Fillable Printable Condominium Lease Agreement Template

Condominium Lease Agreement Template

Consult your lawyer before signing this lease

CONDOMINIUM UNIT LEASE

Landlord and Tenant agree to lease the Unit and the Stated Interest in the Common Elements

at the rent and for the term stated:

PREMISES:

UNIT:

CONDOMINIUM ASSOCIATION:

GARAGE SPACE:

GARAGE FEE:

LANDLORD:

TENANT:

Date of Lease:

Annual Rent: $

Lease Term: Monthly Rent: $

Commencement Date: Security Deposit: $

Termination Date:

1. Use and Occupancy

The Unit may only be used stri ctly for residential

purposes and may only be occupi ed by Tenant and

Tenant’s spouse and children.

2. Inability to Give Possession

The failure of Landlord to give Tenant possession of

the Unit on the Commencement Date shall not create

liability for Landlord. In the event that possession of the

Unit is n ot delivered on the Co mmencement Date,

Monthly Rent hereunder shall begin on the date that

possession of the Unit is delivered to Tenant and shall be

prorated for that portion of the month in which possession

is delivered.

3. Rent

A. Tenant shall pay Monthly Rent in full on the first

day of each month of the Lease. Monthly Rent shall be

paid in adv ance with n o notice b eing required from

Landlord. Tenant shall not deduct any sums from the

Monthly Rent unless Landlord consents thereto in writing.

Rent shall not be abated or forgiven due to damage to or

inability to use the common elements.

Upon signing this Lease, Tenant shall pay Landlord

the first Monthly Rent due and the Security Deposit. The

entire amount of rent due for the Lease Term is due upon

signing this Lease; however, Landlord consents to the

Tenant paying same i n monthly installments provided

there exists no defaults by Tenant under the terms of this

Lease.

B. Additional Rent may include, but is not limited to

1. any additional insurance premiums and/or

expenses paid by Lan dlord which are chargeable to

Tenant as stated hereinafter:

2. all increa ses in Com mon Ch arges,

Common Expenses and Association dues allocated tot

he Unit which are in excess of those charges as of the

date this Lease is executed;

3. any increase in the real estate taxes above

the real estate taxes being levied for the tax year in effect

as of the date this Lease is executed.

Additional Rent is due and payable with the Monthly Rent

for the next month after Tenant receives notice from

Landlord that Additional Rent is due and payable.

3. Condition of Unit

Tenant acknowledges that Tenant is accepting the

Unit in it s

“as is”

co ndition. Ten ant furthe r

acknowledges that Tenant has thoroughly inspected the

Unit and has found the Unit to be in good order and

repair and that the appl iances, if a ny, are in good

operating condition. Tenant further states that Tenant

knows how to operate the appliances and shall do so in

accordance with the manufacturer’s instructions.

Landlord is not responsible in any way for errors

contained in the condominium brochure or plans

5. Security

The Security Deposit is due upon the Tenant signing

this Lease. The Security Deposit shall not be used for

the payment of Monthly Rent and/o r Additional Rent

unless agreed to, in writi ng, by Landlord and Tenant.

Within ten (10) days after Tenant surrenders possession

of the Unit at the expiration of the Lease Term, Landlord

shall return the Security Deposit, less any cost of repairs

as authorized by this Le ase, to Tenant at an add ress

Tenant provides.

6. Services and Utilities

Tenant is responsible for paying all electri c, gas,

water, telephone and any other utilities allocated to the

Unit. Use of a dishwasher, clothes washer and dryer

machines, freezer, ai r purifier, port able heater, air

conditioner or similar appliances is prohibited wi thout

Landlord’s written consent.

Landlord will supply (a) heat, in such quantity and for

such time as mandated by law, (b) hot and cold water, (c)

air conditioning, if alre ady existing in the Unit (the

“Services”). If the Services are temporarily interrupted

due to an accident, emergency and/or repairs, Tenant’s

obligation to pay rent, in full, shall not be affecte d

thereby.

Landlord will also supply a refrigerator, stove/oven,

dishwasher, window air conditioning unit, clothes washer

and clothes dryer (the “Appliances”). Any damage to the

Appliances which is caused by the willful and/or negligent

acts of Tenant may be repaired by Landlord, the cost of

which shall be Additional Rent.

(Tenant shall pay for the following services either

directly or to Landlord when billed:

7. Furnishings

The Unit is being delivered (furnished) (unfurnished).

If furnished, Landl ord has given an inventory o f the

furnishings which inventory has been signed by Tenant

and L andlord. Tenan t ackno wledges th at said

furnishings are in good condition and Tenant accepts

same in

“as is”

condition.

8. Repairs and Alterations

Tenant shall maintain al l appliances, equipment,

furniture, fu rnishings a nd oth er p ersonal p roperty

included under this Lease and, upon the surrender of the

Unit on the Termination Date, Tenant shall surrender

same to Landlord i n the same condition as received,

reasonable wear and tear excepted. Tenant shall make

all repairs which become necessary due to Tenant’s acts

and/or negligence. If Tenant does not make such

repairs, Landlord may do so, the cost of which shall be

Additional Rent. In the event that Tenant defaults under

the terms of this Paragraph 8, Landlord may make

necessary repairs or replacement, the cost of which shall

be deducted from the Security Deposit.

Tenant shall not make any alterations, additions,

modifications and/or changes to the Unit during the

Lease Term.

Should a mechanic’s lien be filed against the Unit

and/or the building in which the Unit is situated (the

"“Building") due to Tenant’s failure to pay for alterations

and/or repairs and/or work performed in the Unit, Tenant

must immediately either pay or file a bond for the amount

stated in the mechanic’s lien. In the event Tenant fails to

so pay or bond the mechanic’s lien, Landlord may do so

upon giving twenty (20) days prio r written noti ce to

Tenant, Landlord’s cost for which sh all be Additional

Rent.

Provided the Condominium Association is obligated

to do so, Landlord will cause the Con dominium

Association to repair any damage, except if such damage

is the result of the acts and/or negligence of Tenant

9. Maintenance of Unit

Tenant shall maintain the Unit in a neat, clean and

presentable condition.

10. Pets

Pets of any kind or nat ure (shall) (shall not) be

allowed in the Unit.

11. Damage, Fire or Other Catastrophe

In the case of fire damage or other damage to the

Unit not caused by Tenant, Tenant shall give Landlord

immediate notice of same. Upon receipt of such notice,

Landlord may either (a) repair the Unit or (b) terminate

the Lease. If Landlord makes repairs to the Unit,

Landlord shall have a reasonable time in which to do so.

If the damage to the Premises or the Unit renders the

Unit uninhabitable, Landlord shall give notice to Tenant,

after repairs are made, of the date on which the Unit may

be reoccupied. Monthly Rent for the period that Tenant

can not occupy the Unit because of the damage shall be

forgiven.

In the event that Landlo rd terminates this Lease

because of the damage, Landlord shall give Tenant three

(3) days notice of Landlord’s intent to so termi nate, in

which event, Monthly Rent shall be due for the period up

to the date the Premises or the Unit incurred the damage.

Notwithstanding the provisions of Section 227 of the

New York Real Property Law, if the Unit is situ ated is

substantially damaged by fire or other catastrophe (the

“Occurrence”), Landl ord has the absolute right to

demolish, renovate or rebuild the Unit. Landlord may

cancel this Lease, in such event, upo n thirty (30) days

written notice to Tenant of Landlord’s intent, which notice

shall include the date on which the Lease terminates,

which shall, in no event, be less than thirty (30) days from

the date of said noti ce. By canceling this Lease in

accordance with the terms of this Paragraph, Landlord is

not obli gated to repai r, renovate or rebuild the Unit.

Monthly Rent and Additional Rent shall be paid by

Tenant up to the date of the Occurrence.

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 act s 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.

Landlord is not liable to Tenant should anyone be

refused entry into the Building.

Landlord is not liable for damages or otherwise if

Tenant suffers them as a result of any acts o f

commission or omi ssion of t he Condo minium

Association, its Board of Managers or any other party

responsible to the Condominium Association or its Board

of Managers. Landlord is not liable to Tenant with regard

to any of the obligations of the Condominium Association,

its Board of Managers or other party responsible to them

under the Condominium Declaration. The obligation to

pay Rent and Additional Rent under this Lease continues

even if the Condo minium Association, its Board of

Managers and other party responsible to them fails to

perform such obligations. Landlord will use its best

efforts to cause the Condominium Association, its Board

of Managers and other party responsible to them to fulfill

their obligations.

Tenant, by executing this Lease agrees to indemnify

and hold Landlord harmless from and against any claims

arising from the Co ndominium Declaration related to

Tenant’s acts and/or negligence.

13. Insurance

Tenant i s obligated to carry whatever property

and/or liability insurance that Landlord requires and shall

have named on the policy of insurance Landlord, as an

insured. Tenant must deliver a copy of the declaration

page of the policy of insurance or the binder showing

Landlord as an insured prior to taking possession of the

Unit.

14. Entry

Except in an emergency, for the purposes of repair,

inspection, extermination, installation or repair of any

system, utility or appliance or to do a ny work deemed

necessary by Landlord, Landlord may enter the Unit on

reasonable notice and at reasonable times. Upon giving

such notice, Landlord may also enter the Unit to show the

Unit to prospective purchasers, lenders or other persons

deemed appropriate and necessary by Landlord. During

the last three (3) months of the Te rm of this Le ase,

Landlord may enter the Unit to show the Unit to

prospective tenants.

Landlord is not responsible for disturbance to tenant

or damage to Tenant due to work being performed on

behalf of Landlord or the Condominium

Association and Tenant waives any cl aim of eviction in

such event.

Upon rea sonable not ice to T enant, the

representatives of the Condominium Association, Board

of Manages or any other party authorized by them or by

the Condominium Declaration may enter the Unit and

Landlord assumes no responsibility nor shall Landlord be

liable for any damage or loss caused by them.

15. Assigning or Subletting

This Lease may not be assigned by Tenant nor shall

Tenant sublet the Unit.

16. Subordination

This Lease and Ten ant’s right s hereunder are

subject and subordinate to all existing and future leases

for the Build ing in which the Unit is situated, to all

mortgages on said leases and/or the Unit and/or the

Building and all renewals, modifications and extensions

thereof. Upon request by Landlord, Tenant shall execute

any certificate to this effect.

17. Landlord’s Consent

If, under the terms of this Lease, the consent of

Landlord is required, su ch consent shall no t be

unreasonably withheld.

Keys, Locks

Tenant shall give Landlord keys to all locks for the

Unit. Tenant shall not change any locks or add any locks

to the Unit without obtaini ng Landlord’s consent, and if

given, Tenant shall provide keys to Landlord for these

locks.

19. Signs

Tenant shall not place any signs on the Unit or upon

the Building or in the Unit so as to be seen from outside

the Unit.

Landlord shall have the right to place or cause to be

placed on the Unit and/or upon the Building, “For Rent”

and/or “For Sale” signs.

20. 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 the Co ndominium Associ ation and/or

Board of Managers. Tenant shall give all notice Tenant

receives which are for Landlord.

21. Tenant’s Defaults, Landlord’s Remedies

A. Landlord must give Tenant noti ce of default

(except for a default in t he payment of Monthly Rent

and/or Additional Rent) and Tenant, upon receipt of such

notice must cure the d efault within the time stated

hereinafter:

1. a default under Paragraphs 8, 9, 10, 11,

12, 13, 15, 18, or 19 of this Lease, ten (10) days;

2. a default u nder Paragraph 23 of this

Lease, thirty (30) days.

B. In the event that Tenant fails to cu re 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 thi s 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 re sponsible 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

Unit prior

to the Termination Date, Landlord may enter the Unit and

remove Tenant and a ny person o r 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 Unit

1. Monthly Rent and Additional Rent for the

unexpired portion of th e Lease Term i mmediately

becomes due and payable. In addition, any cost or repair

expended by Landlord shall be the obligation of Tenan t

and shall be deemed Additional Rent.

2. Landlord may re-rent the Unit 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 n ot limi ted to the cost of rep airs,

decorations, preparation for renting, broker’s fees,

advertising costs and attorney’s fees. Any rent recovered

by Landlord for the re-renting of the Unit shall reduce the

amount of money that Tenant owes to Landlord.

22. Condemnation

If any or part of the Unit 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 Unit

which cancellation date can not be less than thi rty (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.

23. Bankruptcy

Should Tenant file a voluntary petition in bankruptcy

or an involu ntary petition is filed ag ainst Tenant, or

should Tenant assign any property fro the b enefit 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.

24. 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 overni ght courier service.

Notice by Landlord to one name d Tenant shall be

deemed given to all Tenants and occupants of the Unit.

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.

25. 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 evictio n, Tenant waives

Tenant’s right to any set-off and/or counterclaim.

26. Broker

Tenant states that

is the sole Broker who showed the Unit to Te nant.

Tenant shall hold harmless and indemnify Landlord from

any moni es expended by Landlord should Tenant’s

statement herein be untrue.

27. 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, the Condominium Association

and/or its Board of Managers, this Lease shall not be

terminated or cancelled and such inability shall not

impact upon Tenant’s obligations hereunder.

28. Illegality

Should any part of this Lease be deemed illegal, the

remaining portions of this Lease sh all not be affected

thereby and shall remain in full force and effect.

29. Non-Disturbance

So long a s Tenant p ays the Mo nthly Rent and

Additional Rent and there exists no defaults under any of

the terms of this Lease, Tenant may peacefully occupy

the Unit for the Lease Term.

30. Non-Waiver

Any failure by Landlord to insist upon Tenant’s full

compliance with the terms of this Lease and/or to enforce

such terms shall not be deemed to be a waiv er of

Landlord’s rights to insist upon or so enforce the terms of

this Lease at a future date.

31. Rules

Tenant shall comply with these rules (the “Rules”) at

all times. If there i s a change in the rules, Landlord will

give Tenant notice of same. Landlord shall not be liable

to Tenant for another Tenant’s violation of the Rules.

The rights afforded under the following Rules are for the

sole benefit of Landlord:

(a) the quiet enjoyment of other tenants shall not be

interfered with;

(b) sounds, odors and lights which are annoying to

other tenants are not allowed;

of the area of each room except for the b athroom and

kitchen;

(d) all posted rules must be followed;

(e) smoking is not permitted in the Unit or hallways;

(f) All flammable o r dangerous items may not be

kept or stored in the Unit;

(g) no one is allowed access to or the enjoyment of

the roof;

(h) nothing shall be placed on or attached to the fire

escapes, windows, doors or in the hall ways or common

areas;

(i) elevators, if any, are to be used by tenants and

their guests only. Bicycles a re not allowed in the

elevators. Tenants and their guests are not to leave any

garbage, trash and/or debris in the elevators;

(j) moving of furniture in and out of the Unit must be

scheduled with the Landlord;

(k) all deliveries must be made by means of the

service entrance, if any;

(l) laundry machines, if provided, may be used at

tenants’ risk and cost, may only be used at reasonable

hours and all instructions for their use must be strictly

followed;

(m) cleaning of the exterior of the windows from the

outside is strictly forbidden;

(n) if parking is provided, improperly parked vehicles

may be immediately removed at tenant’s cost;

(o) tena nt may n ot leave any baby

carriages/strollers, bicycles, boxes, cartons and/or any

items in hallways;

(p) tenant shall use its best efforts to con serve

energy and water;

(q) hot plates or means of cooking other than the

stove are not permitted.

32. Limitation of Recovery

Should Tenant obtain a j udgment or other remedy

from a court of competent jurisdiction for the payment of

money by Landlord, Tenant is limited to the Landlord’s

interest in t he Premises for the collection of same.

Landlord shall not be liable for the act s of the

Condominium Association, its Board of Managers, their

agents or representatives.

33. Construction and Demolition

Construction and/or demolition may be done in o r

near the Unit and Building and if same interferes with the

ventilation, view and/or enjoyment of the Unit, Tenant’s

obligations under this Lease shall, in no way, be affected.

34. Terraces and Balconies

If there is a terrace or bal cony as an adjunct to the

Unit, such terrace or balcony is subject to the terms of

this Lease.

Tenant shall keep the terrace or balcony clean, clear

of snow, ice, garbage and other debris. No alteration or

additions may be mad e to the terra ce or bal cony.

Tenant’s property may not be stored on the terrace or

balcony. Cooking on the terrace or balcony is prohibited.

Tenant shall maintain the terrace or balcony in good

condition and make all repairs at Tenant’s cost, except

those of a structural nature which is the responsibility of

Landlord and/or Condominium Association.

35. Common Recreational Areas

If applicable, Landlord may give Tenant use of any

playground, pool, parking or other areas, the use of which

will be at Tenant’s own risk and Tenant shall pay any

charge imposed by Landlord for such use. Landlord’s

permission to use these areas may be revoked at any

time.

36. Parties Bound

This Lease is binding upon Landlord and Tenant and

their respective assignees and/or successors in interest.

37. Paragraph Headings

Paragraph headings are for reference only.

38. Effectiveness

This Lease shall become effective as of the d ate

when Landlord delivers a fully executed copy hereof to

Tenant or Tenant’s attorney.

39. Entire Agreement

Tenant states that Tenant has read thi s Lease and

that it fully incorp orates all understan dings,

representations and promises made to Tenant by

Landlord and/or Landlord’s agent and that thi s Lease

supercedes all prior representations, agreements and

promises, whether oral or written.

40. Amendments

This Lease may only be changed or amended in a

writing signed by the parties hereto.

41. Riders

Additional terms are contained in the riders annexed

hereto and designated Rider

42. Garage Space

If this Lease provide s for a garag e space for

Tenant’s use, any fee that Landlord charges Tenant shall

be Additional Rent and pai d in accordance with

Paragraph “3 B” of this Lease.

43. Definitions

a) Condominium Association. The Unit own ers

association and/or organization, the membership of which

is comprised of Unit Owners (defined below).

b) Bo ard of Mana gers. Pe rsons selected,

authorized and empowered to manage and operate the

Building as set forth in the Condominium Declaration filed

in the Office of the Clerk of the County in which the

Building is situated.

c) Common Charges. The Unit’s share of th e

Common Expenses.

d) Commo n Elements. As defi ned in th e

Condominium Declaration.

e) Common Expenses. The expenses of operating

the Condominium as determined by the Boa rd of

Managers.

f) Common Interest. The proportionate interest a

Unit Owner has in the Common Elements.

g) Unit Owner. The person or entity having title to

a unit or units in the Condominium.

44. Surrender of Unit

On the Termination Date, Tenant shall deliver the

Unit toLandlord vacant, i n good condition and broom

clean. Prior to such delivery, Tenant shall have vacated

the Unit, removed Te nant’s property, repaired all

damages caused by Tenant and return the Unit in the

same condition as received, reasonable wear and tear

excepted.

45. Voting Rights

Tenant, by virtue of this Lease, does not obtain any

voting rights which Landlord has to vote with respect to

any matter for which a vote is called by the Condominium

Association or its Board of Managers.

46. Sale of Unit

In the event Landl ord sells the Unit, Landlord may

terminate thi s Lease on thirty (30) days prior written

notice to Tenant, in which event Tenant shall vacate the

Unit on the date set forth in said notice.

This Lease has been entered into as of the Date of Lease.

LANDLORD

TENANT