paint or lead-based paint hazards in the unit. 

ment 

) 

ment ( 

Tenant has received copies of all information listed above. 

SCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND ITS HAZARDS 

wledgment (initial) 

r’s/Landlord’s Agent has informed the Owner/Landlord of the Owner/Landlord obligations 

42 U.S.C. 4852(d) and is aware of his responsibility to ensure compliance. 

ave reviewed the information above and certi 

and accurate. 

of) 

fy, to the best of their knowledge, that the information provided 

2f (53 

i 

Date 

02(22% 

10

← View full record