Rental Agreement

RENTAL AGREEMENT AGREEMENT made __________________________, 20______, between:__________________________________________________, New York 13______, as Landlord; and____________________________________________________, New York 13______, as Tenant, 1. DEMISED PREMISES. Landlord rents to Tenant the property located at________________________________________________, New York 13______, together with all improvements erected thereon and all fixtures and fittings attached to or used in the operation thereof ("premises"). Also included as part of the premises shall be the following furnishings and/or appliances currently in or on the premises: _____________________________________________________________________________. 2. TENANCY. The tenancy shall be month to month, commencing on the first day of__________________________, 20____, and ending midnight on the last day of any month after either party shall have given the other party at least one month's prior written notice of intent to terminate this Agreement. 3. CONDITION. Tenant acknowledges that prior to executing this Agreement and takingpossession of the premises, Tenant has inspected the premises and all fixtures, furnishings, fittings and appliances, and accepts the same in "as-is" condition. Tenant acknowledges and agrees that Tenant does not rely upon any express or implied warranty or representation as to quality or condition of the premises not expressly set forth in this Agreement. Tenant acknowledges that the premises currently are in clean, working and orderly condition. 4. BASE RENT. Tenant shall pay to Landlord monthly rent in the amount of $__________, inlawful money of the United States, payable in full in advance on the first day of each month. No rent deduction shall be permitted without the written consent of the landlord. 5. ADDITIONAL RENT. Additional Rent may be billed by Landlord and payable as rent, asfollows: a) If Landlord does not receive payment of all rent due by the fifth day of any month, a late charge of $_________ per late payment shall be due to cover the costs of delay; b) In the event any check issued by the Tenant is dishonored, a charge of $________ shall be due to cover bank service charges. If Tenant is required to pay additional rent pursuant to the terms of this paragraph or any other term of this Lease, such rent shall be due together with the next monthly base rent installment due pursuant to paragraph 4 above. 6. SECURITY DEPOSIT. A deposit in the amount of $__________ shall be paid to Landlordprior to Tenant's taking possession of the premises. The deposit may not be used as last month's rent. The deposit shall be returned within thirty days after Tenant has vacated the premises, subject to deduction of the following: a) Unpaid rent and/or late charges; b) The cost of repairing and/or cleaning the premises and fixtures, fittings and appliances if not left in the same clean, working and orderly condition as upon Tenant's taking possession, ordinary wear excepted; and c) Any other cost, fee, expense and/or damages resulting from Tenant's breach of any other provision of this Agreement. 7. USE. The premises shall be used as the primary residence of the tenant or the tenant’ssouse for residential and no other purposes. No unlawful, disorderly, or offensive use or activity shall be permitted. All persons occupying the premises must sign this Agreement, except for minor children of the Tenant. 8. PETS. The following pets only shall be permitted in the premises: ___________________ _____________________________________________________________________. 9. UTILITIES. The Landlord shall pay for trash removal and water, not to exceed $______per month. Tenant shall pay for water in excess of $_______ per month, and electricity, gas, telephone, cable, internet, etc. 10. MAINTENANCE. Tenant shall have sole responsibility to maintain the interior and exteriorof the premises and all fixtures, fittings and/or personal property in safe, sound, clean, proper, orderly, and working condition. Tenant shall not permit the premises to suffer from waste, misuse, or neglect. Tenant shall be responsible, without limitation, for mowing the lawn, trimming shrubbery, weeding gardens, changing storm windows, and removing ice and snow from driveways, passages, sidewalks, and steps. Tenant shall not permit trash, refuse, ice, snow or other unsightly or unsafe conditions to accumulate. If Tenant defaults in performing maintenance, Landlord may perform same and charge Tenant for the reasonable cost thereof, which may be added to and payable as additional rent. 11. REPAIRS AND DAMAGES. Landlord shall repair major structural and mechanical conditionsand damages caused by the elements and/or circumstances beyond Tenant's control. All other damages or repairs shall be the responsibility of Tenant. If Tenant defaults in making repairs, Landlord may make such repairs and charge Tenant for the reasonable cost thereof, which may be added to and payable as additional rent. Landlord shall not be responsible or liable for any loss or damage to personal property of Tenant unless caused by the act or neglect of Landlord. 12. ALTERATIONS. Tenant may not make any structural alterations or repairs, includingpainting, without prior written consent of Landlord. Any such alterations or improvements shall become part of the premises upon termination of this Agreement; provided, however, that Landlord may require Tenant to remove same at Tenant's cost upon termination of this Agreement. 13. LAWS AND REGULATIONS. Tenant shall comply with all laws, ordinances, rules and regulations of all governmental authorities, Landlord's insurer, and the Board of Fire Underwriters. Tenant shall comply with any local ordinance governing recycling of trash and refuse. Tenant shall be responsible for any fines or penalties imposed for any violation of the foregoing. 14. PARKING. Parking is permitted as follows: __________________________________________________________________________________________________________________. 15. ASSIGNMENT. Tenant may not assign this Agreement nor sublease the premises without prior written consent of Landlord, which consent shall not unreasonably be withheld. 16. SUBORDINATION. This Agreement is subject and subordinate to the liens of all mortgages, and renewals and extensions thereof, now or in the future secured by the premises. 17. LIABILITY. Landlord shall not be liable for any loss, expense or damages to any person or property arising out of Tenant's use and possession of the premises unless the same is caused by the act or neglect of Landlord. Tenant shall hold Landlord harmless from and shall indemnify Landlord for any loss, expense or damages, including reasonable attorney's fees, incurred by Landlord in the defense, settlement or payment of any claim, demand or cause of action arising out of Tenant's use and possession of the premises not caused by the act or neglect of Landlord. 18. INSURANCE. Tenant is advised to procure at Tenant's expense renter's insurance providing for liability protection and coverage for loss or damage to Tenant's personal property. 19. DEFAULT. The following shall constitute default by Tenant:A. Failure to pay rent in accordance with paragraphs 4 and 5 hereof;B. Assignment or Sublease without consent of Landlord;C. Improper use of the premises or conduct thereon;D. Abandonment of the premises;E. Failure to perform any other obligation under this Agreement. In the event of a default by Tenant, Landlord may give Tenant a written three (3) day notice stating the date on which this Agreement shall terminate. On that date, unless such default has been fully cured to the satisfaction of Landlord, this Agreement and all rights of Tenant hereunder shall terminate, and Landlord may re-enter the premises and remove Tenant there from by summary proceeding or by any other lawful action or proceeding. Tenant shall remain obligated to pay rent and shall be responsible for Landlord's reasonable costs of re-renting the premises, including, without limitation, repairs, cleaning, attorney's fees, broker's commissions, advertising, etc. 20. COSTS AND ATTORNEY'S FEES. Tenant shall pay all costs and expenses of Landlord, including reasonable attorney's fees, incurred by Landlord in any action or proceeding commenced to recover possession of the premises and/or to enforce any provision of this Agreement. 21. WAIVER OF JURY TRIAL. In any action or proceeding commenced by either Landlord orTenant against the other on any matter arising out of this Lease, both Landlord and Tenant will, and hereby do, waive trial by jury. 22. RENT INCREASES. It is understood that Landlord may increase the monthly rental upon at least one month's prior notice to Tenant. 23. TERMINATION. It is understood that either party may terminate this Agreement upon at least one month's prior notice to the other party. 24. NOTICES. Notices, demands, or requests to Tenant may be served in person, sent by first class or certified mail, or left at the premises. Notices, demands, or requests to Landlord may be served in person, sent by first class or certified mail, or left at Landlord's address set forth above or at such other address as Landlord may advise Tenant in writing. 25. NO WAIVER. Delay or failure of Landlord to take any action will not prevent Landlord from doing so later. Landlord may enforce those rights Landlord chooses without giving up any other rights. 26. MERGER. This Agreement and its provisions merge any prior agreement(s) between the parties, and there are no representations, warranties, promises or agreements other than those expressly set forth herein. 27. MODIFICATION. No provision contained in this Agreement, including this provision, may be modified or terminated orally. 28. ACCESS. Landlord shall have the right to enter the premises upon twelve (12) hours prior notice to Tenant or at any time for good cause without notice. 29. SURRENDER. Upon termination of this Agreement, Tenant shall peaceably and quietly surrender the premises to Landlord, broom clean, and in the same condition as on the date of this Agreement, ordinary wear excepted. 30. QUIET ENJOYMENT. Landlord covenants that upon performance of all terms and conditions of this Lease, Tenant shall peaceably and quietly have, hold and enjoy the premises. 31. BINDING EFFECT. If there is more than one Tenant, each shall be separately liable. The words "Tenant" and "Landlord" as used herein shall include their heirs, executors, administrators, successors and/or assigns. If there is more than one Tenant or Landlord the words "Tenant" and "Landlord" as used herein shall include all of them.IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. ___________________________________Landlord by _____________________________, Agent ___________________________________Tenant ___________________________________Tenant ___________________________________Tenant PRINT NAME