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New York House Lease Agreement Form

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New York House Lease Agreement Form Page 2
New York House Lease Agreement Form
House Lease
Consult your lawyer before signing this lease
Premises may be reoccupied. Monthly Rent for the period that
Tenant cannot occupy the Premises because of the damage shall
be forgiven.
In the event that Landlord terminates this Lease because of
the damage, Landlord shall give Tenant thirty (30) days notice
of Landlord’s intent to so terminate, in which event, Monthly
Rent shall be due for the period up to the date the Premises
incurred the damage.
12. Liability
Landlord shall not be liable for any loss, damage or expense
to any person or property except if such loss is caused by the
willful acts of Landlord.
Tenant shall be liable for the acts of Tenant, Tenant’s family,
guests and/or invitees. Landlord’s cost and expense in repairing
any such damage or from any claim resulting from such acts
shall be billed as Additional Rent and shall be paid by Tenant to
Landlord.
13. Assigning or Subletting
This Lease may not be assigned by Tenant nor shall Tenant
sublet the Premises.
14. Subordination
This Lease and Tenant’s rights hereunder are subject and
subordinate to all existing and future leases for the land on
which the Premises stand, to all mortgages on said leases and/or
the Premises and/or the land and all renewals, modifications and
extensions thereof. Upon request by Landlord, Tenant shall
execute any certificate to this effect.
15. Landlord’s Consent
If, under the terms of this Lease, the consent of Landlord is
required, such consent shall not be unreasonably withheld.
16. Entry, Keys, Locks
Upon reasonable notice and at reasonable times, Landlord
may enter the Premises to inspect, repair or to show it to
prospective purchasers, tenants or lenders. Tenant shall give
Landlord keys to all locks for the Premises. Tenant shall not
change any locks or add any locks to the Premises without
obtaining Landlord’s consent, and if given, Tenant shall provide
keys to Landlord for these locks.
17. Signs
Tenant shall not place any signs on the Premises or upon the
grounds on which the Premises stand or in the Premises so as to
be seen from outside the Premises.
Landlord shall have the right to place or cause to be placed on
the Premises and/or upon the grounds on which the Premises
stand “For Rent” and/or “For Sale” signs.
18. Compliance with Authorities
Tenant shall, at its own cost and expense, comply promptly
with all laws, rules, ordinances and directions of governmental
and/or municipal authorities, insurance carriers and/or
homeowners’ associations.
19. Tenant’s Defaults, Landlord’s Remedies
A. Landlord must give Tenant notice of default (except for a
default in the payment of Monthly Rent and/or Additional Rent)
and Tenant, upon receipt of such notice must cure the default
within the time stated hereinafter:
1. a default under Paragraphs 8, 9, 10, 11, 12, 13, 16 or
17, 18 of this Lease, ten (10) days;
2. a default under Paragraph 21 of this Lease, thirty
(30) days.
B. In the event that Tenant fails to cure a default within the
time stated therefore, Landlord may terminate this Lease. In
such event, Landlord shall give Tenant notice stating the date
upon which this Lease shall terminate, such date being not less
than three (3) days after the date of such notice at which time
this Lease shall then terminate. Tenant shall be responsible for
Monthly Rent and Additional Rent as set forth in this Lease up
to the date of termination.
C. If this Lease is terminated or Tenant vacates the Premises
prior to the Termination Date, Landlord may enter the Premises
and remove Tenant and any person or property and/or
commence summary proceedings for eviction. The aforesaid
actions are not the sole remedies of Landlord.
D. If this Lease is cancelled or Landlord takes back the
Premises
1.
Monthly Rent and Additional Rent for the unexpired
portion of the Lease Term immediately becomes due and
payable. In addition, any cost or repair expended by Landlord
shall be the obligation of Tenant and shall be deemed Additional
Rent.
2. Landlord may re-rent the Premises and anything in it
for any term and at any rental and any cost in connection
therewith shall be borne by Tenant which may include, but is
not limited to the cost of repairs, decorations, preparation for
renting, broker’s fees, advertising costs and attorney’s fees.
Any rent recovered by Landlord for the re-renting of the
Premises shall reduce the amount of money that Tenant owes to
Landlord.
20. Condemnation
If any or part of the Premises is taken or condemned by any
governmental authority, Landlord may cancel this Lease on
notice to Tenant and Tenant’s rights hereunder shall end as of
the date the authority takes title to the Premises which
cancellation date cannot be less than thirty (30) days from the
date of Landlord’s notice. Tenant shall be liable for Monthly
Rent and Additional Rent to the date of cancellation and shall
make no claim for the unexpired term of the Lease. Any award
for the condemnation is the property of Landlord and Tenant
assigns to Landlord any and all rights, interest and/or claim in
and to such award.
21. Bankruptcy
Should Tenant file a voluntary petition in bankruptcy or an
involuntary petition is filed against Tenant, or should Tenant
assign any property for the benefit of creditors or should a
trustee/receiver be appointed of Tenant and/or Tenant’s
property, Landlord can cancel this Lease upon thirty (30) days
written notice to Tenant.
22. Notices
Any notice to be given under this Lease shall be in writing
addressed to the party at the addresses set forth herein by
certified mail or overnight courier service. Notice by Landlord
to one named Tenant shall be deemed given to all Tenants and
occupants of the Premises. Each party hereto shall accept
notices sent by the other. Any change of address by one party
must be given, by notice, to the other. Notice shall be deemed
given when posted or delivered to the overnight courier service.
23. Waiver of Jury Trial, Set-Off or Counterclaim
The parties hereto waive trial by jury in all matters except for
personal injury or property damage claims. In a summary
proceeding for eviction, Tenant waives Tenant’s right to any
set-off and/or counterclaim.
24. Broker
Tenant states that
is the sole Broker who showed the Premises to Tenant. Tenant
shall hold harmless and indemnify Landlord for any monies
expended by Landlord should Tenant’s statement herein be
untrue.
25. Inability of Landlord to Perform
If Landlord is unable to perform any of its obligations to
be performed hereunder due to governmental orders, labor
strife or inability to secure goods or materials, through no
fault on the part of Landlord, this Lease shall not be
terminated or cancelled and such inability shall not impact
upon Tenant’s obligations hereunder.
26. Illegality
Should any part of this Lease be deemed illegal, the
remaining portions of this Lease shall not be affected thereby
and shall remain in full force and effect.
27. Non-Disturbance
So long as Tenant pays the Monthly Rent and Additional Rent
and there exists no defaults under any of the terms of this Lease,
Tenant may peacefully occupy the Premises for the Lease Term.
New York House Lease Agreement Form