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THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made
and entered into this _____ day of ________________________, 20____, by
and between _____________________________________________________
(hereinafter referred to as "Landlord") and ______________________________
___________________________________ (hereinafter referred to as "Tenant").
WHEREAS, Landlord is the fee owner of certain real property being, lying
and situated in _______________ County, New York, such real property having
a street address of
(hereinafter referred to as the "Premises").
WHEREAS, Landlord is desirous of leasing the Premises to Tenant upon
the terms and conditions as contained herein; and
WHEREAS, Tenant is desirous of leasing the Premises from Landlord on
the terms and conditions as contained herein;
NOW, THEREFORE, for and in consideration of the sum of
________________________________________ DOLLARS ($_________), the
covenants and obligations contained herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto hereby agree as follows:
I. Rental Payments. The total rent for the term hereof is the sum of
____________________________________ DOLLARS ($___________)
payable on the _____ day of each month of the term, in equal installments
of __________________________________ DOLLARS ($___________)
first and last installments to be paid upon the due execution of this
Agreement, the second installment to be paid on ____________________
______________. All such payments shall be made to Landlord at
Landlord's address as set forth in the preamble to this Agreement on or
before the due date and without demand.
II. Lease Duration Length. Landlord leases to Tenant and Tenant leases
from Landlord the above described Premises together with any and all
appurtenances thereto, for a term of __________________ [specify
number of months or years], such term beginning on
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___________________________, and ending at 12 o'clock midnight on
III. Security Deposit. Upon the due execution of this Agreement, Tenant
shall deposit with Landlord the sum of
___ DOLLARS ($________) receipt of which is hereby acknowledged by
Landlord, as security for any damage caused to the Premises during the
term hereof. Such deposit shall be returned to Tenant, without interest,
and less any set off for damages to the Premises upon the termination of
this Agreement.
IV. Use of Premises. The Premises shall be used and occupied by Tenant
and Tenant's immediate family, consisting of ______________________
__________________________ ____________, exclusively, as a private
single family dwelling, and no part of the Premises shall be used at any
time during the term of this Agreement by Tenant for the purpose of
carrying on any business, profession, or trade of any kind, or for any
purpose other than as a private single family dwelling. Tenant shall not
allow any other person, other than Tenant's immediate family or transient
relatives and friends who are guests of Tenant, to use or occupy the
Premises without first obtaining Landlord's written consent to such use.
Tenant shall comply with any and all laws, ordinances, rules and orders of
any and all governmental or quasi-governmental authorities affecting the
cleanliness, use, occupancy and preservation of the Premises.
V. Condition of Premises. Tenant stipulates, represents and warrants that
Tenant has examined the Premises, and that they are at the time of this
Lease in good order, repair, and in a safe, clean and tenantable condition.
VI. Assignment and Sub-Letting. Tenant shall not assign this Agreement,
or sub-let or grant any license to use the Premises or any part thereof,
without the prior written consent of Landlord. A consent by Landlord to
one such assignment, sub-letting or license shall not be deemed to be a
consent to any subsequent assignment, sub-letting or license. An
assignment, sub-letting or license without the prior written consent of
Landlord or an assignment or sub-letting by operation of law shall be
absolutely null and void and shall, at Landlord's option, terminate this
VII. Alterations and Improvements. Tenant shall make no alterations to the
buildings or improvements on the Premises or construct any building or
make any other improvements on the Premises without the prior written
consent of Landlord. Any and all alterations, changes, and/or
improvements built, constructed or placed on the Premises by Tenant
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shall, unless otherwise provided by written agreement between Landlord
and Tenant, be and become the property of Landlord and remain on the
Premises at the expiration or earlier termination of this Agreement.
VIII. Non-Delivery of Possession. In the event Landlord cannot deliver
possession of the Premises to Tenant upon the commencement of the
Lease term, through no fault of Landlord or its agents, then Landlord or its
agents shall have no liability, but the rental herein provided shall abate
until possession is given. Landlord or its agents shall have thirty (30) days
in which to give possession, and if possession is tendered within such
time, Tenant agrees to accept the demised Premises and pay the rental
herein provided from that date. In the event possession cannot be
delivered within such time, through no fault of Landlord or its agents, then
this Agreement and all rights hereunder shall terminate.
IX. 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
X. Utilities. Tenant shall be responsible for arranging for and paying for all
utility services required on the Premises.
XI. Maintenance and Repair; Rules. Tenant will, at its sole expense, keep
and maintain the Premises and appurtenances in good and sanitary
condition and repair during the term of this Agreement and any renewal
thereof. Without limiting the generality of the foregoing, Tenant shall:
(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs
and/or halls, which shall be used for the purposes of ingress and
egress only;
(b) Keep all windows, glass, window coverings, doors, locks and
hardware in good, clean order and repair;
(c) Not obstruct or cover the windows or doors;
(d) Not leave windows or doors in an open position during any
inclement weather;
(e) Not hang any laundry, clothing, sheets, etc. from any window,
rail, porch or balcony nor air or dry any of same within any yard
area or space;
(f) Not cause or permit any locks or hooks to be placed upon any
door or window without the prior written consent of Landlord;
(g) Keep all air conditioning filters clean and free from dirt;
(h) Keep all lavatories, sinks, toilets, and all other water and
plumbing apparatus in good order and repair and shall use same
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only for the purposes for which they were constructed. Tenant
shall not allow any sweepings, rubbish, sand, rags, ashes or
other substances to be thrown or deposited therein. Any
damage to any such apparatus and the cost of clearing stopped
plumbing resulting from misuse shall be borne by Tenant;
(i) And Tenant's family and guests shall at all times maintain order
in the Premises and at all places on the Premises, and shall not
make or permit any loud or improper noises, or otherwise disturb
other residents;
(j) Keep all radios, television sets, stereos, phonographs, etc.,
turned down to a level of sound that does not annoy or interfere
with other residents;
(k) Deposit all trash, garbage, rubbish or refuse in the locations
provided therefor and shall not allow any trash, garbage, rubbish
or refuse to be deposited or permitted to stand on the exterior of
any building or within the common elements;
(l) Abide by and be bound by any and all rules and regulations
affecting the Premises or the common area appurtenant thereto
which may be adopted or promulgated by the Condominium or
Homeowners' Association having control over them.
XII. Damage to Premises. In the event the Premises are destroyed or
rendered wholly untenantable by fire, storm, earthquake, or other casualty
not caused by the negligence of Tenant, this Agreement shall terminate
from such time except for the purpose of enforcing rights that may have
then accrued hereunder. The rental provided for herein shall then be
accounted for by and between Landlord and Tenant up to the time of such
injury or destruction of the Premises, Tenant paying rentals up to such
date and Landlord refunding rentals collected beyond such date. Should a
portion of the Premises thereby be rendered untenantable, the Landlord
shall have the option of either repairing such injured or damaged portion
or terminating this Lease. In the event that Landlord exercises its right to
repair such untenantable portion, the rental shall abate in the proportion
that the injured parts bears to the whole Premises, and such part so
injured shall be restored by Landlord as speedily as practicable, after
which the full rent shall recommence and the Agreement continue
according to its terms.
XIII. Inspection of Premises. Landlord and Landlord's agents shall have the
right at all reasonable times during the term of this Agreement and any
renewal thereof to enter the Premises for the purpose of inspecting the
Premises and all buildings and improvements thereon. And for the
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purposes of making any repairs, additions or alterations as may be
deemed appropriate by Landlord for the preservation of the Premises or
the building. Landlord and its agents shall further have the right to exhibit
the Premises and to display the usual "for sale", "for rent" or "vacancy"
signs on the Premises at any time within forty-five (45) days before the
expiration of this Lease. The right of entry shall likewise exist for the
purpose of removing placards, signs, fixtures, alterations or additions, but
do not conform to this Agreement or to any restrictions, rules or
regulations affecting the Premises.
XIV. Subordination of Lease. This Agreement and Tenant's interest
hereunder are and shall be subordinate, junior and inferior to any and all
mortgages, liens or encumbrances now or hereafter placed on the
Premises by Landlord, all advances made under any such mortgages,
liens or encumbrances (including, but not limited to, future advances), the
interest payable on such mortgages, liens or encumbrances and any and
all renewals, extensions or modifications of such mortgages, liens or
XV. Tenant's Hold Over. If Tenant remains in possession of the Premises
with the consent of Landlord after the natural expiration of this Agreement,
a new tenancy from month-to-month shall be created between Landlord
and Tenant which shall be subject to all of the terms and conditions hereof
except that rent shall then be due and owing at
___ DOLLARS ($___________) per month and except that such tenancy
shall be terminable upon fifteen (15) days written notice served by either
XVI. Surrender of Premises. Upon the expiration of the term hereof, Tenant
shall surrender the Premises in as good a state and condition as they
were at the commencement of this Agreement, reasonable use and wear
and tear thereof and damages by the elements excepted.
XVII. Pets. No pets.
XVIII. Quiet Enjoyment. Tenant, upon payment of all of the sums referred to
herein as being payable by Tenant and Tenant's performance of all
Tenant's agreements contained herein and Tenant's observance of all
rules and regulations, shall and may peacefully and quietly have, hold and
enjoy said Premises for the term hereof.
XIX. Indemnification. Landlord shall not be liable for any damage or injury of
or to the Tenant, Tenant's family, guests, invitees, agents or employees or
to any person entering the Premises or the building of which the Premises
are a part or to goods or equipment, or in the structure or equipment of the
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structure of which the Premises are a part, and Tenant hereby agrees to
indemnify, defend and hold Landlord harmless from any and all claims or
assertions of every kind and nature.
XX. Default. If Tenant fails to comply with any of the material provisions of
this Agreement, other than the covenant to pay rent, or of any present
rules and regulations or any that may be hereafter prescribed by Landlord,
or materially fails to comply with any duties imposed on Tenant by statute,
within seven (7) days after delivery of written notice by Landlord specifying
the non-compliance and indicating the intention of Landlord to terminate
the Lease by reason thereof, Landlord may terminate this Agreement. If
Tenant fails to pay rent when due and the default continues for seven (7)
days thereafter, Landlord may, at Landlord's option, declare the entire
balance of rent payable hereunder to be immediately due and payable and
may exercise any and all rights and remedies available to Landlord at law
or in equity or may immediately terminate this Agreement.
XXI. Late Charge. In the event that any payment required to be paid by
Tenant hereunder is not made within three (3) days of when due, Tenant
shall pay to Landlord, in addition to such payment or other charges due
hereunder, a "late fee" in the amount of ___________________________
______________ DOLLARS ($__________).
XXII. Abandonment. If at any time during the term of this Agreement Tenant
abandons the Premises or any part thereof, Landlord may, at Landlord's
option, obtain possession of the Premises in the manner provided by law,
and without becoming liable to Tenant for damages or for any payment of
any kind whatever. Landlord may, at Landlord's discretion, as agent for
Tenant, relet the Premises, or any part thereof, for the whole 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 reletting, and, at
Landlord's option, hold Tenant liable for any difference between the rent
that would have been payable under this Agreement during the balance of
the unexpired term, if this Agreement had continued in force, and the net
rent for such period realized by Landlord by means of such reletting. If
Landlord's right of reentry is exercised following abandonment of the
Premises by Tenant, then Landlord shall consider any personal property
belonging to Tenant and left on the Premises to also have been
abandoned, in which case Landlord may dispose of all such personal
property in any manner Landlord shall deem proper and Landlord is
hereby relieved of all liability for doing so.
XXIII. Attorneys' Fees. Should it become necessary for Landlord to employ an
attorney to enforce any of the conditions or covenants hereof, including
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the collection of rentals or gaining possession of the Premises, Tenant
agrees to pay all expenses so incurred, including a reasonable attorneys'
XXIV. Recording of Agreement. Tenant shall not record this Agreement on the
Public Records of any public office. In the event that Tenant shall record
this Agreement, this Agreement shall, at Landlord's option, terminate
immediately and Landlord shall be entitled to all rights and remedies that it
has at law or in equity.
XXV. Governing Law. This Agreement shall be governed, construed and
interpreted by, through and under the Laws of the State of New York.
XXVI. Severability. If any provision of this Agreement or the application thereof
shall, for any reason and to any extent, be invalid or unenforceable,
neither the remainder of this Agreement nor the application of the
provision to other persons, entities or circumstances shall be affected
thereby, but instead shall be enforced to the maximum extent permitted by
XXVII. Binding Effect. The covenants, obligations and conditions herein
contained shall be binding on and inure to the benefit of the heirs, legal
representatives, and assigns of the parties hereto.
XXVIII. Descriptive Headings. The descriptive headings used herein are for
convenience of reference only and they are not intended to have any
effect whatsoever in determining the rights or obligations of the Landlord
Or Tenant.
XXIX. CONSTRUCTION. The pronouns used herein shall include, where
appropriate, either gender or both, singular and plural.
XXX. Non-Waiver. No indulgence, waiver, election or non-election by Landlord
under this Agreement shall affect Tenant's duties and liabilities hereunder.
XXXI. Modification. The parties hereby agree that this document contains the
entire agreement between the parties and this Agreement shall not be
modified, changed, altered or amended in any way except through a
written amendment signed by all of the parties hereto.
XXXII. Notice. Any notice required or permitted under this Lease or under state
law shall be deemed sufficiently given or served if sent by United States
certified mail, return receipt requested, addressed as follows:
If to Landlord to:
[Landlord's Name]
[Landlord's Address]
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If to Tenant to:
[Tenant's Name]
[Tenant's Address]
Landlord and Tenant shall each have the right from time to time to change
the place notice is to be given under this paragraph by written notice
thereof to the other party.
XXXIII. Additional Provisions; Disclosures.
[Landlord should note above any disclosures about the premises that may
be required under Federal or New York law, such as known lead-based
paint hazards in the Premises. The Landlord should also disclose any
flood hazards.
As to Landlord this ______ day of ________________________, 20_____.
Landlord Signature: _______________________________ Date: ____________
Printed Name: ___________________________________
As to Tenant, this ______ day of ________________________, 20_____.
Tenant Signature: ________________________________ Date: ____________
Printed Name: ___________________________________
Tenant Signature: ________________________________ Date: ____________
Printed Name: ___________________________________
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