New York Residential Lease Agreement Between Landlord and Tenant

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A friend of mine is trying to sublet her co-op apartment, and this is the lease agreement she is contemplating using (names changed around for privacy). Anything you would encourage her to add or change? Because this is a co-op apartment that she is subletting, she has made sure to include a clause at the very end which informs the subtenant that the co-op board can basically kick her out at any time, and that the sublease itself is subject to board approval.

LEASE AGREEMENT

This Lease Agreement (this “Agreement”) is made this 16 day of April, 2019, by and between New York Landlord Corporation (“Landlord”) and Ashley Darling ("Tenant"). Each Landlord and Tenant may be referred to individually as a “Party” and collectively as the “Parties.”

1. Premises. The premises leased is an apartment with two (2) bedroom(s) and one (1) bathroom(s) located at 101 East 91st Street, Apt. 3B, New York, NY 10035 (the “Premises”). Parking is not included with the Premises.

2. Agreement to Lease. Landlord agrees to lease to Tenant and Tenant agrees to lease from Landlord, according to the terms and conditions set forth herein, the Premises.

3. Term. This Agreement will be for a term beginning on May 15, 2019 and ending on April 30, 2020 (the “Term”).

4. Rent. Tenant will pay Landlord a monthly rent of $3,000.00 for the Term. Rent will be payable in advance and due on the 1st day of each month during the Term. The first rent payment is payable to Landlord when Tenant signs this Agreement. Rent will be paid to Landlord at Landlord's address provided herein (or to such other places as directed by Landlord) by mail or in person by one of the following methods: Personal check, Cashier's check, and will be payable in U.S. Dollars. Tenant further agrees to pay $50.00 for each dishonored bank check.

5. Guaranty. James Darling located at 101 Fifth Avenue, Suite 10, New York, NY 10024 ("Guarantor") promises to unconditionally guarantee to Landlord, the full payment and performance by Tenant of all financial duties and obligations arising out of this Agreement. Guarantor agrees to joint and several liability with Tenant for Tenant's financial duties and obligations under this Agreement including rent, damages, fees and costs. Guarantor further agrees that this guaranty shall remain in full force and effect and be binding on Guarantor until this Agreement is terminated.

6. Late Fee. Rent paid after the 1st day of each month will be deemed as late; and if rent is not paid within three (3) days after such due date, Tenant agrees to pay a late charge of $100.00.

7. Additional Rent. There may be instances under this Agreement where Tenant may be required to pay additional charges to Landlord. All such charges are considered additional rent under this Agreement and will be paid with the next regularly scheduled rent payment. Landlord has the same rights and Tenant has the same obligations with respect to additional rent as they do with rent.

8. Utilities. Tenant is responsible for payment of all utility and other services for the Premises.

9. Security Deposit. Upon signing this Agreement, Tenant will pay a security deposit in the amount of $6,000.00 to Landlord. The security deposit will be retained by Landlord as security for Tenant’s performance of its obligations under this Agreement. The security deposit may not be used or deducted by Tenant as the last month’s rent of the Term. Tenant will be entitled to a full refund of the security deposit if Tenant returns possession of the Premises to Landlord in the same condition as accepted, ordinary wear and tear excepted. Within thirty (30) days after the termination of this Agreement, Landlord
will return the security deposit to Tenant (minus any amount applied by Landlord in accordance with this section). Any reason for retaining a portion of the security deposit will be explained in writing. The security deposit will not bear interest while held by Landlord in accordance with applicable state laws and/or local ordinances.

10. Landlord's Failure to Give Possession. In the event Landlord is unable to give possession of the Premises to Tenant on the start date of the Term, Landlord will not be subject to any liability for such failure, the validity of this Agreement will not be affected, and the Term will not be extended. Tenant will
not be liable for rent until Landlord gives possession of the Premises to Tenant.

11. Holdover Tenancy. Unless this Agreement has been extended by mutual written agreement of the Parties, there will be no holding over past the Term under the terms of this Agreement under any circumstances. If it becomes necessary to commence legal action to remove Tenant from the Premises, the prevailing Party will be entitled to attorney's fees and costs in addition to damages.

12. Use of Premises. The Premises will be occupied only by Tenant and Tenant’s immediate family and used only for residential purposes. Tenant may not have overnight guest longer than 5 days without landlords permission. Tenant will not engage in any objectionable conduct, including behavior which will
make the Premises less fit to live in, will cause dangerous, hazardous or unsanitary conditions or will interfere with the rights of others to enjoy their property. Tenant will be liable for any damage occurring to the Premises and any damage to or loss of the contents thereof which is done by Tenant or Tenant’s guests or invitees.

13. Condition of the Premises. Tenant has examined the Premises, including the appliances and fixtures, and acknowledges that they are in good condition and repair, normal wear excepted, and tear and accepts them in its current condition.

14. Maintenance and Repairs. Tenant will maintain the Premises, including the grounds and all appliances and fixtures, in clean, sanitary and good condition and repair. Tenant will not remove Landlord’s appliances and fixtures from the Premises for any purpose. If repairs other than general maintenance are required, Tenant will notify Landlord for such repairs. In the event of default by Tenant, Tenant will reimburse Landlord for the cost of any repairs or replacement.

15. Reasonable Accommodations. Landlord agrees to comply with all applicable laws providing equal housing opportunities, including making reasonable accommodations for known physical or mental limitations of qualified individuals with a disability, unless undue hardship would result. Tenant is responsible for making Landlord aware of any such required accommodations that are reasonable and will not impose an undue hardship. If Tenant discloses a disability and requests an accommodation, Landlord has the right to have a qualified healthcare provider verify the disability if the disability is not readily apparent, and Landlord has the right to use the qualified healthcare provider verifying the disability as a resource for providing the reasonable accommodation.

16. Sex Offender Registry. Pursuant to law, information about specified registered sex offenders is made available to the public. Tenant understands and agrees that Tenant is solely responsible for obtaining any and all information contained in the state or national sex offender registry for the area surrounding the Premises, which can be obtained online or from the local sheriff’s department or other appropriate law enforcement officials. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and zip code in which he or she resides.

17. Compliance. Tenant agrees to comply with all applicable laws, ordinances, requirements and regulations of any federal, state, county, municipal or other authority.

18. Mechanics’ Lien. Tenant understands and agrees that Tenant and anyone acting on Tenant’s behalf do not have the right to file for mechanic’s liens or any other kind of liens on the Premises. Tenant agrees to give actual advance notice to any contractors, subcontractors or suppliers of goods, labor or services that such liens are invalid. Tenant further agrees to take the additional steps necessary to keep the Premises free of any and all liens that may result from construction completed by or for Tenant.

19. Subordination. With respect to the Premises, this Agreement is subordinate to any mortgage that now exists, or may be given later by Landlord.

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20. Alterations. Tenant will not make any alteration, addition or improvement to the Premises without first obtaining Landlord’s written consent. Any and all alterations, additions or improvements to the Premises are without payment to Tenant and will become Landlord’s property immediately on completion and
remain on the Premises, unless Landlord requests or permits removal, in which case Tenant will return that part of the Premises to the same condition as existed prior to the alteration, addition or improvement. Tenant will not change any existing locks or install any additional locks on the Premises without first
obtaining Landlord's written consent and without providing Landlord a copy of all keys.

21. Smoking. Smoking of any kind is strictly prohibited on any part of the Premises. This prohibition applies to Tenant and any visitors, guests or other occupants on the Premises.

22. Pets. Tenant is not allowed to have or keep any pets, even temporarily, on any part of the Premises. The unauthorized presence of any pet will subject Tenant to penalties, damages, deductions and/or termination of this Agreement. Properly trained service animals that provide assistance to individuals with
disabilities may be permitted on the Premises with the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant will be responsible for the costs of de-fleaing, deodorizing and/or shampooing all or any portion of the Premises if a pet has been on the Premises at any time during the Term (whether with or without written consent of Landlord).

23. Fire and Casualty. If the Premises are damaged by fire or other serious disaster or accident and the Premises becomes uninhabitable as a result, Tenant may immediately vacate the Premises and terminate this Agreement upon notice to Landlord. Tenant will be responsible for any unpaid rent or will receive any prepaid rent up to the day of such fire, disaster or accident. If the Premises are only partially damaged and inhabitable, Landlord may make full repairs and will do so within a prompt and reasonable amount of time. At the discretion of Landlord, the rent may be reduced while the repairs are being made.

24. Liability. Landlord is not responsible or liable for any loss, claim, damage or expense as a result of any accident, injury or damage to any person or property occurring anywhere on the Premises, unless resulting from the negligence or willful misconduct of Landlord.

25. Assignment and Subletting. Tenant will not assign this Agreement as to any portion or all of the Premises or make or permit any total or partial sublease or other transfer of any portion or all of the Premises.

26. Insurance Requirements. Tenant will not do or permit to be done any act or thing that will increase the insurance risk under any policy of insurance covering the Premises. If the premium for such policy of insurance increases due to a breach of Tenant’s obligations under this Agreement, Tenant will pay the
additional amount of premium as additional rent under this Agreement.

27. Right of Entry. Landlord or its agents may enter the Premises at reasonable times to inspect the Premises, to make any alternations, improvements or repairs or to show the Premises to a prospective tenant, buyer or lender. In the event of an emergency, Landlord may enter the Premises at any time.

28. Surrender. Tenant will deliver and surrender to Landlord possession of the Premises immediately upon the expiration of the Term or the termination of this Agreement, clean and in as good condition and repair as the Premises was at the commencement of the Term, reasonable wear and tear excepted.

29. Default. In the event of any default under this Agreement, Landlord may provide Tenant a notice of default and an opportunity to correct such default. If Tenant fails to correct the default, other than a failure to pay rent or additional rent, Landlord may terminate this Agreement by giving a thirty (30) day written
notice. If the default is Tenant’s failure to timely pay rent or additional rent as specified in this Agreement, Landlord may terminate this Agreement by giving a thirty (30) day written notice to Tenant. After termination of this Agreement, Tenant remains liable for any rent, additional late, costs, including costs to remedy any defaults, and damages under this Agreement.

30. Remedies If this Agreement is terminated due to Tenant’s default, Landlord may, in addition to any rights and remedies available under this Agreement and applicable law, use any dispossession, eviction or other similar legal proceeding available in law or equity.

31. Subordination. This Agreement and Tenant’s right under it shall be subject and subordinate to the lien, operation and effect of each existing or future mortgage, deed of trust, ground lease and/or any other similar instrument of encumbrance covering any or all of the Premises, if any, and each renewal,
modification, consolidation, replacement or extension thereof.

32. Condemnation. If all or substantially all of the Premises are covered by a condemnation including the exercise of any power of eminent domain by a governmental authority, this Agreement shall terminate on the date possession of the Premises is taken by the condemning authority, and all rent under this
Agreement shall be prorated and paid to such date. Landlord is entitled to collect from the condemning authority the entire amount of any award made in any proceeding. Tenant waives any right, title or interest which Tenant may have to any such award and agrees to not make any claim for the Term of this
Agreement.

33. Hazardous Materials. Tenant shall not keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

34. Lead 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, Landlord must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention.

35. Notices. All notices given under this Agreement must be in writing. A notice is effective upon receipt and shall be delivered in person, sent via certified or registered mail to the following addresses (or to another address that either Party may designate upon reasonable notice to the other Party):

Notices shall be sent to the Landlord at the following address:
212 Park Avenue, Floor 3, New York, NY 10049

Notices shall be sent to the Tenant at the following address:
101 East 91st Street, Apt. 3B, New York, NY 10035

36. Quiet Enjoyment. If Tenant pays the rent and performs all other obligations under this Agreement, Tenant may peaceably and quietly hold and enjoy the Premises during the Term.

37. No Waiver. No Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.

38. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable part had not been included in this Agreement.

39. Successors and Assigns. This Agreement will inure to the benefit of and be binding upon the Parties and their permitted successors and assigns.

40. Governing Law. The terms of this Agreement and the rights and obligations of the Parties hereto shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws provisions.

41. Disputes. Any dispute arising from this Agreement shall be resolved in the courts of the State of New York.

42. Amendments. This Agreement may be amended or modified only by a written agreement signed by the Parties.

43. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same document.

44. Headings. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision in this Agreement.

45. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes and cancels all prior agreements of the Parties, whether written or oral, with respect to the subject matter.

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46. Miscellaneous. Amendment: (5.) LATE PAYMENTS AND RETURNED CHECKS. Time is of the essence of this Lease Agreement and if rent is not paid by the third (3rd) day of each calendar month, Tenant(s) agrees to pay a late charge of ten percent (5%) of the monthly rent. If a rent payment is returned, for any reason, a service charge of $50.00 will be due, plus the 5% late fee of the rent amount. If a second payment is returned, a service charge of $50.00 will be due, along with 5% late fee. In the event any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, or if said premises shall be abandoned or vacated, then it shall be lawful for said Landlord and/or Landlord’s Agent to re-enter and repossess said premises, removing all occupants, and upon re-entry as aforesaid, this Lease Agreement shall terminate. In the event of re-entry by the Landlord or default by the Tenant(s), Tenant(s) shall be liable to the Landlord for all damages incurred, including but not limited to reasonable attorney’s fees, court costs, and/or any other costs incurred by the Landlord. If rent is not paid in accordance with the terms of this Lease Agreement and a process server is engaged to deliver a Three (3)-Day Notice, the Tenant(s) will be responsible for the cost of the service.

47. Board Approval. This lease is subject to approval by the co-op board of the 101 East 91st Street building. The tenants agree to abide by all rules set forth by the board. In case of any violations, tenants agree to pay for any fines imposed by the board. In the extreme case where the board determines that tenants’ behavior causes that they are not allowed to reside in the promise, at any time during the lease term, this lease agreement shall become terminated automatically on the date as determined by the board, and rent is due through the move-out date.

IN WITNESS WHEREOF, the Parties hereto, individually or by their duly authorized representatives, have executed this Agreement as of the Effective Date.

Landlord Signature Landlord Full Name

Tenant Signature Tenant Full Name

Guarantor Signature Guarantor Full Name

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Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards

Lead Warning Statement

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. Tenants must also receive a federally approved pamphlet on lead poisoning prevention.

Landlord's Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):

(i) ____ Known lead-based paint and/or lead-based paint hazard are present in the housing (explain):

(ii) ____ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

(b) Records and reports available to the lessor (check (i) or (ii) below):

(i) ____ Lessor has provided the lessee with all available records and reports pertaining to the leadbased paint and/or lead-based paint hazards in the housing (list documents below):

(ii) ____ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Tenant's Acknowledgment (initial)

(c) _____ Tenant has received copies of all information listed above.

(d) _____ Tenant has received the pamphlet Protect Your Family from Lead in Your Home.

Agent's Acknowledgment (if any) (initial)

(e) _____ Agent has informed Landlord of Landlord’s obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance.

Certification of Accuracy

The following Parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

Landlord Signature Landlord Name Date

Tenant Signature Tenant Name Date

GENERAL INSTRUCTIONS

WHAT IS A RENTAL OR LEASE AGREEMENT?

This is a legal document entered into by both a landlord and a tenant before the rental or lease begins. The landlord rents or leases the property to the tenant in exchange for rent paid to the landlord. In a rental agreement, the length of the rental period is generally month-to-month and is shorter in duration than a lease agreement. In a lease agreement, the length of the lease period varies but is generally 12 months or so and longer in duration than a rental agreement. The agreement formally lays out the terms and conditions of the rental or lease and describes the rights and responsibilities of both parties in relation to the rental or lease of the property. The document protects both the landlord and the tenant and both parties should keep a signed copy of the agreement, which can be referred back to in case of any issues or disputes relating to the property.

WHAT IS TYPICALLY INCLUDED?

Your document should clearly set out all of the terms and conditions associated with the rental or lease of the property. Rental and lease agreements typically include the following:
- Details of both the landlord and the tenant.
- Location of the residential property and description of any items that are included or excluded from the rental or lease.
- Length of the rental or lease period.
- Amount, frequency and the method of payment of the rent.
- Procedures on collection and late charges, if any, if the rent is not paid on time.
- Details of any security deposit that the tenant must pay to the landlord.
- Insurance requirements for either the landlord or tenant.
- Details about additional charges which the tenant may be responsible for during or after the end of the tenancy
- Details about who is responsible for payment of utilities (e.g. electricity, gas and water).
- Details regarding the property in the event of a fire or other disaster.
- Large Details on the landlord's right of entry and access to the property.
- Maintenance and repairs of the property. Depending on the discussions between the landlord and the tenant, other items may be included in the agreement, such as specific rules and regulations regarding guests, pets or smoking or procedures for renewal. While a landlord may want to use a standard agreement with a new tenant, if the tenant and landlord have verbally agreed upon certain items prior to the rental or lease, the tenant should ask for these additional provisions to be included in the agreement.

WHAT CAN A RENTAL OR LEASE AGREEMENT BE USED FOR?

These agreements can be used to formalize the rental or lease terms for most types of residential property to a tenant, including, houses, house boats, duplexes, lofts, apartments, rooms in larger properties, townhouses, studios, basement suites, or other such living spaces.

WHEN SHOULD A RENTAL OR LEASE AGREEMENT BE USED?

An agreement should be used every time a residential property is rented or leased to a tenant. A residential rental or lease agreement should not be used when a property is rented or leased for commercial purposes and/or the property is to be used only for commercial purposes. The agreement should be created and signed before a tenant has moved into a residential property.

ALTERNATE NAMES
A rental or lease agreement may also be known as:
- Tenancy Agreement
- Rental or Lease Contract
- Rental or Lease Form