The Unit ma y only be used stri ctly for re sidential purposes a nd may only be occupi ed by Tenant and Tenant's spouse and children.
Inability to Give ossession
The failure of Landlord to give Tenant possession of the Unit on the Commencement Date shall not create liability for Landlord. In the event that possession of the Unit is n ot delivere d on the Co mmencement Date, Monthly Ren t hereun der shall b egin on the date that possession of the Unit is delivered to Tenant and shall be prorated for that portion of the month in which possession is delivered.
Tenant shall pay Monthly Rent in full on the first day of each month of the Lease. Monthly Rent shall be paid in advance with non otice being required from Landlord. Tenant shall not deduct any sums from the Monthly Rent unless Landlord consents thereto in writing.
Upon signing this Lea se, Tenant shall pay Landlord the first Monthly Rent due and the Security Deposit. The entire amount of rent due for the Lease Term is due upon signing this Lease; ho wever, Landi ord consents to the Tenant payin g same i n monthly in stallments p rovided there exists no defaults by Tenant under the terms of this Lease.
Additional Rent may include, but is not limited to any additional insurance premiums and /or expenses paid by Landlord whi ch a re chargeable to T enant a s stated hereinafter. Additional Rent is due and payable with the Monthly Rent for the next month afte r Tenant receives notice form Landi ord tha t Additional Rent is d ue and payable.
4 Condition of Unit
Tenant acknowledges Iha t Tenant is accepting the
Tenant i s responsible for paying all electri c, ga s, water, telephone and any other utilitie s allocated to the Unit. Use o fa dishwash er, clothes wash er and dryer machines, freezer, ai r purifier, port able h eater, air conditioner o r simila rap pliances is prohibited wi thou! Landlord's written consent.
Landlord will supply (a) heat, in such quantity and for such time as mandated by law, (b) hot and cold water, (c) air conditioning, if already existing in the Unit, (d) garbage removal fro m the Prem ises (the "Services"). If the Services a re temporarily interrupted due to an accident, emergency and/or re pairs, Te nant's obligation to pay rent, in full, shall not be affected thereby .
Landlord will also su pply a refrigerator, stove/oven, dishwasher, window air conditioning unit, clothes washer and clothes dryer (the "Appliances "). Any damage to the Appliances which is caused by the willful and/or negligent acts of Tenant may be repaired by Landlord, the cost of which shall be Additional Rent.
The Unit is being delivered (furnished) (unfurnished). If furnish ed, Landi ord h as give n an inventory o f the furnishings which inventory has be en signed by Te nant and L andlord. Tenan t ackno wledges th at said furnishings a re in goo d condition a nd Tenant a ccepts same in "as is" condition.
&. epairs and lterations
Tenant shall maintain al I applia nces, equip ment, furniture, fu rnishings a nd oth er p ersonal p roperty included under this Lease and, upon the surrender of the Unit on the Termination Date, Ten ant shall surrender same to Landlord i n the same condition a s re ceived, reasonable wear and tear excepted. Tenant shall make all repairs which become necessary due to Tenant's acts and/or n egligence. If Tenant do es not make such
Unit in it s
"as is" co ndition. Ten ant furthe r
repairs, Land lord may do so, the cost of which sh all be
acknowledges that Ten ant has tho roughly inspected the Unit and has found the Unit to be in good o rder and repair an d that the appl iances, if a ny, are in good operating condition. Ten ant further st ates that Te nant knows how to operate the appliances and shall do so in accordance with the manufacture'rs instructions.
The Security Deposit is due upon the Tenant signing this Le ase. The Se curity Deposit shall not be u sed for the payment of Monthly Rent unless agreed to, in writing, by Landi ord and T enant. Landlo rd shall deposit the Security Deposit in a bank insured by the FDIC and same will accrue interest if mandated by law. Within ten (10) days after T enant surrenders possession of the Unit at the expiration of the Lease Te rm, Landlord sh all return the Security Dep osit, le ss any cost of rep airs as authorized by this Lease, to Tenant at an address Tenant provides.
Additional Rent. In the event that Tenant defaults under the term s of this P aragraph 9, La ndlord may m ake necessary repairs or replacemen,t the cost of which shall be deducted from the Security Deposit.
Tenant shall not make any alteratio ns, additio ns, modifications and/o r changes to the Unit du ring the Lease Term.
Tenant shall maintain the Unit in a neat, clean and presentable condition.
Pets of any kind or nat ure (shall) (shall not) be allowed in the Unit.
Damage, Fire or Other Catastrophe
In the case of fire damag e or othe r damage to the Unit not caused by Te nant, Tenant shall give Landlord immediate notice of same. Upon receipt of such n otice, Landlord may either (a) repair the Unit or (b ) terminate
the Lea se. If Landlord make s rep airs to the Unit, Landlord shall have a reasonable time in which to do so. If the dam age to th e Pre mises or the Unit renders the Unit uninhabitable, Landlord shall give notice to T enant, after repairs are made, of the date on which the Unit may be reoccupied. Monthly Rent for the period that Tenant can not occupy the Unit because of the damage shall be forgiven.
In the event that Landlo rd termin ates this Lea se because of the damage, Landlord shall give Tenant three
(3) d ays noti ce of Lan dlord's i ntent to so termi nate, in which event, Monthly Rent shall be due for the period up to the date the Premises or the Unit incurred the damage. Notwithstanding the provisions of Section 227 of the New York Real Property Law, if the building in which the
Unit is situated is substantially damaged by fire or o !her catastrophe (the "Occurrence"), L andlord has the absolute ri ght to demol ish, re novate or rebuil d the Premises. Landlord m ay can eel thi s Le ase, in su ch event, upon thirty (30) days written notice to Ten ant of Landlord's intent, which notice shall in elude the date on which the Lease terminates, which shall, inn o event, be less than thirty (30) days from the date of said notice. By canceling this Lease in a ccordance with the terms of this Paragraph, Landlord is not obligated to repair, renovate or rebuild the Premises. Monthly Rent and Additional Rent shall b e pai d by T enant up to the d ate of the Occurrence.
Landlord shall not be liable for any lo ss, damage or expense to any person or property except if su ch loss is caused by the willful acts of Landlord.
Tenant shall be liable for the act s of Tenant, Tenant's family, guests and/or invitee s. Landi ord's cost and expense in repai ring any such da mage or from any claim resulting from such acts shall be billed as Additional Rent and shall be paid by Tenant to Landlord.
Except in an emergency, for the purposes of re pair, inspection, e xtermina lion , installalio n or repair of any system, utility or applia nee or to do a ny work de emed necessary by Landlord , Landlord may enter the Unit on reasonable notice and at reasonable li mes. Upon giving such notice, Landlord may also enter the Unit to show the Unit to prospective purchasers, lenders or other persons deemed appropriate and necessary by Landlord. During the last thre e (3 ) month s of the Te rm of this Le ase, Landlord ma y enter the Unit to show th e Unit to prospective tenants.
ssigning or ubletting
This Lease may not be assigned by Tenant nor shall Tenant sublet the Unit.
This L ease and Ten ant's right s h ereunder are subject and subordinate to all existin g and future le ases for the I and on which the Premi ses stand, to al I mortgages on said leases and/or the Premises and/or the land an d all rene wals, modificatio ns and exten sions thereof. Upon request by Landlord, Tenant shall execute any certificate to this effect.
If, under the term s of thi s Lease, the consent of Landlord is required, su ch co nsent shall no t be unreasonably withheld.
17 Keys, ocks
Tenant shall give Landlord keys to all locks for the Unit. Tenant shall not change any locks or add any locks to the Unit without obtaini ng Landi ord's con sent, and if given, Tenant shall provid e keys to La ndlord for th ese locks.
Tenant shall not place any signs on the Premises or upon the grounds on which the Premises stand or in the Unit so as to be seen from outside the Unit.
Landlord shall have the right to place or cause to be placed on th e Premises and/or u pon the groun ds on
which the Premises stand or in or on the Unit, "For Rent" and/or "For Sale" signs.
Tenant shall, at its own cost and expe nse, comply promptly with all laws, rules, ordinances and directions of governmental and/o r mu nicipal auth orilies, in surance carriers and/or homeowners' associations.
enant's Defaults, andlord's emedies
Landlord mu st give Ten ant noti ce of default (except for a default in t he p ayment of Monthly Rent and/or Additional Rent) and Tenant, upon receipt of such notice mu st cure the d efault within the time stated hereinafter:
.. a default un der Paragraphs 8, 9, 1 0, 11,
12, 14, 17 or21 of this Lease, ten (10) days;
2. a default u nder Pa ragraph 30 of this Lease, thirty (30) days.
In the event that Tenant fails to cu re a default within the lime stated th erefore, Landlord may terminate this Lease. In such event, Landlord shall give Ten ant notice stating the date upon which this Lea se shall terminate, such date being not le ss th an three (3) days after the dat e of su ch n otice at whi ch time this Le ase shall then te rminate. Te nant shall be re sponsible for Monthly Ren t and Additional Rent a s set forth in this Lease up to the date of termination.
If this Lease is terminated or Tenant vacates the
Unit prior to the Termination Date, Landlord may e nter the Unit and remove Tenant and any person or property and/or com mence summary p roceedings for ev iction. The aforesaid a ctions a re not th e sole remedies of Landlord.
If this Lease is cancelled or Landlord takes back the Unit
.. Monthly Rent and Addilio nal Rent for the
unexpired portion of the Term imme diately becomes due and payable. In addition, any cost or repair expended by Landlord shall be the obligation of T enant and shall be deemed Additional Rent.
2. Landlord may re-rent the Unit and anything in it for any term and at any rental and any cost in connection therewith shall be borne by Tenant which may include, but is n ot limi led to the cost of rep airs, decorations, pre paration for renting, bro ker's fees, advertising costs and attorney's fees. Any rent recovered by Landlord for the re-renting of the Unit shall reduce the amount of money that Tenant owes to Landlord.
Tenant shall comply with these rules (the "Rules") at all times. If there i s a change in the rules, La ndlord will give Tenant notice of same. Landlord shall not be liable to Ten ant fo r a nother T enant's violati on of the Rules. The rights afforded under the following Rules are for the sole benefit of Landlord:
the quiet enjoyment of other tenants shall not be interfered with;
sounds, odors and lights which are annoying to other tenants are not allowed;
floors within the Unit must be covered over 70% of the a rea of ea ch room except for the b athroom and kitchen;
all posted rules must be followed;
smoking is not permitted in the Unit or hallways;
All flammable o r da ngerous item s may not b e kept or stored in the Unit;
no one is allowed access to or the enjoyment of the roof;
nothing shall be placed on or attached to the fire escapes, windows, doors or in the hall ways or common areas;
el evators, if any, are to be used by tenants and their gue sis only. Bicycles a re n ot allowe din the elevators. Tenants and their guests are not to leave any garbage, trash and/or debris in the elevators;
U) moving of furniture in and out of the Unit must be scheduled with the Landlord;
all deliverie s must b e made by mean s of the service entrance, if any;
lau ndry machines, if provide d, may be use d at tenants' risk and cost, may only be u sed at rea sonable
hours an d al I instru ctions for their u se must be strictly followed;
cleaning of the exterior of the windows from the outside is strictly forbidden;
if parking is provided, improperly parked vehicles may be immediately removed at tenant's cost;
tena nt may n ot leave any baby carriages/strollers, bi cycles, boxe s, ca rtons and/or any items in hallways;
ten ant shall u se its be st efforts to con serve energy and water;
h ot plates or m eans of coo king other Iha n the stove are not permitted.
Warranty of Habitability
Landlord warrants that th e Unit an d Premises a re suitable for living and that they are free from any condition that is dangerous to health, life and/or safety.
imitation of ecovery
Should Tenant obtain a j udgment or other remedy from a court of competent jurisdiction for the payment of
creditors or sho uld a trustee/receiver be appointed of Tenant an d/or Ten ant's property, La ndlord ca n cancel this Lease upon thirty (30) days written notice to Tenant.
Any notice to be give n under this Lease shall be in writing addressed to the party at the addresses set forth herein by certified mail or overni ght courie r service. Notice by L andlord to one name d Tenant sh all be deemed given to all Ten ants and occupants of the Unit. Each party hereto shall accept notices sent by the other. Any change of address by one party must be give n, by notice, to the other. Notice shall b e deemed given when posted or delivered to the overnight courier service.
Waiver of Jury rial, et-Off or Counterclaim
The parties hereto waive trial by jury in all matters except for personal injury or property damage claims. In a summ ary pro ceeding for evictio n, Tenant waives Tenant's right to any set-off and/or counterclaim.
money by La ndlord, Tenant is limited to the La ndlord's
Tenant states that
is th e
interest in the Premises for the collection of same.
Construction and Demolition
Construction and/or d emolition may be done in o r near th e Premise s a nd if same in terferes with the ventilation, view and/ore njoyment of the Unit, Tenant's obligations under this Lease shall, in no way, be affected.
Demolition of remises
Should Landlord deem ii necessary to demolish the Premises, Landlord may t erminate this Lea se upon six
(6) months written notice to Tena nt provided such notice is given to a II other tena nts in the Premise s. In su ch event, Tenant shall surrender the Unit to Landlord upon such date as set forth in the notice.
If there is a terrace or balcony as an adjunct to the Unit, such terrace or balcony is subject to the term s of this Lease.
Tenant shall keep the terrace or balcony clean, clear of snow, ice, garb age and other debris . No alteration or additions m ay be mad e to the terra ce o r bal cony. Tenant's property may n ot be sto red on the terra ce or balcony. Cooking on the terrace or balcony is prohibited.
Tenant shall maintain the terrace or balcony in good condition and make all repairs at Ten ant's cost, e xcept those of a structural n ature which is the responsibility of Landlord.
27. Common ecreational reas
If applicable, Landlord may give Tenant use of any playground, pool, parking or other areas, the use of which will be at Te nant's own risk and Tenant shall pay any charge im posed by L andlord for such use. La ndlord's permission to use these areas may b e revoked at any time.
2&. andlord's mployees
The em ployees of L andlord shall n ot perfo rm any work for Ten ant at T enant's request. Such employees may not do any personal chores of Tenant.
If any or part of the Premises is taken or condemned by any governmental auth ority, Landlord may can eel this Lease on notice to Tenant and Tenant's rights hereunder shall end as of the date the authority takes title to the Premises which cancellation date can not be less than thirty (30) d ays from th e date of L andlord's no lice. Tenant shall be liable for Monthly Re nt and Additional Rent to the d ate of cancellation and shall make no claim for the unexpired term of the Lea se. Any award for the condemnation is the property of Lan dlord and Tenant assigns to L andlord a ny and all rights, intere st a nd/or claim in and to such award.
Should Tenant file a voluntary petition in bankruptcy or an involu ntary petition is filed ag ainst Te nant, or should T enant assign an y prop erty fro the b enefit of
sole Broker who showed the Unit to Tenant. Tenant shall hold h armless a nd indemnify Landlo rd fro a ny mo nies expended by Landlord should Tenant's statement herein be untrue.
Inability of andlord to erform
If andlord is unable to perform any of its obligations to be performed hereunder due to governmental orders, labor strife or inability to secure goods or materials, through no fault on the part of andlord, this ease shall not be terminated or cancelled and such inability shall not impact upon
enant's obligations hereunder.
Should any part of this Lease be deemed illegal, the remaining p ortions of this Lease sh all not be affected thereby and shall remain in full force and effect.
So long a s Tenant p ays the Mo nthly Rent and Additional Rent and there exists no defaults under any of the terms of this Le ase, Tenant may p eacefully occupy the Unit for the Lease Term.
Any failure b y Landlord to insist upon Tenant's full compliance with the terms of this Lease and/or to enforce such term s shall n ot be deeme d to be a waiv er of Landlord's rights to insist upon or so enforce the terms of this Lease at a future date.
3&. arties Bound
This Lease is binding upon Landlord and Tenant and their respective assignees and/or successors in interest.
Paragraph headings are for reference only.
This Lease shall become effective a s of the d ate when Landlord delivers a fully executed co py here of to Tenant or Tenant's attorney.
Tenant states that Tena nt has read thi s Lease and that it fully incorp orates all understan dings, representations a nd p romises ma de to Tenant by Landlord an d/or Landlord's agent an d that thi s Lease supercedes all prio r rep resentations, agre ements and promises, whether oral or written.
This Lease may only be changed or a mended in a writing signed by the parties hereto.
Additional terms are contained in the riders annexed hereto and designated Rider
urrender of remises
On the Term ination Date, Tenant sh all deliver the Unit to Lan dlord va cant, i n goo d co ndition and b room clean. Prior to such delivery, Tenant shall have vacated
the Unit, removed Te nant's p roperty, repaire d all damages caused by Ten ant and return the Unit in the same condition as received, reasonable wear and tear excepted.
This Lease has been entered into as of the Date of Lease.