This Residential Lease Agreement is made between the Landlord and Tenant identified in the Lease Summary. Landlord leases the apartment identified in the Lease Summary to Tenant for the lease term stated in the Lease Summary.
This Lease begins on the Lease Start Date and ends on the Lease End Date unless ended earlier or extended in writing as permitted by law. Tenant may not occupy the Apartment before the Lease Start Date unless Landlord gives written permission.
Tenant may use the Apartment only as a private residence. Tenant may not use the Apartment for any unlawful purpose, short-term rental, hotel use, transient occupancy, rooming-house use, commercial operation that affects the Building, or any use prohibited by law.
Only the Tenant(s) named in this Lease and lawful occupants permitted under NY Real Property Law § 235-f (the "Roommate Law") may reside in the Apartment. Tenant may not allow boarders, paying guests, transient occupants, or other unauthorized persons to live in the Apartment. Tenant has the right under § 235-f to share the Apartment with immediate family members and one (1) additional occupant plus that occupant's dependent children, as detailed in Section 14.
Tenant remains responsible for the conduct of all occupants, guests, invitees, agents, contractors, and any person Tenant permits into the Apartment or Building.
Tenant must pay the Monthly Rent stated in the Lease Summary. Rent is due on the first (1st) day of each month unless a different due date is stated in writing.
Rent must be paid to Landlord at the address, payment portal, account, or other method designated by Landlord in writing. Tenant must pay rent in full and may not deduct, withhold, offset, or reduce rent except where New York law expressly permits (such as a successful repair-and-deduct claim under Real Property Law § 235-b).
Landlord is not required to send a monthly rent bill before rent is due. However, under NY Real Property Law § 235-e(d), if Tenant fails to pay rent within five (5) days of the due date, Landlord must send a written notice by certified mail acknowledging the late payment before commencing a nonpayment proceeding.
If any rent payment is returned, rejected, reversed, charged back, or dishonored, Tenant must promptly replace the payment and shall pay a returned-payment fee not to exceed $20.00 per returned payment.
Late Fees. If rent is not received within five (5) days of the due date, Tenant shall pay a late fee equal to the lesser of $50.00 or 5% of the monthly rent, as permitted by NY Real Property Law § 238-a(2). No late fee shall be charged for the first five (5) days after the due date. Late fees are not rent and may not be collected through a nonpayment proceeding.
Tenant shall pay a Security Deposit in the amount stated in the Lease Summary. Under NY General Obligations Law § 7-108(1-a)(a), the Security Deposit may not exceed one (1) month's rent. The Security Deposit is not advance rent and may not be used by Tenant as the last month's rent under any circumstance.
The Security Deposit shall be held in trust for Tenant. For buildings of six (6) or more residential units, GOL § 7-103(2-a) requires the Security Deposit to be placed in an interest-bearing account in a New York banking institution, and Landlord must give Tenant written notice of the bank's name and address and the amount deposited. Interest, less an administrative fee of 1% per year, belongs to Tenant.
Landlord may deduct from the Security Deposit only: (i) unpaid rent; (ii) the reasonable cost of repairs for damage beyond ordinary wear and tear caused by Tenant or Tenant's guests; (iii) the reasonable cost of cleaning required to restore the Apartment to its condition at the start of the tenancy (ordinary wear and tear excepted); and (iv) other unpaid lawful charges under this Lease. Landlord may not deduct for ordinary wear and tear.
Tenant has the right to request a pre-move-out inspection. If Tenant requests an inspection in writing, Landlord shall conduct the inspection no earlier than two (2) weeks and no later than one (1) week before the Lease End Date and shall provide Tenant with an itemized statement of any conditions that, if not remedied, would result in deductions from the Security Deposit.
Within fourteen (14) days after Tenant vacates and returns possession, Landlord shall return the Security Deposit, together with an itemized statement of any deductions, as required by GOL § 7-108(1-a)(e). If Landlord fails to provide the itemized statement within 14 days, Landlord forfeits the right to retain any portion of the Security Deposit. Tenant must provide a forwarding address before vacating or immediately after vacating.
Before receiving possession, Tenant must pay all required move-in funds listed in the Lease Summary, including first month rent, security deposit, and any other lawful amount agreed to in writing. Landlord is not required to deliver keys, codes, fobs, or possession until all required move-in funds have cleared, except where prohibited by law.
| Service | Responsibility | Notes |
|---|---|---|
| Heat | Landlord Tenant | |
| Hot Water | Landlord Tenant | |
| Cooking Gas | Landlord Tenant | National Grid · 1-718-643-4050 |
| Electric | Landlord Tenant | Con Edison · 1-800-752-6633 |
| Water / Sewer | Landlord Tenant | |
| Internet / Cable | Landlord Tenant | |
| Other | Landlord Tenant |
Tenant must open, maintain, and pay all utilities assigned to Tenant. Tenant may not allow any required utility service to be shut off or interrupted because of Tenant's failure to maintain service.
Landlord shall provide all services required by the NYC Housing Maintenance Code, NY Multiple Dwelling Law, and this Lease, including heat and hot water as set forth in Section 19. If a Landlord-provided utility service is interrupted for more than twenty-four (24) hours due to causes within Landlord's control, Tenant may be entitled to a proportionate abatement of rent under the warranty of habitability. Temporary interruptions caused by utility-company outages, severe weather, governmental action, or other causes outside Landlord's reasonable control shall not give rise to abatement, but Landlord shall use reasonable diligence to restore service.
Tenant acknowledges that Tenant had an opportunity to inspect the Apartment before signing this Lease. Tenant accepts the Apartment in its present condition except for any conditions listed in the Move-In Condition Form attached to this Lease.
Tenant must promptly notify Landlord in writing of any condition requiring repair or attention after move-in. Photos, videos, written notes, and the Move-In Condition Form may be used to document the condition of the Apartment at the beginning of the tenancy.
Habitability. Landlord shall maintain the Apartment in compliance with the NY Real Property Law § 235-b warranty of habitability, the NYC Housing Maintenance Code, the NY Multiple Dwelling Law, and the NYC Building Code. Landlord's repair obligations cover structural elements, heat and hot water (per Section 19), plumbing and electrical systems, gas service, smoke and CO detectors, locks and entry doors, windows, common areas, and pest control.
Tenant's affirmative obligations. Tenant shall, at Tenant's expense: (i) keep the Apartment clean, sanitary, and free of waste, debris, and excessive clutter; (ii) use all fixtures, appliances, plumbing, electrical, heating, ventilation, doors, locks, windows, cabinets, flooring, and Building equipment in a safe and proper manner; (iii) refrain from causing damage beyond ordinary wear and tear; (iv) cooperate fully with Landlord's pest control, repair, and inspection schedules; and (v) comply with all reasonable directions from Landlord regarding care of the Apartment.
Mandatory written reporting. Tenant shall promptly notify Landlord in writing (email, text, or written notice) upon discovery of any of the following conditions: leaks, water intrusion, mold or mildew, pests (cockroaches, mice, rats, bedbugs), broken locks, doors, or windows; plumbing backups, slow drains, or running toilets; electrical issues; loss of heat or hot water; damaged appliances or fixtures; smoke or carbon monoxide detector defects; or any condition that could cause damage, injury, or violation. Tenant shall be liable for any damage caused or worsened by Tenant's failure to provide timely written notice, including but not limited to additional water damage, mold remediation costs, pest infestation expansion, and related repairs.
No claim without notice and opportunity to cure. Tenant shall not assert any claim for breach of habitability, diminution of services, or constructive eviction without first providing Landlord written notice of the alleged condition and a reasonable opportunity (not less than the time required by applicable law) to investigate and remedy the condition.
Tenant shall provide reasonable access to Landlord, Landlord's authorized agent, property manager, contractor, exterminator, plumber, electrician, inspector, insurance representative, lender, appraiser, government inspector, or other authorized service provider for the following purposes: making repairs; conducting inspections; performing routine maintenance; pest extermination; code compliance work; smoke detector, carbon monoxide detector, and lead/mold/allergen inspections; insurance and lender inspections; showing the Apartment to prospective tenants, buyers, or lenders; and any other lawful purpose related to the Apartment or Building.
Required notice periods:
- Non-emergency repairs and routine inspections: at least one (1) week's written notice, with entry occurring at a reasonable time (generally between 9:00 AM and 5:00 PM on a weekday) unless Tenant agrees otherwise in writing.
- Showing the Apartment to prospective tenants or buyers: at least twenty-four (24) hours' written notice.
- Emergencies (Section 11): no advance notice required.
Written notice may be given by email, text message, mail, hand delivery, or posting on the Apartment door. Tenant shall not unreasonably refuse, delay, cancel, or obstruct access. If Tenant cannot accommodate a proposed access time, Tenant shall promptly offer at least two (2) reasonable alternative dates within five (5) business days.
Limitation on Landlord access: Landlord may not use access rights to harass Tenant, repeatedly enter without legitimate purpose, or retaliate against Tenant for exercising legal rights. Repeated unreasonable access may constitute harassment under NYC Admin Code § 27-2004(a)(48).
In an emergency, Landlord or Landlord's authorized representative may enter the Apartment without advance notice when reasonably necessary to protect life, safety, property, building systems, or other occupants. Emergencies include active leaks, fire, smoke, smell of gas, suspected gas leak, electrical hazard, flooding, structural concern, no heat condition requiring immediate access, police/fire/EMS request, suspected abandonment, or any condition that may cause immediate harm or damage.
Tenant, occupants, guests, and invitees must not disturb other occupants, damage the Building, create unsafe conditions, interfere with Building operations, or violate written house rules. Tenant must comply with all reasonable written Building rules provided by Landlord, including rules regarding trash, recycling, noise, common areas, deliveries, moving, laundry, storage, roof access, fire escapes, hallways, and safety.
Tenant may not create excessive noise or nuisance; harass, threaten, or interfere with other occupants; block hallways, stairs, exits, fire escapes, yards, or common areas; store personal property in common areas without written consent; access the roof unless permitted in writing; or engage in illegal activity.
Quiet Hours. Pursuant to the NYC Noise Control Code (NYC Admin Code § 24-218), quiet hours are 10:00 PM to 7:00 AM daily. During these hours, Tenant shall not create or permit any noise that exceeds applicable sound limits or that unreasonably disturbs other occupants or neighbors, including loud music, television, voices, parties, construction, repairs, or use of appliances such as vacuums, washing machines, or dryers.
Tenant may not advertise, list, rent, license, sublet, share, or permit the Apartment or any part of it to be used for short-term, transient, hotel, vacation, Airbnb-style, booking-platform, or similar occupancy. Tenant may not receive money, services, credits, or other value in exchange for allowing any unauthorized person to occupy or use the Apartment. Violation of this section may be treated as a material lease violation to the extent permitted by law.
Assignment. Tenant shall not assign this Lease without Landlord's prior written consent, which Landlord may withhold in Landlord's reasonable discretion. If Landlord unreasonably refuses consent to a proposed assignment, Tenant's sole remedy is termination of this Lease on thirty (30) days' written notice (NY Real Property Law § 226-b).
Subletting. Under NY Real Property Law § 226-b, in buildings of four (4) or more residential units, Tenant has the right to sublet the Apartment subject to Landlord's consent, which shall not be unreasonably withheld. Tenant must:
- Send Landlord a written request by certified mail at least thirty (30) days before the proposed sublease begins;
- Include the proposed sublessee's name, business and home addresses, employer, and reason for subletting;
- Include Tenant's address during the sublease and a copy of the proposed sublease;
- Include written consent of any co-tenant or guarantor.
Landlord has thirty (30) days to consent or state reasons for refusal. Failure to respond within 30 days constitutes consent. If Landlord unreasonably withholds consent, Tenant may proceed with the sublet and recover legal fees in any subsequent action.
Roommates (NY RPL § 235-f). Tenant has the right to share the Apartment with: (i) Tenant's immediate family members; and (ii) one (1) additional occupant and that occupant's dependent children, provided Tenant or Tenant's spouse occupies the Apartment as a primary residence. Tenant must notify Landlord in writing of the name of any occupant within thirty (30) days after the occupancy begins or within thirty (30) days of Landlord's written request, whichever is later. Total occupancy is limited by applicable housing code (generally one occupant per 80 sq ft of living space).
Continuing liability. Tenant remains fully responsible for all obligations under this Lease throughout any sublease term and is liable for any breach by the sublessee. Acceptance of rent from any occupant, guest, sublessee, or third party does not create a tenancy with that person unless Landlord expressly agrees in writing.
No animal may be kept, harbored, brought into, or permitted in the Apartment or Building without Landlord's prior written consent, except as required by federal Fair Housing Act, NY Human Rights Law, or NYC Human Rights Law for service animals or emotional support animals supporting a disability-related accommodation.
NYC Pet Law (NYC Admin Code § 27-2009.1) — 90-Day Waiver. In any multiple dwelling in NYC, if Tenant openly and notoriously harbors a household pet for three (3) months or more and Landlord (or Landlord's agent) has knowledge of the pet and does not commence a summary proceeding or action to enforce a no-pet provision within that three-month period, the no-pet provision is deemed waived for that pet. This waiver applies only to the specific pet and only while Tenant continues to harbor it.
If Landlord permits a pet: Tenant is responsible for all noise, odors, waste, damage, injury, nuisance, cleaning, extermination, and additional insurance premiums caused by the pet. Tenant must license dogs as required by NYC Health Code, maintain current rabies vaccination, and immediately clean up after the pet inside and outside the Building. Landlord may not charge a separate "pet deposit" or "pet rent" in addition to the maximum one-month security deposit allowed under GOL § 7-108.
Assistance animals. Service animals and emotional support animals supporting a disability are not "pets" and are not subject to any no-pet provision, pet deposit, or pet fee. Tenant requesting reasonable accommodation should submit a written request to Landlord. Landlord may request reliable disability-related documentation from a healthcare provider if the disability is not obvious but may not require specific medical records or diagnosis.
Smoking, vaping, marijuana smoking, hookah use, and similar activity are prohibited inside the Apartment and common areas unless expressly permitted in a written rider. Tenant may not create odors, smoke, fumes, vapors, or air-quality conditions that disturb others, damage the Apartment, damage the Building, or violate law.
Tenant may not alter, install, remove, replace, paint, drill into, rewire, replumb, modify, attach, mount, or change any part of the Apartment or Building without Landlord's prior written consent. This includes walls, ceilings, floors, tile, cabinets, counters, doors, locks, windows, fixtures, appliances, plumbing, electrical, heating, ventilation, radiators, thermostats, smoke detectors, carbon monoxide detectors, cameras, antennas, satellite dishes, doorbells, shelving, flooring, wallpaper, paneling, and built-ins.
Tenant may not install or use any washing machine, dryer, dishwasher, portable washer, portable dryer, freezer, space heater, air conditioner, bidet, filtration system, water-connected appliance, or similar equipment without Landlord's prior written consent.
Tenant must use plumbing fixtures only for their intended purpose. Tenant may not place grease, wipes, paper towels, sanitary products, diapers, rags, food solids, chemicals, paint, construction debris, cat litter, hair buildup, or other improper materials into any sink, toilet, tub, shower, drain, garbage disposal, or plumbing fixture. Tenant must promptly report slow drains, backups, leaks, running toilets, dripping faucets, or plumbing issues.
Tenant may not alter, shut, block, remove, tamper with, cover, paint, disconnect, or misuse radiators, radiator valves, steam valves, thermostats, hot water equipment, smoke detectors, carbon monoxide detectors, plumbing systems, electrical systems, gas systems, fire safety equipment, intercoms, cameras, locks, alarms, or other Building equipment. Tenant must promptly report any issue with heat, hot water, radiators, valves, leaks, smoke detectors, carbon monoxide detectors, or safety equipment.
Tenant may not change, add, remove, copy, distribute, reprogram, disable, or alter any key, lock, digital code, fob, access card, mailbox key, intercom, entry system, or security device without Landlord's prior written consent. Tenant must not share access codes, keys, fobs, or entry devices with unauthorized persons. At the end of the tenancy, Tenant must return all keys, fobs, access cards, mailbox keys, garage devices, and other access items.
Formal legal notices (rent demands, notices to cure, termination notices, court papers) must be served in accordance with NY Real Property Actions and Proceedings Law (RPAPL) § 735, which requires (i) personal delivery to Tenant; or (ii) delivery to a person of suitable age and discretion at the Apartment, followed by mailing by certified and regular first-class mail within one (1) business day; or (iii) if the foregoing cannot be made with reasonable application, conspicuous-place delivery (affixing to the entrance door) followed by certified and regular mail within one (1) business day.
Operational communications — repair scheduling, rent reminders, access requests, maintenance updates, document requests, renewal reminders, and other non-legal communications — may be sent by email, text message, tenant portal, mail, hand delivery, or any other contact method Tenant has provided.
Tenant shall keep Landlord updated in writing with Tenant's current phone number, email address, and mailing address. Landlord shall provide Tenant with updated contact information for Landlord and Managing Agent within fifteen (15) days of any change (see Rider P).
The parties consent to the use of electronic records and electronic signatures for this Lease and related documents to the fullest extent permitted by law. A completed electronic signature, final signed PDF, signing certificate, timestamp, email record, authentication record, platform transaction record, and audit trail may be used to prove signing, delivery, receipt, and acceptance.
The parties acknowledge that the signed Lease and related signing records may be stored electronically by LeaseSigning.com or another document service. Copies may be made available to the parties through the platform, by email, or by other electronic delivery method. Long-term storage is provided according to the applicable platform retention policy, privacy policy, and terms of service. Landlord and Tenant are encouraged to download and retain their own copy of the fully signed Lease and all riders.
This Lease may require additional disclosures, riders, notices, or acknowledgments depending on the Apartment, Building, lease type, date of construction, funding source, occupancy type, and applicable law. NYC requires several specific disclosures and notices, identified below. The following documents are attached if checked:
Tenant acknowledges receipt of all checked documents.
Nothing in this Lease waives any right or obligation of Tenant under the Good Cause Eviction Law, the Housing Stability and Tenant Protection Act of 2019 (HSTPA), or any other tenant-protection law. If any provision of this Lease conflicts with these laws, the law shall control.
Rent Increase and Non-Renewal Notices (RPL § 226-c). If Landlord intends to increase the rent by 5% or more, or intends not to renew this Lease, Landlord must give Tenant written notice in advance of the increase or non-renewal as follows:
- 30 days' notice — if Tenant has occupied the Apartment less than one (1) year and does not have a lease of at least one year;
- 60 days' notice — if Tenant has occupied the Apartment for more than one (1) year but less than two (2) years, or has a lease term of at least one year but less than two years;
- 90 days' notice — if Tenant has occupied the Apartment for two (2) years or more, or has a lease term of two years or more.
If Landlord fails to provide timely notice, Tenant's tenancy continues at the existing rent until the full notice period has expired after notice is actually given (RPL § 226-c(1)).
Good Cause Eviction (effective April 20, 2024). If this tenancy is covered by the Good Cause Eviction Law (see Rider Q), Landlord shall comply with all applicable requirements, and annual rent increases shall not exceed the lesser of 10% or CPI + 5% (the "Local Rent Standard") absent statutory justification. Coverage and exemption status are disclosed in Rider Q.
If Landlord claims an exemption under the Good Cause Eviction Law, Landlord shall identify the basis for the exemption in Rider Q.
Tenant is in default under this Lease if Tenant fails to perform any obligation under this Lease or applicable law, including but not limited to: (a) failure to pay rent or lawful charges when due; (b) unauthorized occupancy in violation of Section 3; (c) illegal use of the Apartment; (d) creating a nuisance; (e) short-term rental in violation of Section 13 or Local Law 18; (f) unreasonable denial of lawful access under Section 10; (g) damage to the Apartment or Building beyond ordinary wear and tear; (h) unauthorized alterations or installations in violation of Section 17; (i) material false information in Tenant's rental application; (j) violation of House Rules (Rider A); (k) failure to maintain tenant-responsible utilities; (l) threats, harassment, or assault directed at Landlord, agents, contractors, Building staff, or other occupants; or (m) failure to cooperate with pest treatment, repairs, inspections, or code compliance work.
Nonpayment of rent (RPAPL § 711(2)). Before commencing a nonpayment summary proceeding, Landlord must serve Tenant with a fourteen (14)-day written rent demand by personal delivery, conspicuous-place delivery with mailing, or certified mail.
Lease violations (other than nonpayment). Before commencing a holdover summary proceeding for breach of Lease, Landlord must serve Tenant with a ten (10)-day Notice to Cure specifying the alleged violation, giving Tenant the opportunity to cure within ten (10) days. If Tenant fails to cure, Landlord may then serve a Notice of Termination giving Tenant at least an additional thirty (30) days to vacate.
Termination of month-to-month tenancy. A month-to-month tenancy may be terminated by either party on the notice schedule set forth in Section 25 (30, 60, or 90 days depending on length of tenancy).
Eviction process. All evictions shall proceed through the NYC Housing Court (or applicable Civil Court for the borough) following service of any required predicate notices. Landlord shall comply with all applicable procedural requirements, including notice provisions of the NY Real Property Actions and Proceedings Law (RPAPL).
Lawful conduct requirement. Landlord shall pursue all remedies through proper legal channels and shall not engage in self-help eviction, unlawful lockout, utility shutoff, or any conduct prohibited by RPAPL § 768.
Reciprocal Legal Fees (NY RPL § 234). If this Lease contains any provision allowing Landlord to recover attorneys' fees or expenses incurred in any action or summary proceeding arising out of this Lease, Tenant shall have an equal and reciprocal right to recover reasonable attorneys' fees and expenses in any action in which Tenant is the prevailing party. This right is implied by NY Real Property Law § 234 and cannot be waived.
The prevailing party in any action arising out of this Lease may recover reasonable attorneys' fees, court costs (including filing fees and service of process), and necessary collection costs, as awarded by the court. The right to recover fees is contingent on actual prevailing-party status and a court award. No party may collect attorneys' fees as part of rent or charge them to a security deposit before adjudication.
If any provision of this Lease purports to limit, eliminate, or non-reciprocally favor Landlord with respect to attorneys' fees, that provision is unenforceable and shall be deemed modified to provide reciprocal rights to Tenant.
Tenant shall immediately notify Landlord (and 911 where appropriate) of fire, smoke, flood, leak, casualty, or other dangerous condition.
Termination after substantial casualty (NY Real Property Law § 227). If the Apartment is destroyed or rendered substantially uninhabitable by fire, flood, or other casualty not caused by Tenant's negligence or willful act, Tenant may surrender possession and terminate this Lease by giving Landlord written notice, and Tenant's obligation to pay future rent ends as of the date of surrender. Tenant remains liable for rent accrued prior to the casualty.
Partial damage. If the Apartment is partially damaged but remains habitable, Landlord shall make repairs within a reasonable time. During the period any portion of the Apartment is uninhabitable, Tenant is entitled to a proportionate abatement of rent equal to the percentage of the Apartment rendered unusable, based on the value of the lost use (NY Multiple Dwelling Law § 78; RPL § 235-b implied warranty of habitability).
Insurance. Landlord is not responsible for damage to or loss of Tenant's personal property except where caused by Landlord's negligence or willful act. Tenant is strongly encouraged to obtain renter's insurance covering personal property, liability, and additional living expenses in the event of casualty.
If Landlord sells, transfers, assigns, or otherwise conveys the Building or Apartment, Landlord may transfer this Lease, tenant records, lease records, security deposit records, and related documents to the new owner, managing agent, or authorized party as permitted by law. After a lawful transfer, Tenant must recognize the new owner or authorized party as Landlord upon notice of the transfer.
At the end of the tenancy (whether by expiration, termination, or surrender), Tenant shall:
- Vacate by 12:00 noon on the Lease End Date (or such other date stated in writing);
- Remove all of Tenant's personal property from the Apartment, basement, storage areas, and common areas;
- Leave the Apartment broom-clean, free of trash and personal belongings, with all surfaces wiped and floors swept;
- Return all keys, fobs, access cards, mailbox keys, garage devices, parking permits, and entry codes to Landlord or Landlord's designated representative;
- Restore the Apartment to substantially the same condition as at move-in, ordinary wear and tear excepted (refer to the Move-In Condition Form in Rider E);
- Remove any unauthorized installations or alterations Tenant made under Section 17, if Landlord so requests in writing;
- Provide Landlord with a written forwarding address for return of the Security Deposit and any required notices;
- Cooperate with a joint move-out inspection if requested by either party.
Right to pre-move-out inspection. Tenant may request a pre-move-out inspection in writing. Landlord shall conduct the inspection between one (1) and two (2) weeks before the Lease End Date and provide Tenant with a written list of any conditions that, if not corrected, would result in deductions from the Security Deposit. Tenant shall have the opportunity to cure listed conditions before vacating (GOL § 7-108(1-a)(d)).
Holdover. If Tenant fails to vacate by the Lease End Date and Landlord does not accept rent or otherwise consent to continued occupancy, Tenant is a holdover tenant subject to summary eviction proceedings. Tenant shall be liable for the actual cost of holdover damages, including use and occupancy at the monthly rent rate, plus any consequential damages incurred by Landlord (such as lost rent from an incoming tenant). Doubled rent ("use and occupancy" at twice the monthly rent) is no longer permitted under HSTPA absent a specific court award.
Tenant shall return possession in good condition, ordinary wear and tear excepted. "Ordinary wear and tear" includes minor scuffs and nail holes from hung pictures, faded paint, worn carpet from normal foot traffic, and similar conditions consistent with reasonable use over the lease term. It does not include damage from pets, smoke, broken fixtures, holes in walls, stains requiring professional cleaning or replacement, or damage caused by Tenant, guests, or unauthorized occupants.
Property remaining after surrender of possession. If Tenant leaves personal property in the Apartment after vacating or after lawful eviction, Landlord shall:
- Inventory and store the property in a safe location for a minimum of thirty (30) days;
- Send Tenant written notice by mail to Tenant's forwarding address (or last known address) describing the property and stating that it will be disposed of if not claimed within thirty (30) days;
- Allow Tenant to reclaim the property during the thirty (30)-day period upon payment of reasonable storage costs (not exceeding the actual cost incurred by Landlord);
- After expiration of the thirty (30)-day period, Landlord may dispose of the property by sale, donation, or discard. Net proceeds of any sale, after deduction of reasonable removal and storage costs and any unpaid rent, shall be held for Tenant for an additional six (6) months.
Property of de minimis value (clearly garbage, perishables, items with no reasonable resale value) may be discarded immediately without notice.
Landlord shall not be liable for damage to or loss of property left behind by Tenant absent gross negligence or willful misconduct by Landlord.
This Lease, including all attached riders, disclosures, addenda, and acknowledgments (Riders A through Q), is the entire agreement between Landlord and Tenant regarding the Apartment. Any change to this Lease must be in writing and signed by both parties. No oral statement, advertisement, text message, email, representation, or prior discussion changes this Lease unless included in a signed written modification. Nothing in this Section waives any non-waivable right under New York law, including the warranty of habitability (RPL § 235-b), tenant rights under HSTPA and Good Cause Eviction, the right to recover reciprocal attorneys' fees (RPL § 234), or any other statutory tenant protection.
If any part of this Lease is found invalid, unlawful, or unenforceable, the remaining parts shall continue in effect to the fullest extent permitted by law.
Landlord's acceptance of rent, delay in enforcement, partial enforcement, or failure to enforce any lease term on one occasion does not waive Landlord's right to enforce the Lease later. Tenant's payment of rent, continued occupancy, or failure to object immediately does not waive Tenant's rights except as provided by law.
This Lease binds Landlord, Tenant, and their lawful successors, assigns, heirs, representatives, and permitted occupants to the extent permitted by law.
This Lease becomes effective when signed by all required parties and delivered electronically or otherwise to the parties, unless a different effective date is required by law or stated in writing. By signing, each party confirms that they have read this Lease, received the attached riders and disclosures checked above, and agree to be bound by this Lease.
Joint and Several Liability. If two (2) or more persons sign this Lease as Tenant, each Tenant is jointly and severally liable for all obligations under this Lease. This means each Tenant is individually responsible for the full amount of rent and all other obligations, and Landlord may pursue collection against any one or more Tenants for the entire amount owed, regardless of any private arrangement among Tenants.
- No excessive noise, nuisance, harassment, threats, or conduct that disturbs other occupants.
- Quiet hours are 10:00 PM to 7:00 AM daily, in accordance with the NYC Noise Control Code (NYC Admin Code § 24-218).
- No smoking, vaping, marijuana smoking, hookah use, or similar activity unless expressly permitted in writing.
- No roof access unless expressly permitted in writing.
- No storage in hallways, stairs, fire escapes, common areas, yards, basements, mechanical rooms, utility rooms, or exits without written consent.
- No items may be placed on fire escapes, windowsills, exterior walls, railings, or common areas.
- Trash and recycling must be separated, bagged, and placed only in designated areas and at designated times.
- Tenant may not create pest conditions, unsanitary conditions, hoarding conditions, odors, leaks, or unsafe conditions.
- Tenant must cooperate with extermination, pest treatment, repairs, inspections, and code-compliance work.
- Tenant may not interfere with Building systems, utility areas, meters, boilers, heaters, water heaters, electrical panels, cameras, locks, alarms, or safety equipment.
- Tenant may not use common areas for personal storage, furniture, bicycles, scooters, strollers, trash, appliances, or other items unless Landlord gives written consent.
- Tenant is responsible for the conduct of all occupants, guests, invitees, and persons Tenant allows into the Apartment or Building.
Tenant must provide reasonable access for repairs, inspections, maintenance, extermination, code compliance, and other lawful purposes. Except in an emergency or where otherwise permitted by law, Landlord will provide reasonable advance notice before access. Tenant must not unreasonably refuse, delay, cancel, obstruct, or interfere with access. If Tenant cannot provide access at a proposed time, Tenant must promptly offer reasonable alternative dates and times.
The parties agree that this Lease and related documents may be signed electronically. The parties agree that electronic signatures, electronic initials, platform authentication records, email records, timestamps, IP records, signing certificates, and audit trails may be used as evidence of signing, delivery, receipt, and acceptance. The parties agree that a signed electronic copy may be treated as an original to the fullest extent permitted by law. Each party should download and keep a copy of the fully signed Lease.
Tenant must maintain all utilities assigned to Tenant and must not allow required services to be disconnected because of nonpayment, neglect, or failure to open an account. Tenant must not tamper with meters, utility lines, panels, shutoff valves, boilers, hot water equipment, radiators, thermostats, or Building systems. Tenant must promptly notify Landlord of utility problems, service interruptions, leaks, gas odors, electrical hazards, or unsafe conditions.
| Area | Condition / Notes |
|---|---|
| Entry Door / Locks | _______________________________ |
| Living Room | _______________________________ |
| Bedroom 1 | _______________________________ |
| Bedroom 2 | _______________________________ |
| Bedroom 3 | _______________________________ |
| Kitchen | _______________________________ |
| Bathroom 1 | _______________________________ |
| Bathroom 2 | _______________________________ |
| Windows | _______________________________ |
| Floors | _______________________________ |
| Walls / Paint | _______________________________ |
| Ceilings | _______________________________ |
| Appliances | _______________________________ |
| Plumbing | _______________________________ |
| Electrical | _______________________________ |
| Heat / Radiators | _______________________________ |
| Smoke / CO Detectors | _______________________________ |
| Other | _______________________________ |
The Security Deposit is not advance rent and may not be used as last month's rent. The Security Deposit shall be handled according to the Lease and applicable law.
Guarantor guarantees the obligations of all Tenants named above, jointly and severally, under the Lease.
Scope of Guaranty. Guarantor irrevocably and unconditionally guarantees the full and timely performance of all Tenant's obligations under this Lease, including: (i) payment of monthly rent for the entire Lease term; (ii) late fees lawfully assessed under Section 4 (capped at $50 or 5% of rent, whichever is less); (iii) returned-payment fees (up to $20 per occurrence); (iv) damages beyond ordinary wear and tear, supported by itemized documentation; (v) unpaid utilities for which Tenant is responsible under Section 7; and (vi) reasonable attorneys' fees and court costs awarded to Landlord in any action against Tenant.
Duration. This Guaranty remains in effect for the original Lease term plus any extension or renewal accepted by Tenant. Guarantor is NOT liable for rent or charges accruing after the Lease End Date if Tenant becomes a month-to-month or holdover tenant, unless Guarantor signs a written renewal of this Guaranty.
Notice of default. Landlord shall provide Guarantor with written notice of Tenant's default within thirty (30) days of the default. Failure to provide timely notice does not release Guarantor but may limit Guarantor's liability for charges that could have been mitigated with prompt notice.
Reciprocal attorneys' fees. If Guarantor prevails in any action arising from this Guaranty, Guarantor may recover reasonable attorneys' fees and costs under NY Real Property Law § 234.
Guarantor acknowledges (i) receipt of a copy of the Lease; (ii) the opportunity to consult independent counsel; and (iii) that this Guaranty is given for valuable consideration as a material inducement to Landlord to enter into this Lease with Tenant.
YOU ARE REQUIRED BY LAW TO HAVE WINDOW GUARDS INSTALLED if a child 10 years of age or younger lives in your apartment. Your landlord is required by law to install window guards in your apartment if a child 10 or younger lives in your apartment, OR if you ask the landlord to install window guards at any time. (You need not give a reason.)
It is a violation of law to refuse, interfere with installation, or remove window guards where required, or to fail to complete and return this form to the landlord, or to fail to install window guards where required upon receipt of this form. Window guards are required on all windows except a window giving access to a fire escape, or in a first floor window which is a required secondary exit.
Check One:
Each adult Tenant should complete this disclosure for their household.
Pursuant to the NYC Housing Maintenance Code, the owner/managing agent of residential rental property is required to furnish to each tenant signing a vacancy lease a notice that sets forth the property's bedbug infestation history.
Bedbug Infestation History — Building & Apartment
Landlord must also provide or post the DOHMH "Preventing and Getting Rid of Bedbugs Safely" guide and the annual filing receipt from HPD.
THE FOLLOWING NOTICE IS PROVIDED IN ACCORDANCE WITH NEW YORK REAL PROPERTY LAW § 231-A:
Check One:
If the apartment is equipped with an operative sprinkler system, the following information regarding maintenance and inspection history is provided:
FLOOD ZONE STATUS. All or part of the leased premises is located in:
PRIOR FLOOD DAMAGE. The leased premises:
Renter's Insurance Notice: Flood insurance is available to renters through the National Flood Insurance Program to cover personal property and contents. Tenant's personal property may not be covered by Landlord's insurance and Tenant is encouraged to obtain flood insurance.
The owner of your apartment is required by law to inspect your apartment for indoor allergen hazards including mold, cockroaches, mice, and rats at least once a year, when the apartment is vacant prior to new occupancy, when requested in writing by a tenant, or when the owner has actual knowledge of a condition.
The owner must keep your apartment free of pests and mold and must use safe work practices, including integrated pest management practices, to fix the underlying defects and conditions causing pests and mold.
Current Conditions (Landlord Disclosure):
Tenant shall promptly report in writing any mold, pests (cockroaches, mice, rats), or moisture problems to Landlord so that timely investigation and remediation can occur.
IF YOU SMELL GAS, ACT IMMEDIATELY:
- Do NOT light a match, candle, or cigarette.
- Do NOT turn on or off any electrical appliance, light switch, or thermostat.
- Do NOT use any telephone (including cell phones) inside the building.
- OPEN windows and doors to ventilate.
- LEAVE the building immediately.
- From a safe location OUTSIDE the building, call 911, then call the gas utility:
- Con Edison: 1-800-752-6633 (Manhattan, Bronx, parts of Queens, Westchester)
- National Grid: 1-718-643-4050 (Brooklyn, Queens, Staten Island, Long Island)
Natural gas is colorless and odorless; utilities add a "rotten egg" or sulfur smell so leaks can be detected. Never ignore a gas odor. Notify Landlord after you have called 911 and the utility.
Tenant acknowledges receipt of an approved and operational smoke detecting device in the apartment at the commencement of occupancy. Tenant is responsible for the maintenance and repair of the device (including testing and battery replacement, where applicable) and for notifying Landlord in writing of any defect, malfunction, or failure.
Landlord is responsible for replacing any device that becomes inoperable within one year of installation due to a manufacturing defect, and for installation of new compliant devices as required by law (10-year sealed-battery smoke alarms in most cases).
Tenant may be charged $25 for replacement of a stolen or intentionally damaged smoke detector / $50 if combined CO/smoke.
Number of Smoke Detectors Installed at Commencement: ______
Tenant acknowledges receipt of an approved and operational carbon monoxide (CO) detecting device installed within 15 feet of the primary entrance to each sleeping room at the commencement of occupancy. Tenant is responsible for the maintenance and repair of the device (including testing and battery replacement, where applicable) and for notifying Landlord in writing of any defect, malfunction, or failure.
Carbon monoxide is a colorless, odorless, deadly gas. Common sources include faulty heating systems, gas appliances, fireplaces, and idling vehicles. Symptoms of CO poisoning include headache, dizziness, weakness, nausea, vomiting, chest pain, and confusion.
If CO alarm sounds: Open windows, leave the apartment immediately, and call 911 from outside. Do not re-enter until cleared by emergency responders.
Number of CO Detectors Installed at Commencement: ______
Pursuant to NY Real Property Law § 235-e, Tenant is hereby provided with the following contact information for the Owner of the premises and, if applicable, the Managing Agent:
Owner must provide updated contact information within 15 days of any change.
Coverage Status of This Tenancy:
Good Cause Eviction Law — Summary: Where applicable, the law limits non-renewal of leases without statutory "good cause" (nonpayment, lease violation, nuisance, illegal use, refusal to renew at lawful rent, and other enumerated grounds). Lease renewals must offer the same terms, with rent increases limited as described above.
If claiming an exemption, landlord must identify the basis and provide supporting information upon tenant's written request.
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 lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
Lessor's Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(b) Records and reports available to the lessor (check (i) or (ii) below):
Lessee's Acknowledgment (initial each)
Agent's Acknowledgment (if applicable)
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.
Important: This disclosure is required by federal law for all residential housing built before 1978. The EPA pamphlet "Protect Your Family from Lead in Your Home" must be physically or electronically provided to Tenant before lease signing. Penalties for non-compliance include civil fines and treble damages. If the building is certified lead-free, post-1977 construction, a 0-bedroom dwelling, or qualifies for another federal exemption under 24 CFR § 35.82, this rider may be omitted.
Smoking Policy for This Property
Landlord hereby establishes the smoking policy applicable to the Apartment and Building. Landlord adopts this policy as a condition of tenancy regardless of the size of the Building.
Definition of "Smoking"
For purposes of this rider and this Lease, "smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or other tobacco product; any lighted or heated electronic cigarette, vape pen, or electronic smoking device; any lighted or heated cannabis or marijuana product (whether for medical or recreational use); and any other lighted or heated plant product intended for inhalation, regardless of the source.
Tenant Acknowledgments and Obligations
- Tenant has received and read this No-Smoking Policy prior to signing this Lease.
- Tenant shall comply with the smoking policy stated above and shall ensure that all occupants, guests, invitees, and any other person Tenant permits in the Apartment or Building also comply.
- Tenant shall promptly notify Landlord of any observed violation of the smoking policy by other persons in the Building.
- Tenant acknowledges that smoke and odor migrate between dwelling units and that Landlord cannot guarantee a smoke-free environment, but will use reasonable efforts to enforce this policy.
- Tenant shall be liable for all costs incurred by Landlord as a direct or indirect consequence of Tenant's (or Tenant's guests') violation of this policy, including but not limited to: deep cleaning, deodorization, sealing and repainting of walls and ceilings, replacement of carpet and window treatments, HVAC cleaning, restoration of adjacent units affected by smoke migration, and any damages claimed by other tenants.
- Violation of this policy constitutes a material breach of this Lease, subject to the default and remedy provisions of Section 26.
Disclosure of Other Smoking Permitted Areas in the Building
If smoking is permitted in any area of the Building not occupied by Tenant (such as adjacent units or common areas), Landlord discloses those locations below:
Note: Under NYC Local Law 147, owners of buildings with three (3) or more residential units must have a written smoking policy and must disclose it to all prospective and current tenants. The policy must be updated and re-disclosed if changed. Failure to disclose may subject Landlord to civil penalties.
Tenant has no general right to terminate this Lease before the Lease End Date except as expressly provided by law (e.g., RPL § 227 casualty; military service under SCRA; victim-of-violence protections under RPL § 227-c). If Tenant wishes to vacate before the Lease End Date for any other reason, Tenant may elect one of the two options below:
Option 1: Mitigation Method (Default)
Tenant shall:
- Provide Landlord with at least sixty (60) days' written notice of intent to vacate, stating the proposed vacate date;
- Cooperate fully with Landlord's reasonable efforts to re-rent the Apartment, including allowing showings (per Rider U);
- Continue to pay rent through the earlier of (a) the date a new qualified tenant takes occupancy or (b) the Lease End Date;
- Pay Landlord's reasonable re-letting costs, including documented advertising costs and broker commission (capped at one (1) month's rent);
- Leave the Apartment in the condition required by Section 30 (Move-Out and Surrender).
Option 2: Buyout (Liquidated Damages)
In lieu of Option 1, Tenant may elect to terminate this Lease by paying Landlord a buyout fee equal to two (2) months' rent, plus all rent and charges accrued through the surrender date. Upon receipt of the buyout fee and surrender of the Apartment in the condition required by Section 30:
- Tenant's obligation to pay future rent ends;
- Landlord's duty to mitigate is satisfied;
- The Security Deposit is returned per Section 5, less any deductions for damages.
The buyout option requires Landlord's prior written acceptance and is not unilaterally exercisable by Tenant.
Buyout Election (Check One)
Nothing in this rider waives any tenant right under SCRA (military service), RPL § 227-c (victims of domestic violence), or other non-waivable statutory protections.
This rider expands the access provisions of Section 10 to address Landlord's need to show the Apartment to prospective tenants, buyers, lenders, and appraisers during the final period of the Lease term, while in any holdover period, and when Tenant has given notice of early termination.
Showing Period
During the final sixty (60) days of the Lease term, and at all times following Tenant's notice of intent to vacate (whether early or at lease end), Tenant shall allow Landlord and Landlord's agents to show the Apartment to prospective tenants, buyers, lenders, appraisers, and inspectors.
Notice and Scheduling
- Landlord shall provide at least twenty-four (24) hours' advance notice by text message, email, or written notice;
- Showings shall occur between 9:00 AM and 8:00 PM, Monday through Saturday;
- Sunday showings require Tenant's prior consent;
- Landlord shall use reasonable efforts to consolidate showings to minimize disruption.
Tenant Cooperation
Tenant shall:
- Keep the Apartment in reasonably presentable condition during the showing period;
- Not unreasonably refuse, delay, or obstruct scheduled showings; if Tenant cannot accommodate a proposed time, Tenant shall promptly offer at least two (2) reasonable alternative times within forty-eight (48) hours;
- Permit Landlord to install a lockbox during the final thirty (30) days of the Lease term to facilitate showings by licensed real estate agents;
- Permit a "For Rent" or "For Sale" sign to be displayed in the window or on the door during the showing period, subject to Building rules.
Photography and Marketing
Landlord may take photographs and video of the Apartment for marketing purposes upon twenty-four (24) hours' notice. Photographs shall not capture Tenant's personal property in a way that identifies Tenant or invades privacy; Tenant shall have the opportunity to remove or cover personal items before photography.
Unreasonable refusal of access during the showing period constitutes a material breach of this Lease and may result in Tenant's liability for lost rent if the Apartment cannot be re-rented in a timely manner.
The Apartment is leased solely for use as a private residence for Tenant and lawful occupants permitted under Section 3 and RPL § 235-f. This rider supplements Section 3 with specific restrictions on commercial and business uses.
Prohibited Uses
Tenant shall not, without Landlord's prior written consent, use any portion of the Apartment for:
- Any commercial, retail, manufacturing, or industrial operation;
- Any business that involves regular client, customer, patient, or vendor traffic to the Apartment;
- Any business that involves storage of commercial inventory, hazardous materials, flammable liquids, or large quantities of supplies;
- Any business that requires a use permit, certificate of occupancy modification, or zoning variance;
- Daycare, childcare, adult care, or similar care services for non-residents;
- Music, dance, fitness, or instruction studios serving clients on premises;
- Food preparation for commercial sale or distribution;
- Any activity that violates the Building's Certificate of Occupancy or insurance policy;
- Manufacturing, distribution, or storage of any controlled substance, including cannabis (regardless of state legalization status);
- Any activity that creates noise, odors, vibrations, traffic, or other conditions that disturb other occupants or violate building rules.
Permitted Home Office Use
Tenant may use the Apartment for a home office consistent with the following limitations, which do not require Landlord's consent:
- The use is incidental to residential occupancy and does not change the residential character of the Apartment;
- No employees report to the Apartment;
- No regular client, customer, or vendor visits the Apartment;
- No signage, advertising, or public-facing identification of the business at the Apartment or Building;
- No commercial deliveries beyond normal residential parcel volume;
- The use complies with the Building's Certificate of Occupancy, applicable zoning, and Landlord's insurance requirements.
Tenant's Obligations
- Tenant shall obtain and maintain any business licenses, permits, and insurance required for any home office or work-from-home activity;
- Tenant shall not file any business address, sales-tax registration, or commercial certificate naming the Apartment as a business location without Landlord's written consent;
- Tenant shall indemnify Landlord for any claims, damages, fines, or losses arising from Tenant's business use of the Apartment, including third-party injury claims and zoning or code enforcement actions;
- Violation of this rider constitutes a material breach of the Lease subject to Section 26 remedies.
The Servicemembers Civil Relief Act (SCRA) provides important protections to active-duty members of the U.S. Armed Forces, including the right to terminate residential leases without penalty upon receipt of military orders for a permanent change of station or deployment for at least ninety (90) days.
Tenant Status Disclosure
SCRA Termination Rights (Summary)
A servicemember-tenant may terminate this Lease without penalty by:
- Delivering written notice of termination to Landlord;
- Including a copy of military orders for a permanent change of station, deployment of ninety (90) days or longer, or entry into active duty;
- Termination becomes effective thirty (30) days after the next rental payment due date following delivery of notice.
Upon valid SCRA termination, Landlord shall promptly return any unearned prepaid rent and the Security Deposit subject to lawful deductions under Section 5.
Ongoing Notification
Tenant agrees to notify Landlord in writing within fifteen (15) days of any change in active-duty status occurring during the Lease term. Failure to notify Landlord of military status before commencement of any eviction or collection action may delay or affect the exercise of certain SCRA protections.
This summary is provided for informational purposes; SCRA rights are governed by federal statute and cannot be waived or limited by this Lease.