Cooperative Apartment Sublease - New York City BY THIS AGREEMENT made and entered into on , 20 , between , herein referred to as Sublessor, and , herein referred to as Sublessee, Sublessor subleases to Sublessee, apartment number , on the floor in the cooperative building, situated at , Borough of , City and State of New York (hereinafter referred to as the “Apartment”) 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. Parent Lease. A lease for Apartment has been entered into on the day of , between (the “Cooperative”) as Lessor and Sublessor herein as Lessee (the ”Proprietary Lease”). This sublease is made pursuant to the Proprietary Lease. 2. Delivery of Possession. Sublessor shall deliver possession of Apartment to Sublessee on the date hereinabove mentioned as the date on which this sublease has commenced. If Sublessor fails to deliver possession of Apartment to Sublessee on such date, Sublessee may take recourse to any of the remedies provided by law with regard to failure of delivery of possession. Notwithstanding the foregoing, Sublessee agrees and acknowledges that this lease shall not commence until the occupancy of Apartment by the Sublessee has been approved by the Cooperative. 3. Cooperative Documents. Sublessee’s use and occupancy of Apartment is subject at all times to the Proprietary Lease, all applicable rules, regulations, resolutions and discussions of the Cooperative as amended and added to from time to time (collectively called as “Cooperative Documents”), copies of which have been provided to Sublessee. In case of any inconsistency between the Cooperative Documents and the provisions of this sublease, the Cooperative Documents shall prevail. The failure of Sublessee to perform or observe any of the duties and obligations applicable to Sublessee under the Cooperative Documents shall constitute a default under this sublease. 4. Rent. Sublessee agrees to pay, without demand, to Sublessor as rent for 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 Sublessor may designate. 5. Form of Payment. Sublessee agrees to pay rent each month in the form of personal check, or cashier’s check, or money order made out to . 6. Late Payments. For any rent payment not paid by the date due, Sublessee shall pay a late fee in the amount of Dollars ($ ). 7. Written Receipt. Sublessor shall, upon receipt of rent in any form other than by personal check for Apartment, give Sublessee a written receipt for the same, containing 2003 © American LegalNet, Inc. www.USCourtForms.com the date, the amount, the identity of Apartment and the signature and title of the person receiving such rent. In case Sublessee makes the rent payment by means of a personal check and requests for a written receipt, Sublessor shall provide a written receipt for the same in the above manner. 8. Returned Checks. If, for any reason, a check used by Sublessee to pay Sublessor is returned without having been paid, Sublessee 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 Sublessee’s check is returned, Sublessee must thereafter secure a cashier’s check or money order for payment of rent. 9. Security Deposit. On execution of this sublease, Sublessee deposits with Sublessor Dollars ($ ), receipt of which is acknowledged by Sublessor, as security for the faithful performance by Sublessee of the terms hereof. The deposited amount shall continue to be the property of Sublessee and shall be held in trust by Sublessor. This deposit shall be returned to Sublessee on the full and faithful performance by Sublessee of the provisions hereof. If Sublessor sells Apartment during the term of this sublease, Sublessor may give the security deposit to the buyer in which case Sublessor shall notify Sublessee by registered or certified mail of the same and the name and address of the buyer. In that event, Sublessee shall look only to the buyer for the return of the security deposit and Sublessor shall be deemed released. 10. Quiet Enjoyment. Sublessor covenants that on paying the rent and performing the covenants herein contained, Sublessee shall peacefully and quietly hold and enjoy Apartment for the agreed term, and also further covenants that Sublessor shall not willfully and/or intentionally interfere with the quiet enjoyment of Apartment by Sublessee during the above said period. 11. Use of Premises. Apartment shall be used and occupied by Sublessee exclusively as a private single family residence, and neither Apartment nor any part thereof shall be used at any time during the term of this sublease by Sublessee for carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family residence. Sublessee shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of Apartment, and the common areas connected thereto, during the term of this sublease. Sublessee shall not utilize any part of Apartment for any illegal use, occupancy, trade, manufacture or other business. Sublessee shall not deliberately or negligently destroy, deface, damage, impair, or remove any part of Apartment or knowingly permit any person to do so. Sublessee shall not engage in any objectionable conduct or behavior which will render Apartment or the building less fit to reside in. Sublessee shall act, and shall require others in Apartment with Sublessee’s consent to act in a manner that shall not disturb the peaceful enjoyment of the other residents in the building. Sublessee shall not have in Apartment any water-filled furniture including, without limitation, water beds without the prior written consent of Sublessor. 12. Number of Occupants. Apartment may be occupied by Sublessee, Sublessee’s immediate family and other permitted occupants, provided that Sublessee shall inform Sublessor of the name of any occupant within thirty (30) days following the commencement of occupancy of Apartment by such occupant. Sublessee agrees that at any given time during the term of this sublease, Apartment shall not be occupied by 2003 © American LegalNet, Inc. www.USCourtForms.com more than persons, consisting of adults and of years, without the written consent of Sublessor. children under the age 13. Condition of Apartment. Sublessee has examined Apartment, including the grounds and all buildings and improvements, and stipulates that they are, at the time of this sublease, in good order, repair, and a safe, clean, and tenantable condition. 14. Warranty of Habitability. Sublessor covenants and warrants that Apartment and all areas used in connection therewith are fit for human habitation and that the occupants of 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 Sublessee or persons under Sublessee’s direction or control, it shall not constitute a breach of the above said covenants and warranties by Sublessor. 15. Keys. Sublessee shall be given key[s] to Apartment and mailbox key[s]. If all keys are not returned to Sublessor following termination of sublease, Sublessee shall be charged Dollars ($ ). 16. Locks. Sublessee agrees not to change locks on any door or mailbox without first obtaining Sublessor’s written permission. Having obtained written permission, Sublessee agrees to pay for changing the locks and to provide Sublessor with one duplicate key per lock. Unless otherwise provided by law, Sublessee shall have the right to install and maintain a lock to the entrance door of Apartment, separate and apart from any lock installed and maintained by Sublessor, provided that a duplicate key to such lock shall be supplied to Sublessor upon request. Such lock shall not be more than three (3) inches in circumference. 17. Lockout. If Sublessee becomes locked out of Apartment after management’s regular stated business hours, Sublessee shall be required to secure a private locksmith to regain entry at Sublessee’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. Sublessor is not responsible for, nor does Sublessor 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 Sublessee who wishes to rent a parking space or garage must sign a parking space or garage rental agreement. 19. Subletting and Assignment. Without the prior written consent of Sublessor and subject to the terms of the Cooperative Documents, Sublessee shall not assign this sublease, or further sublet or grant any concession or license to use Apartment or any part thereof. If Sublessee intends to so assign, further sublet, grant any concession or license this sublease, Sublessee shall inform Sublessor of such intent by mailing a notice of such intent to Sublessor by certified mail, return receipt requested, providing the following information as well as any other information as may be required by law. A consent by Sublessor and Cooperative to one assignment, further subletting, concession, or license shall not be deemed to be consent to any subsequent assignment, further subletting, concession, or license. An assignment, further subletting, concession, or license without the prior written consent of Sublessor, or an assignment 2003 © American LegalNet, Inc. www.USCourtForms.com or further subletting by operation of law, shall be void and shall, at Sublessor’s option, terminate this sublease. 20. Alterations and Improvements. Sublessee shall make no alterations to Apartment or make other improvements in Apartment without the prior written consent of Sublessor and subject to the terms of the Cooperative Documents. All alterations, changes, and improvements built, constructed, or placed in Apartment by Sublessee, with the exception of fixtures removable without damage to Apartment and movable personal property, shall, unless otherwise provided by written agreement between Sublessor and Sublessee, be the property of Sublessor and remain in Apartment at the expiration or sooner termination of this sublease. 21. Damage to Premises. Sublessee shall give Sublessor immediate notice in case of fire or other damage to Apartment or any part thereof. If such damage is not due to Sublessee’s negligence or willful act or that of Sublessee’s employee, family, agent, or visitor, the premises shall be promptly repaired by Sublessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, Apartment may have been untenantable; but, if Apartment should be damaged other than by Sublessee’s negligence or willful act or that of Sublessee’s employee, family, agent, or visitor, to the extent that Sublessor shall decide not to rebuild or repair, the term of this sublease 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 sublease shall be adjusted to the date on which this sublease so ends. 22. Dangerous Materials. Sublessee shall not keep or have in Apartment any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire in Apartment or that might be considered hazardous or extra hazardous by any responsible insurance company. 23. Utilities. Cooperative shall provide adequate lighting in all rooms of Apartment. Cooperative shall provide an adequate supply of water to Apartment during all hours throughout the term of this sublease. If required by law, such provision shall include both hot and cold water. Cooperative shall provide Apartment with heat or the equipment or facilities therefor, unless Apartment is exempted from such provision by law. Between October first and May thirty-first of every year during the term of this sublease, such heat and the equipment or facilities therefor shall be sufficient to maintain the minimum temperatures as required by law, in all portions of Apartment used or occupied for living purposes. In addition to the foregoing, the following services shall be deemed to be included in the rent for Apartment: . If Sublessor and Cooperative are not able to, or are delayed in providing any services for which Sublessor and Cooperative are responsible, due to any cause beyond Sublessor’s and Cooperative’s reasonable control, Sublessor shall not be liable for such inability or delay. 24. Maintenance and Repair. Sublessee shall, at Sublessee’s sole expense, keep and maintain Apartment and appurtenances in good and sanitary condition and repair during the term of this sublease and any renewal thereof. In particular, Sublessee shall keep every room, floor, window, door, wall, ceiling, water closet or toilet compartment, cess pool and drain, among others, fixtures in or about Apartment in or about 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 2003 © American LegalNet, Inc. www.USCourtForms.com whenever damage thereto shall have resulted from Sublessee’s misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of Apartment, not due to Sublessee’s misuse, waste, or neglect or that of Sublessee’s employee, family, agent, or visitor, shall be the responsibility of Sublessor. If the building has elevator equipment, Cooperative shall be responsible for the proper functioning and maintenance of the elevator, as may be required by law. If Sublessor is not able to, or is delayed in making any repairs for which Sublessor is responsible, due to any cause beyond Sublessor’s reasonable control, Sublessor shall not be liable for such inability or delay. Sublessee agrees that no signs shall be placed or painting done in or about Apartment by Sublessee or at his direction without the prior written consent of Sublessor subject to the rules and regulations contained in cooperative documents. Sublessee shall ensure that none of the above requirements is violated by Sublessee, members of Sublessee’s family or Sublessee’s guests. Sublessor shall not be liable for any hazards resulting out of Sublessee’s willful acts or negligence. 25. Painting. Cooperative reserves the right to determine when Apartment shall be painted unless there is any law to the contrary. 26. Insurance. Sublessor has obtained insurance to cover fire damage to the building itself and liability insurance to cover certain personal injuries occurring as a result of property defects or Sublessor’s negligence. Sublessor’s insurance does not cover Sublessee’s possessions or Sublessee’s negligence. Sublessee may obtain a Sublessee’s insurance policy to cover damage or loss of personal possessions, as well as losses resulting from their negligence, but not furnishings provided by Sublessor. 27. Pets. Pets shall not be allowed without the prior written consent of Sublessor and subject to the Cooperative Documents. At the time of signing this sublease, Sublessee shall pay to Sublessor, in trust, a deposit of Dollars ($ ), to be held and disbursed for pet damages to Apartment (if any) as provided by law. This deposit is in addition to any other security deposit stated in this sublease. Any Sublessee who wishes to keep a pet in the rented unit must sign a pet agreement addendum. 28. Right of Inspection. Sublessor and Sublessor’s agents or employees or agents of Cooperative shall have the right, at all reasonable times during the term of this sublease and on reasonable notice, to enter Apartment, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit Apartment to prospective or actual purchasers, mortgagees, workmen or contractors. Sublessor or Sublessor’s agent or employees or agents of Cooperative may enter Apartment without Sublessee’s consent in case of an emergency. 29. Display of Signs. During the last days of this sublease, Sublessor or Sublessor’s agents shall have the privilege of displaying the usual “For Sale,” or “For Rent,” or “Vacancy” signs outside Apartment and of showing Apartment to prospective tenants. 30. Rules and Regulations. Cooperative’s existing rules and regulations, if any, shall be signed by Sublessee, attached to this agreement and incorporated into it. Cooperative may adopt and amend these rules and regulations at a later time subject to applicable laws. 31. Subordination of Sublease. This sublease and Sublessee’s sublease hold 2003 © American LegalNet, Inc. www.USCourtForms.com interest hereunder are and shall be subject, subordinate, and inferior to the Cooperative Documents, any liens or encumbrances now or hereafter placed on Apartment by Sublessor, 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. 32. Consent. Sublessee shall furnish to Cooperative or its managing agent promptly, such personal and financial references and information as may be requested in order to obtain the consent of Cooperative to this sublease. Sublessee shall complete and participate in the application process as advised by Cooperative, which process may include one of more interviews of the Sublessee or any of the other occupants. 33. Holdover by Sublessee. Should Sublessee remain in possession of Apartment after the natural expiration of this sublease, Sublessor may proceed, in any manner permitted by law, to remove Sublessee from Apartment. However, if Sublessor accepts rent for any period subsequent to the expiration of the term of this sublease, 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 Sublessor or Sublessee on the other party. 34. Surrender of Premises. At the expiration of the sublease term, Sublessee shall quit and surrender Apartment in as good state and condition as it was at the commencement of this sublease, reasonable use and wear thereof and damages by elements excepted. Sublessee shall not be deemed to have quit possession of Apartment until all persons, furniture and other property of Sublessee are removed from the same. If Cooperative imposes any move-out deposits or fees, Sublessee shall pay any such deposit or fee when requested by Cooperative. 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 sublease, at the option of Sublessor and to the extent permitted by law, shall terminate and be forfeited in the manner provided by law, and Sublessor may re-enter Apartment and remove all persons therefrom to the extent permitted by law. 36. Abandonment. If at any time during the term of this sublease, Sublessee abandons Apartment or any part thereof, Sublessor may, at Sublessor’s option, enter Apartment by any means without being liable for any prosecution therefor, and without becoming liable to Sublessee for damages or for any payment of any kind whatever, and may, at Sublessor’s discretion, as the agent of Sublessee, re-let 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 Sublessor’s option, may hold Sublessee liable for any difference between the rent that would have been payable under this sublease during the balance of the unexpired term, if this sublease had continued in force, and the net rent for such period realized by Sublessor by means of such re-letting. If Sublessor’s right of re-entry is exercised following abandonment of Apartment by Sublessee, then Sublessor may consider any personal property belonging to Sublessee and left on Apartment to also have been abandoned, in which case Sublessor may dispose of all such personal property in any manner Sublessor shall 2003 © American LegalNet, Inc. www.USCourtForms.com deem proper and is hereby relieved of all liability for doing so. 37. Termination of Proprietary Lease. Sublessee hereby acknowledges that upon the termination of the Proprietary Lease by Cooperative, this sublease shall also terminate and end within thirty (30) days therefrom. 38. Public Taking. During the term of this sublease, if the building in which Apartment is located is acquired or condemned by the government or an agency thereof, this sublease shall end on the date of transfer of title to the government or such agency, and Sublessor shall not be liable to Sublessee for any damage caused to Sublessee by such acquisition or condemnation. 39. 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 sublease. 40. Window Guards. Sublessee shall complete and deliver to Cooperative or Sublessor, as the case may be, when requested, a notice with respect to the installation of window guards in Apartment in the form required by law. Sublessee agrees and acknowledges that it is a violation of law to refuse the installation of or tamper with or remove window guards where required. 41. Broker(s). Sublessee represents that Sublessee has not dealt with or used the services of any real estate broker(s) in connection with this sublease other than , who is Sublessee’s real estate broker in connection with such sublease. Sublessee shall compensate such broker(s) in accordance with a separate agreement and shall indemnify and hold harmless Sublessor and Cooperative from any and all loss or obligation incurred by Lessor or Cooperative as a result of a breach of the foregoing. 42. Sublessor’s Default. If Sublessor defaults in the payment to Cooperative of any charges payable with respect to Apartment and Sublessee is notified and instructed by Cooperative to pay all or a portion of the rent under this Agreement to Cooperative, then Sublessee shall pay such amounts of the rent to Cooperative until such time as Cooperative advises that Sublessor’s default has been cured. Sublessor agrees and acknowledges that if Sublessee pays any installment of rent payable under this Agreement to Cooperative as provided, Sublessee has satisfied its obligation to pay such amount under this Agreement. Nothing contained in this section shall suspend or modify Sublessee’s obligation to pay rent under this Agreement. 43. Radon Gas Disclosure. As required by law, Sublessor 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 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. 44. 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, Sublessors must disclose the presence of known leadbased paint and/or lead-based paint hazards in the dwelling. Sublessees must also 2003 © American LegalNet, Inc. www.USCourtForms.com receive a federally approved pamphlet on lead poisoning prevention.” 45. Other Disclosures (if any). 46. Severability. If any portion of this sublease 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 sublease 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. 47. Entire Agreement. Sublessee has read this sublease. All promises made by Sublessor and all agreements between Sublessor and Sublessee are contained in this sublease. This sublease may be amended only by a written amendment signed by both parties. 48. Liability. Sublessor shall not be liable for any loss, expense or damage to any person or property, unless it is due to Sublessor’s negligence. Sublessee is responsible for all acts or omissions of Sublessee’s family, employees, guests or invitees. 49. Ordinances and Statutes. Sublessee 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 Apartment. Sublessee shall obey all of the Cooperative Documents other than those provisions of the Cooperative Documents specifically required to be performed by Sublessor. 50. Notices. All notices pursuant to this agreement shall be in writing, and shall be signed and properly addressed. If to Sublessor, notice shall be mailed to Sublessor’s address set forth in the preamble of this sublease or such other address as Sublessor may specify to Sublessee by notice. If to Sublessee, notice shall be mailed to Apartment. 51. Paragraph Headings. The paragraph headings are for convenience only. 52. Choice of Law. This sublease 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. 53. Sublessor’s Additional Remedies. In addition to the remedies set forth in this sublease, if Sublessee does not comply with the terms of this sublease or does anything which shows Sublessee’s intention not to comply with the terms of this sublease, Sublessor has the right to approach courts seeking specific performance or such other relief as courts may deem fit. 54. Other Terms: IN WITNESS WHEREOF, the parties have executed this sublease at month and year first above written. , the day, Signed in the presence of: Witness: Sublessor: 2003 © American LegalNet, Inc. www.USCourtForms.com Witness: Sublessee: 2003 © American LegalNet, Inc. www.USCourtForms.com Guaranty The undersigned Guarantor guarantees to Sublessor strict performance and observance by Sublessee of all obligations under this sublease, as the same may be amended, modified or supplemented. Guarantor hereby waives any notice requirements if Sublessee commits any default of this sublease, and shall be jointly and severally liable with Sublessee such that Sublessor can proceed directly against Guarantor in a court of competent jurisdiction without first proceeding against Sublessee. This guaranty shall remain in effect throughout the term of the above sublease 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