NEW YORK
RESIDENTIAL LEASE AGREEMENT
This Lease Agreement (hereinafter, the "Lease Agreement") is dated as of _________ (hereinafter, the "Effective Date") and is entered into by and between _________ (hereinafter, the "Landlord") and the following residents:
_________
(hereinafter, the "Tenant(s)").
The Landlord and the Tenant(s) agree as follows:
1. PROPERTY
A. The Landlord is the owner of certain real property and improvements described as a house located at _________, _________, New York _________ (hereinafter, the "Property").
B. The Landlord rents to the Tenant(s) and the Tenant(s) rents from the Landlord the Property according to the terms and conditions described in this Lease Agreement.
C. Unless otherwise indicated in the Lease Agreement, no other portion of the building (hereinafter, the "Building") is included in the Lease.
D. Unless otherwise indicated in the Lease Agreement, the Property is for the sole use as a personal residence by the person(s) named above only.
2. TERM
The term of the Lease Agreement begins on _________ (hereinafter, the "Commencement Date"), and shall continue from that date as a month-to-month tenancy.
Either party may terminate the tenancy by giving the other party written notice of intention to terminate the tenancy at least 30 days prior to the intended termination date. Such notices may be given on any date.
The Tenant(s) shall vacate the Property upon termination of the Lease Agreement, unless:
(i) | The Landlord and the Tenant(s) have, in writing, extended this agreement or signed a new agreement; |
(ii) | Mandated by local rent control law; or |
(iii) | The Landlord accepts Rent from the Tenant(s) (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate. In this case, the Landlord or the Tenant(s) may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date to the other party. All other terms and conditions of the Lease Agreement shall remain in full force and effect until terminated, any changes made pursuant to New York Law excepted. |
3. MANAGEMENT
The Tenant(s) is hereby notified that the Owner or Landlord _________ is the property manager in charge of repairs or maintenance of the Property.
If the Tenant(s) has any complaint regarding any issue about the Property, _________ shall be contacted by one of the following methods:
Address: _________
Telephone: _________
Email: _________
4. RENT
The Tenant(s) shall pay the Landlord monthly rent in the amount of $_________ (hereinafter, the "Rent") for each full month during this lease. The full month's rent is due and payable not later than the 1st day of each month. If that day falls on a legal holiday, the rent is due on the next business day.
If this Lease Agreement is for a Non-Rent Regulated property, the Landlord will be able to charge any rent agreed upon by the parties.
If this Lease Agreement is for a Rent regulated property, the initial rent and subsequent rent increases are set by law, and may be challenged by a tenant at any time. However, recovery of rent overcharge is limited to either four or six years preceding the complaint, depending on when the complaint is made.
Place of Payment:
The Tenant(s) shall remit all rent payment amounts owed to the Landlord under this Lease Agreement to the Landlord and make all amounts payable to the following address:
_________
The landlord may later change the person and place to which the Tenant(s) must remit the rental amounts due under this Lease Agreement.
Method of Payment:
The Tenant(s) shall pay all rent by selecting any of the following forms of payment (select one or more):
In the event that the Landlord agrees that the Tenant(s) shall have the right to sub-let the Property or any part thereof, or in the event that the Property is leased under any form of multiple or joint tenancy, the Tenant(s) shall be responsible for collecting the lease payment from the sublessee(s) or joint lessee and submitting it to the landlord in a single and complete payment.
Moreover, the Tenant(s) shall be responsible for any lease payment not received by the Landlord by the due date stated in the present Lease Agreement. All partial payments made for an incomplete monthly period shall be pro-rated at the rate of 1/30th of the monthly lease payment per day.
Lastly, the Landlord shall have the option to accept or reject payments made by third parties, but such acceptance or rejection of payment shall not imply a future obligation to accept or reject payments submitted by third parties.
5. RENT ADJUSTMENTS
If a Landlord of a non-rent regulated property intends to increase the rent by more than 5%, or does not intend to renew the tenancy, they must provide advanced written notice of:
• Thirty (30) days: if the tenant has occupied the unit for less than one year.
• Sixty (60) days: if the tenant has occupied the unit for more than one year but less than two years.
• Ninety (90) days: if the tenant has occupied the unit for more than two years.
If the Landlord of a rent regulated property intends to increase the rent, they must comply with the requirements and the maximum rent increases set each year by local Rent Guidelines Boards. In such case, if the Landlord believes he or she has grounds for an increase in rent due to economic hardship, or as a result of having undertaken a Major Capital Improvement or an Individual Apartment Improvement, he or she must file an application with the State Division of Housing and Community Renewal ("authorized agency").
The "authorized agency" will decide if the request is warranted. If the Landlord is entitled to an increase in rent or any other relief, it shall be binding upon the tenant. However, if the tenant believes that he or she has been overcharged, such tenant must file an overcharge complaint with the Office of Rent Administration or cancel the lease agreement by giving the Landlord a sixty (60) days written notice.
6. OCCUPANTS
In accordance with the New York Consolidated Laws, Real Property Law § 235-f, the tenant(s) shall inform the Landlord of the name of any occupant within thirty (30) days following the commencement of occupancy by such person or within thirty (30) days following a request by the Landlord.
However, no occupant nor occupant's dependent child shall, without express written permission of the Landlord, acquire any right to continued occupancy in the event that the tenant vacates the premises or acquire any other rights of tenancy.
7. SMOKING
Smoking is not allowed in or on any area of the Property, including individual units and common areas, both indoors and outdoors. This policy applies to all owners, tenants or guests.
If the Tenant(s) contravenes this provision by smoking or allowing guests to smoke in any place on the property, then such Tenant(s) shall be held liable for any damages caused to the Property or the Property. The violation of this provision shall be considered a just cause for the eviction of the Tenant(s) by the Landlord.
This restriction includes the use of e-cigarettes and vaping.
8. MAINTENANCE
The Landlord will have the responsibility to maintain the Property in good condition at all times and perform all repairs reasonably necessary to meet the implied warranty of habitability of the Property, that is, that the property is in a safe and livable condition.
9. REPAIRS
All requests for repairs must be in writing and delivered to the Landlord. Only in the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, the Tenant(s) may call the Landlord.
The Tenant(s) may not repair or cause to be repaired any condition, regardless of the cause, without the Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, and the selection of contractors, will be at the Landlord's sole discretion.
If, in an emergency, it shall become necessary to make any repairs or replacements by the Tenant(s) without prior written consent from the Landlord, at Landlord's expenses, and such repairs or replacements are found to be unsatisfactory and to have caused additional damages, the Tenant(s) shall reimburse Landlord for the cost of making such repairs.
10. UTILITIES AND SERVICES
The Tenant(s) shall be solely responsible for and shall pay expenses for all utilities and services used or consumed at the Property.
11. NEW YORK HEAT SEASON AND HOT WATER
During the heat season of each year (from October 1 through May 31), the Landlord is required by law to:
1) Maintain indoor temperatures at 68 degrees when outdoor temperatures fall below 55 degrees during the day; and
2) Maintain Indoor temperatures at 62 degrees overnight, regardless of outdoor temperatures.
The Landlord will also provide hot water at 120 degrees year-round.
12. ALTERATIONS AND IMPROVEMENTS
The Tenant(s) shall not make any alterations, additions, redecorations or any sort of improvements on the leased Property without the Landlord's prior written consent. All additions, alterations, fixtures or improvements made by the Tenant(s), except movable household furniture, shall become the Landlord's property and remain on the Property as part of the Property and shall be surrendered with the leased premises at the Termination of this Lease Agreement.
13. HAZARDOUS MATERIALS
The Tenant(s) shall not keep or have on the Property any article or item of a dangerous, flammable, or explosive material that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.
14. LANDLORD ACCESS TO PROPERTY
The Landlord and the Landlord's agents shall have the right at all reasonable times, and by all reasonable means during the term of this Lease Agreement and any renewal thereof, to enter the Property for the following purposes:
a. Survey the Property's condition and take photographs to document the condition.
b. Make repairs or improvements to the Property.
c. Supply agreed services.
d. Show the Property to prospective buyers or tenants.
e. Exercise a contractual or statutory lien.
f. Leave a written notice.
g. Seize nonexempt property if the Tenant(s) is in default.
Except in case of emergency, the Landlord will give the Tenant(s) reasonable notice of intent to enter. For these purposes, twenty-four (24) hour written notice will be deemed reasonable.
15. ASSIGNMENT / SUBLETTING
The Tenant(s) shall not assign or sublet this Lease Agreement, grant any license to use the Property or any interest in the Property or any part thereof, nor mortgage or pledge this Lease Agreement, without the prior written consent of the Landlord, which will not be unreasonably withheld. The Tenant(s) shall inform the Landlord of his intent to sublease in the manner required by Real Property Law §226-b.
In accordance with New York Consolidated Laws, Real Property Law - RPP §226-b the Landlord shall send a notice to the tenant of his consent or, if he does not consent, his reasons therefor within thirty (30) days after the mailing of the request for consent, or of the additional information reasonably asked for by the landlord, whichever is later. The Landlord's failure to send such a notice shall be deemed to be a consent to the proposed subletting.
If the Landlord consents, the Property may be sublet in accordance with the request, but the Tenant(s) thereunder, shall nevertheless remain liable for the performance of the tenant(s)'s obligations under this Lease Agreement.
If the Landlord reasonably withholds consent, there shall be no subletting and the Tenant(s) shall not be released from the lease.
If the landlord unreasonably withholds consent, the Tenant(s) may sublet in accordance with the request and may recover the costs of the proceeding and attorneys' fees if it is found that the Landlord acted in bad faith by withholding consent.
16. NOTICES
Notice required by statute will be given in accordance with the applicable statute. All other notices shall be deemed sufficient if made as follows:
(i) All notices to the Landlord shall be directed by personal delivery or first-class mail to the Landlord at the appropriate address set forth below, until Tenant is notified, in writing, to the contrary.
(ii) All notices to the Tenant(s) shall be directed by personal delivery or first-class mail to the Tenant(s) at the leased Property or any forwarding address provided in writing by the Tenant(s) to the Landlord.
Landlord:
_________
_________
Tenant:
_________
_________, _________, New York _________
Such addresses may be changed from time to time by any party by providing notice as set forth above.
17. VENUE AND GOVERNING LAW
Exclusive venue is in the county where the Property is located. This Lease Agreement shall be governed, construed and interpreted by the Laws of the State of New York.
IN WITNESS WHEREOF, the Landlord and the Tenant(s) have executed this Lease Agreement in the manner prescribed by law as of the Effective Date.
Landlord:
By: ____________________________ Date: ______________
_________
Tenant:
By: ____________________________ Date: ______________
_________
Operative Fire Sprinkler System Disclosure
Address: _________, _________, New York _________.
Pursuant to the New York State Real Property Law, Article 7, Section 231a, effective December 3, 2014 all residential leases must contain a conspicuous notice as to the existence or non-existence of a Sprinkler System in the Leased Premises.
A "Sprinkler System" is a system of piping and appurtenances designed and installed in accordance with generally accepted standards so that heat from a fire will automatically cause water to be discharged over the fire area to extinguish it or prevent its further spread (Executive Law of New York, Article 6-C, Section 155-a(5)).
There is NO Maintained Operative Sprinkler System in the Leased Premises.
Tenant acknowledges that it has read the above statements as to the Sprinkler System and that the information as to the existence or non-existence of a Sprinkler System is being provided to Tenant in accordance with New York State Real Property Law Article 7, Section 231-a.
Landlord:
By: ____________________________ Date: ______________
_________
Tenant:
By: ____________________________ Date: ______________
_________
New York Lease Agreement Inspection Checklist
Address: _________, _________, New York _________
The Tenant(s) has inspected the Property and states that the Property is in satisfactory condition, free of defects, except as noted below:
| SATISFACTORY | COMMENTS |
Bathrooms | _________ | _________________________ |
Carpeting | _________ | _________________________ |
Ceilings | _________ | _________________________ |
Closets | _________ | _________________________ |
Countertops | _________ | _________________________ |
Dishwasher | _________ | _________________________ |
Disposal | _________ | _________________________ |
Doors | _________ | _________________________ |
Fireplace | _________ | _________________________ |
Lights | _________ | _________________________ |
Locks | _________ | _________________________ |
Refrigerator | _________ | _________________________ |
Screens | _________ | _________________________ |
Stove | _________ | _________________________ |
Walls | _________ | _________________________ |
Windows | _________ | _________________________ |
Window coverings | _________ | _________________________ |
_________ | _________ | _________________________ |
_________ | _________ | _________________________ |
_____________________
Date
Tenant:
By: ____________________________ Date: ______________
_________
Acknowledged by Landlord:
By: ____________________________ Date: ______________
_________
Annual Notice Regarding Installation of Stove Knob Covers
This Stovetop Protection Notice regards the property with the following address:
_________, _________, New York _________.
The owner of this building is required, by Administrative Code §27-2046.4(a), to provide stove knob covers for each knob located on the front of each gas-powered stove to tenants in each dwelling unit in which a child under six years of age resides, unless there is no available stove knob cover that is compatible with the knobs on the stove. Tenants may refuse stove knob covers by marking the appropriate box on this form. Tenants may also request stove knob covers even if they do not have a child under age six residing with them, by marking the appropriate box on this form. The owner must make the stove knob covers available within 30 days of this notice. Please also note that an owner is only required to provide replacement stove knob covers twice within any one-year period. You may request or refuse stove knob covers by checking the appropriate box on the form below, and by returning it to the owner at the address provided. If you do not refuse stove knob covers in writing, the owner will attempt to make them available to you.
Please complete this form by checking the appropriate box, filling out the information requested, and signing. Please return the form to the owner at the address provided by such owner.
(INSERT DATE): _________________________, 20____.
☐ - Yes, I want stove knob covers or replacement stove knob covers for my stove, and I have a child under age six residing in my apartment.
☐ - Yes, I want stove knob covers or replacement stove knob covers for my stove, even though I do not have a child under age six residing in my apartment.
☐ - No, I DO NOT want stove knob covers for my stove, even though I have a child under age six residing in my apartment.
☐ - No, I DO NOT want stove knob covers for my stove. There is no child under age six residing in my apartment.
☐ - No, I DO NOT want stove knob covers for my stove because I have them already.
___________________________________ (Tenant Signature) ____________ (DATE)
Print Name, Address, and Apartment Number:
_______________________________________________________________________________________________________________________________________________
Return this form to: (Owner address):
_______________________________________________________________________________________________________________________________________________