Condominium Apartment Lease - New York City BY THIS AGREEMENT made and entered into on , 20 , between , herein referred to as Lessor, and , herein referred to as Lessee, Lessor leases to Lessee, apartment number (hereinafter referred to as the Apartment), on the floor in the building, which is known as the condominium (hereinafter referred to as the Condominium) situated at , Borough of , City and State of New York together with all appurtenances, for a term of year[s], to commence on , 20 , and to end on , 20 , at o’clock .m., on the following terms and conditions: 1. Definitions. Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the New York Condominium Act. 2. Delivery of Possession. Lessor shall deliver possession of the Apartment to Lessee on the date hereinabove mentioned as the date on which this lease has commenced. If Lessor fails to deliver possession of the Apartment to Lessee on such date, Lessee may take recourse to any of the remedies provided by law with regard to failure of delivery of possession. 3. Condominium Documents. Lessee acknowledges that the Apartment is part of a condominium unit, and therefore Lessee’s use and occupancy of the Apartment is subject at all times to the declaration of Condominium, all applicable rules, regulations, resolutions and decisions of the Condominium and the by-laws of the condominium association as amended and added to from time to time (the declaration, rules, regulations, resolutions, decisions and by-laws collectively called as “Condominium Documents”), copies of which have been provided to Lessee. In case of an inconsistency between the Condominium Documents and the provisions of this Lease, the Condominium Documents shall prevail. The failure of Lessee to perform or observe any of the duties and obligations applicable to Lessee under the Condominium Documents shall constitute default under this Lease. Lessee shall indemnify Lessor and hold it harmless from any damages, direct or indirect, as a result of such nonperformance by Lessee. 4. Rent. Lessee agrees to pay, without demand, to Lessor as rent for the Apartment the sum of Dollars ($ ) per month in advance on the day of each calendar month beginning , 20 , at , City of , State of , or at such other place as Lessor may designate. 5. Form of Payment. Lessee agrees to pay rent each month in the form of one personal check, OR one cashier’s check, OR one money order made out to . 6. Late Payments. For any rent payment not paid by the date due, Lessee shall pay a late fee in the amount of Dollars ($ ). 7. Written Receipt. Lessor shall, upon receipt of rent in any form other than by 2003 © American LegalNet, Inc. www.USCourtForms.com personal check for the Apartment, give Lessee a written receipt for the same, containing the date, the amount, the identity of the Apartment and the signature and title of the person receiving such rent. In case Lessee makes the rent payment by means of a personal check and requests for a written receipt, Lessor shall provide a written receipt for the same in the above manner. 8. Returned Checks. If, for any reason, a check used by Lessee to pay Lessor is returned without having been paid, Lessee shall pay a charge of Dollars ($ ) as additional rent AND take whatever other consequences there might be in making a late payment. After the second time a Lessee’s check is returned, Lessee must thereafter secure a cashier’s check or money order for payment of rent. 9. Security Deposit. On execution of this lease, Lessee deposits with Lessor Dollars ($ ), receipt of which is acknowledged by Lessor, as security for the faithful performance by Lessee of the terms hereof. If the building in which the Apartment is located consists of six (6) or more apartments, Lessor shall deposit the above amount in an interest bearing account in a banking organization within the State of New York, earning the prevailing interest rate as in other banking organizations in such area and shall furnish the details of such account to Lessee. The deposited amount shall continue to be the property of Lessee and shall be held in trust by Lessor. If the amount is deposited in an interest bearing account by Lessor, Lessor shall be entitled to receive, as administrative expenses, a sum equivalent to one per cent (1%) per annum upon the security deposit, which shall be in lieu of all other administrative and custodial expenses. This deposit along with interest (if required by law) shall be returned to Lessee on the full and faithful performance by Lessee of the provisions hereof. If Lessor sells the Apartment during the term of this lease, Lessor may give the security deposit to the buyer in which case Lessor shall notify Lessee by registered or certified mail of the same and the name and address of the buyer. In that event, Lessee shall look only to the buyer for the return of the security deposit and Lessor shall be deemed released. 10. Quiet Enjoyment. Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold, and enjoy the Apartment for the agreed term, and also further covenants that Lessor shall not willfully and/or intentionally interfere with the quiet enjoyment of the Apartment by Lessee during the above said period. 11. Use of Premises. The Apartment shall be used and occupied by Lessee exclusively as a private single family residence, and neither the Apartment nor any part thereof shall be used at any time during the term of this lease by Lessee for carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family residence. Lessee shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the Apartment, and the common areas connected thereto, during the term of this lease. Lessee shall not utilize any part of the Apartment for any illegal use, occupancy, trade, manufacture or other business. Lessee shall not deliberately or negligently destroy, deface, damage, impair, or remove any part of the Apartment or knowingly permit any person to do so. Lessee shall not engage in any objectionable conduct or behavior which will render the Apartment or the building less fit to reside in. Lessee shall act, and shall require others in the Apartment with Lessee’s consent to act in a manner that shall not disturb the peaceful enjoyment of the other residents in the building. Lessee shall not have in the Apartment any water-filled furniture including, 2003 © American LegalNet, Inc. www.USCourtForms.com without limitation, water beds without the prior written consent of Lessor. 12. Number of Occupants. The Apartment may be occupied by Lessee, Lessee’s immediate family and occupants as defined and permitted by law, provided that Lessee shall inform Lessor of the name of any occupant within thirty days following the commencement of occupancy of the Apartment by such occupant. Lessee agrees that at any given time during the term of this lease, the Apartment shall not be occupied by more than persons, consisting of adults and children under the age of years, without the written consent of Lessor. 13. Condition of Apartment. Lessee has examined the Apartment, including the grounds and all buildings and improvements, and stipulates that they are, at the time of this lease, in good order, repair, and a safe, clean, and tenantable condition. 14. Warranty of Habitability. Lessor covenants and warrants that the Apartment and all areas used in connection therewith are fit for human habitation and that the occupants of the Apartment shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. If any of the above said conditions is caused due to the misconduct of Lessee or persons under Lessee’s direction or control, it shall not constitute a breach of the above said covenants and warranties by Lessor. 15. Keys. Lessee shall be given key[s] to the Apartment and mailbox key[s]. If all keys are not returned to Lessor following termination of lease, Lessee shall be charged Dollars ($ ). 16. Locks. Lessee agrees not to change locks on any door or mailbox without first obtaining Lessor’s written permission. Having obtained written permission, Lessee agrees to pay for changing the locks and to provide Lessor with one duplicate key per lock. Unless otherwise provided by law, Lessee shall have the right to install and maintain a lock to the entrance door of the Apartment, separate and apart from any lock installed and maintained by Lessor, provided that a duplicate key to such lock shall be supplied to Lessor upon request. Such lock shall not be more than three (3) inches in circumference. 17. Lockout. If Lessee becomes locked out of the Apartment after management’s regular stated business hours, Lessee shall be required to secure a private locksmith to regain entry at Lessee’s sole expense. 18. Parking. Any parking that may be provided is strictly self-park and is at owner’s risk. Parking fees are for a license to park only. No bailment or bailee custody is intended. Lessor is not responsible for, nor does Lessor assume any liability for damages caused by fire, theft, casualty or any other cause whatsoever with respect to any car or its contents. Snow removal is the responsibility of the car owner. Any lessee who wishes to rent a parking space or garage must sign a parking space or garage rental agreement. 19. Assignment and Subletting. Without the prior written consent of Lessor, Lessee shall not assign this lease, or sublet or grant any concession or license to use the premises or any part thereof provided such assignment, subletting, concession or license is permitted by the Condominium Documents. If Lessee intends to so assign, 2003 © American LegalNet, Inc. www.USCourtForms.com sublet, grant any concession or license this lease, Lessee shall inform Lessor of such intent by mailing a notice of such intent to Lessor by certified mail, return receipt requested, providing the following information as well as any other information as may be required by law: (i) the term of the sublease, (ii) the name of the proposed sublessee, (iii) the business and permanent home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) the tenant's address for the term of the sublease, (vi) the written consent of any cotenant or guarantor of the lease, and (vii) a copy of the proposed sublease, to which a copy of the tenant's lease shall be attached if available, acknowledged by the tenant and proposed subtenant as being a true copy of such sublease. If Lessor unreasonably withholds consent, Lessee may request Lessor to release Lessee from this lease upon a thirty (30) days notice to Lessor. A consent by Lessor to one assignment, subletting, concession, or license shall not be deemed to be consent to any subsequent assignment, subletting, concession, or license. An assignment, subletting, concession, or license without the prior written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at Lessor’s option, terminate this lease. 20. Alterations and Improvements. Lessee shall not make any additions or alterations to the Apartment without the prior written consent of Lessor who shall adhere to the requirements of the Condominium Act in giving or denying such consent. Lessee shall not make any alterations to the Common Interest having a permanent character, unless the prior consent of all unit owners, expressed in the Declaration, are obtained. 21. Damage to Premises. Lessee shall not jeopardize the soundness or safety of the Apartment, reduce the value thereof or impair any easement or hereditament. Lessee shall give Lessor immediate notice in case of fire or other damage to the Apartment or any part thereof. If such damage is not due to Lessee’s negligence or willful act or that of Lessee’s employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the Apartment may have been untenantable; but, if the Apartment should be damaged other than by Lessee’s negligence or willful act or that of the occupant, Lessee’s employee, family, agent, or visitor, to the extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and the rent shall be prorated up to the time of the damage. Any rent paid in advance or which may have accrued by the terms of this lease shall be adjusted to the date on which this lease so ends. 22. Dangerous Materials. Lessee shall not keep or have in the Apartment any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire in the Apartment or that might be considered hazardous or extra hazardous by any responsible insurance company. 23. Utilities. Lessor shall provide adequate lighting in all rooms of the Apartment. Lessor shall provide an adequate supply of water to the Apartment during all hours throughout the term of this lease. If required by law, such provision shall include both hot and cold water. In either case, Lessor shall provide appliances to receive and distribute the water so supplied. Lessor shall provide the Apartment with heat or the equipment or facilities therefor, unless the Apartment is exempted from such provision by law. Between October first and May thirty-first of every year during the term of this lease, such heat and the equipment or facilities therefor shall be sufficient to maintain the minimum temperatures as required by law, in all portions of the Apartment used or 2003 © American LegalNet, Inc. www.USCourtForms.com occupied for living purposes. In addition to the foregoing, the following services shall be deemed to be included in the rent for the Apartment: . If Lessor is not able to, or is delayed in providing any services for which Lessor is responsible, due to any cause beyond Lessor’s reasonable control, Lessor shall not be liable for such inability or delay. 24. Maintenance and Repair. Lessee shall, at Lessee’s sole expense, keep and maintain the Apartment and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Lessee shall keep every room, floor, window, door, wall, ceiling, water closet or toilet compartment, cess pool and drain, among others, in or about the Apartment in good order and repair; keep the furnace clean; keep the electric bells in order; keep the walks (if applicable) free from dirt and debris; and, at his sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee’s misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the Apartment, not due to Lessee’s misuse, waste, or neglect or that of Lessee’s employee, family, agent, or visitor, shall be the responsibility of Lessor. If the building has elevator equipment, Lessor shall be responsible for the proper functioning and maintenance of the elevator, as may be required by law. If Lessor is not able to, or is delayed in making any repairs for which Lessor is responsible, due to any cause beyond Lessor’s reasonable control, Lessor shall not be liable for such inability or delay. Lessee agrees that no signs shall be placed or painting done in or about the Apartment by Lessee or at his direction without the prior written consent of Lessor. Lessee shall ensure that none of the above requirements is violated by Lessee, members of Lessee’s family or Lessee’s guests. Lessor shall not be liable for any hazards resulting out of Lessee’s willful acts or negligence. Damage to or destruction of the building shall be promptly repaired and reconstructed by the Condominium. 25. Common Charges and Expenses. The Common Expenses (expenses incurred in maintaining Common Interests) shall be charged to Lessor in the manner provided by law. 26. Painting. Lessor reserves the right to determine when the Apartment shall be painted unless there is any law to the contrary. 27. Insurance. Lessor has obtained personal liability to cover certain personal injuries occurring as a result of property defects or Lessor’s negligence. Lessor’s insurance does not cover Lessee’s possessions or Lessee’s negligence. Lessee may obtain a lessee’s insurance policy to cover damage or loss of personal possessions, as well as losses resulting from their negligence. Should the Condominium Documents or majority of the apartment owners require the Condominium to insure the building, the Condominium shall insure the building against loss or damage by fire and such other hazards. 28. Pets. Pets shall not be allowed without the prior written consent of Lessor and subject to the Condominium Documents. At the time of signing this lease, Lessee shall pay to Lessor, in trust, a deposit of Dollars ($ ), to be held and disbursed for pet damages to the Apartment (if any) as provided by law. This deposit is in addition to any other security deposit stated in this lease. Any lessee who wishes to keep a pet in the rented unit must sign a pet agreement addendum. 2003 © American LegalNet, Inc. www.USCourtForms.com 29. Right of Inspection. Lessor and Lessor’s agents shall have the right, at all reasonable times during the term of this lease and on reasonable notice, to enter the Apartment, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the Apartment to prospective or actual purchasers, mortgagees, workmen or contractors. Lessor or Lessor’s agent may enter the Apartment without Lessee’s consent in case of an emergency. 30. Display of Signs. During the last days of this lease, Lessor or Lessor’s agents shall have the privilege of displaying the usual “For Sale,” or “For Rent,” or “Vacancy” signs outside the Apartment and of showing the Apartment to prospective tenants. 31. Rules and Regulations. Lessor’s existing rules and regulations, if any, shall be signed by Lessee, attached to this agreement and incorporated into it. Lessor may adopt other rules and regulations at a later time provided that they have a legitimate purpose, do not modify Lessee’s rights substantially and do not become effective without notice of at least two (2) weeks. 32. Subordination of Lease. This lease and Lessee’s leasehold interest hereunder are and shall be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the Apartment by Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 33. Holdover by Lessee. Should Lessee remain in possession of the Apartment after the natural expiration of this lease, Lessor may proceed, in any manner permitted by law, to remove Lessee from the Apartment. However, if Lessor accepts rent for any period subsequent to the expiration of the term of this lease, then, unless an agreement, either express or implied, is made providing otherwise, the tenancy created by the acceptance of such rent shall be a tenancy from month to month commencing on the first day after the expiration of the said term, which shall be subject to all the terms and conditions hereof but shall be terminated on days’ written notice served by either Lessor or Lessee on the other party. 34. Surrender of Premises. At the expiration of the lease term, Lessee shall quit and surrender the Apartment in as good state and condition as it was at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted. Lessee shall not be deemed to have quit possession of the Apartment until all persons, furniture and other property of Lessee are removed from the same. If the Condominium imposes any move-out deposits or fees, Lessee shall pay any such deposit or fee when requested by the Condominium. 35. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any other term or condition hereof, this lease, at the option of Lessor and to the extent permitted by law, shall terminate and be forfeited in the manner provided by law, and Lessor may re-enter the Apartment and remove all persons therefrom to the extent permitted by law. 36. Abandonment. If at any time during the term of this lease, Lessee abandons the 2003 © American LegalNet, Inc. www.USCourtForms.com Apartment or any part thereof, Lessor may, at Lessor’s option, enter the Apartment by any means without being liable for any prosecution therefor, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at Lessor’s discretion, as the agent of Lessee, re-let the Apartment, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such re-letting, and, at Lessor’s option, may hold Lessee liable for any difference between the rent that would have been payable under this lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for such period realized by Lessor by means of such re-letting. If Lessor’s right of reentry is exercised following abandonment of the Apartment by Lessee, then Lessor may consider any personal property belonging to Lessee and left on the Apartment to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so. 37. Public Taking. During the term of this lease, if the building in which the Apartment is located is acquired or condemned by the government or an agency thereof, this lease shall end on the date of transfer of title to the government or such agency, and Lessor shall not be liable to Lessee for any damage caused to Lessee by such acquisition or condemnation. 38. Broker(s). Lessee represents that Lessee has not dealt with or used the services of any real estate broker(s) in connection with the leasing of the Apartment other than , who is Lessee’s real estate broker in connection with such leasing. Lessee shall compensate such broker(s) in accordance with a separate agreement and shall indemnify and hold harmless Lessor from any and all loss or obligation incurred by Lessor as a result of a breach of the foregoing. 39. Window Guards. Lessee shall complete and deliver to the Condominium or Lessor, as the case may be, when requested, a notice with respect to the installation of window guards in the Apartment in the form required by law. Lessee agrees and acknowledges that it is a violation of law to refuse the installation of or tamper with or remove window guards where required. 40. Lessor’s Default. If Lessor defaults in the payment to the Condominium of any charges payable with respect to the Apartment and Lessee is notified and instructed by the Condominium to pay all or a portion of the rent under this Agreement to the Condominium, then Lessee shall pay such amounts of the rent to the Condominium until such time as the Condominium advises that Lessor’s default has been cured. Lessor agrees and acknowledges that if Lessee pays any installment of rent payable under this Agreement to the Condominium as provided, Lessee has satisfied its obligation to pay such amount under this Agreement. Nothing contained in this section shall suspend or modify Lessee’s obligation to pay rent under this Agreement. 41. Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this lease. 42. Radon Gas Disclosure. As required by law, Lessor makes the following disclosure: “Radon Gas” is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons 2003 © American LegalNet, Inc. www.USCourtForms.com who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in New York. Additional information regarding radon and radon testing may be obtained from your county public health unit. 43. Lead Paint Disclosure. “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 leadbased paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.” 44. Other Disclosures (if any). 45. Severability. If any portion of this lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. 46. Entire Agreement. Lessee has read this lease. All promises made by Lessor and all agreements between Lessor and Lessee are contained in this lease. This lease may be amended only by a written amendment signed by both parties. 47. Liability. Lessor shall not be liable for any loss, expense or damage to any person or property, unless it is due to Lessor’s negligence. Lessee is responsible for all acts or omissions of Lessee’s family, employees, guests or invitees. 48. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, and which may hereafter be in force, pertaining to the use of the Apartment. Lessee shall obey all of the Condominium Documents other than those provisions of the Condominium Documents specifically required to be performed by Lessor. 49. Notices. All notices pursuant to this agreement shall be in writing, and shall be signed and properly addressed. If to Lessor, notice shall be mailed to Lessor’s address set forth in the preamble of this lease or such other address as Lessor may specify to Lessee by notice. If to Lessee, notice shall be mailed to the Apartment. 50. Paragraph Headings. The paragraph headings are for convenience only. 51. Choice of Law. This lease shall be governed by the laws of the State of New York, and all disputes shall be subject to the jurisdiction of the courts of the State of New York. 52. Lessor’s Additional Remedies. In addition to the remedies set forth in this lease, if Lessee does not comply with the terms of this lease or does anything which shows Lessee’s intention not to comply with the terms of this lease, Lessor has the right to approach courts seeking specific performance or such other relief as courts may deem fit. 53. Other Terms: 2003 © American LegalNet, Inc. www.USCourtForms.com IN WITNESS WHEREOF, the parties have executed this lease at and year first above written. , the day, month Signed in the presence of: Witness: Lessor: Witness: Lessee: 2003 © American LegalNet, Inc. www.USCourtForms.com Guaranty The undersigned Guarantor guarantees to Lessor strict performance and observance by Lessee of all obligations under this lease, as the same may be amended, modified or supplemented. Guarantor hereby waives any notice requirements if Lessee commits any default of this lease, and shall be jointly and severally liable with Lessee such that Lessor can proceed directly against Guarantor in a court of competent jurisdiction without first proceeding against Lessee. This guaranty shall remain in effect throughout the term of the above lease and any extension thereof. Dated this day of , 20 . Witness: Signature of Guarantor: Print Name of Guarantor: Address of Guarantor: NOTICE: State law establishes rights and obligations for parties to rental agreements. 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 in your state. Contact your local county real estate board for additional forms that may be required to meet your specific needs. 2003 © American LegalNet, Inc. www.USCourtForms.com