Preview
FILED: NEW YORK COUNTY CLERK 09/21/2022 03:14 PM INDEX NO. 158092/2022
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/21/2022
EXHIBIT A
LEASE
FILED: NEW YORK COUNTY CLERK 09/21/2022 03:14 PM INDEX NO. 158092/2022
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/21/2022
April8, 2022
Dear CarlosEduardoGasperi:
We would liketothank you foryour interest
inleasingan apartment at 8Spruce. At thistime,your lease
application
has been processed.
Please review the following
lease terms:
Agent: Stephanie Diaz
Apartment: 8 Spruce Street
#75H. New York.NY 10038
Rent: $6.985.00
Term: 1 vear.0 months and 0 days
Lease Dates: April15. 2022 to April
14. 2023
Source: Word of Mouth
Note that no lease is binding until counter-signed by Owner. Approval is subject to our receipt of the following executed
original documents together with the payments set forth below within 48 hours:
1) Rider To Lease 2) DHCR Rider
3) Window Guards - NY 4) Bedbug Infestation History Disclosure
5) 421-a Rent Rider 6) Additional Clauses
7) Airbnb Rider 8) Apartment Condition and Inspection
9) Concierge Rider 10) Construction Rider
11) Fire Safety Plan 12) Gas Leak Notice
13) Indoor Allergen Tenant Pamphlet 14) Lease Compliance With Rent Guidelines Board
15) Move-In Move-Out Letter 16) Move-In Rider
17) Occupancy Rider 18) Pet Rider
19) Preferential Rent Rider 20) Regulatory Status
21) Required Rental Insurance Rider 22) Rhino Rider
23) Sprinkler Disclosure Lease Rider 24) Stove Knob Covers
25) Submetering Rider 26) Termination Rider
27) W-8 / W-9 28) Welcome Letter
29) Standard Form of Apartment Lease 30) Indoor Allergen Hazard Notice
31) Window Guards - NOT INCLUDED (Waived by
NYCDOH)
32) Payment in the form of certified check, bank check or money order for the following: $6.985.00 representing the first
month's rent payable to FC 8 Spruce Street Residential.
LLC and $6.985.00 representing the security deposit payable
to FC 8 Soruce Street ResidentlaL
LLC. payable to FC 8 Soruce Street Residential
LLC.
Kindly execute
and returneach of the enclosed
documents with the referenced
together payments to the attention
of The Leasing
Manager at 8 SpruceStreet.
Please do notmark up, strike
through any or write
portion, in themarginsof theleaseforms.
Sincerely,
TENANT:
By:
4/0/2022
05 50 PHEDT
CarlosEduardo
Gasperi
(Tenant) Date
FILED: NEW YORK COUNTY CLERK 09/21/2022 03:14 PM INDEX NO. 158092/2022
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/21/2022
"ATTACHED RIDER SETS FORTH RIGHTS AND OBLIGATIONS OF TENANTS AND LANDLORDS UNDER THE RENT
STABILIZATION LAW." ("LOS DERECHOSY RESPONSABILIDADES DE INQUILINOS Y CASEROS ESTAN
DISPONIBLE EN ESPAÑOL").
STANDARDFORM OF APARTMENTLEASE
THE REAL ESTATE BOARD OF NEW YORK, INC.
©Copyright 2019 All Rights Reserved. Reproduction in whole or in part prohibited.
REBNY Apt. Stab. 2019 Rev 7.19
PREAMBLE: This Lease contains the agreements between You and Owner concerning Your rights and obligations and the
rights and obligations of Owner. You and Owner have other rights and obligations which are set forth in government laws and
regulations.
You should read this Lease and all of its attached parts carefully. If You have any questions, or if You do not understand any
words or statements, get clarification. Once You and Owner sign this Lease You and Owner will be presumed to have read it
and understood it. You and Owner admit that all agreements between You and Owner have been written into this Lease. You
understand that any agreements made before or after this Lease was signed and not written into it will not be enforceable.
THIS LEASE is made on April 8. 2022
between Owner, FC 8 Soruce Street Residential. LLC
whose address is FirstService
Residential New York. LLC
and You, the Tenant, Carlos Eduardo Gasneri
whose address is 8 Soruce Street #75H. New York. NY 10038.
1. APARTMENT AND USE Owner agrees to lease to You Apartment 75]-1in the Building at 8 Soruce Street. New York.
NY 10038, Borough of Manhattan, City and State of New York.
You shall use the Apartment for living purposes only. The Apartment may be occupied by the tenant or tenants named
above and by the immediate family of the tenant or tenants and by occupants as defined in and only in accordance with
Real Property Law §235-f.
2. LENGTH OF LEASE The term (that means the length) of this Lease is 1 year. 0 months
and 0 days beginning on
April
15. 2022 and ending on April
14. 2023.
If you do not do everything You agree to do in this Lease, Owner may have the right to end it before the above date. If
Owner does not do everything that owner agrees to do in this Lease, You may have the right to end the Lease before
ending date.
3. RENT Your monthly rent for the Apartment is $9 283.45 and the preferential
rent is $6,985.00 until adjusted pursuant
to Article 4 below in addition to the monthly or weekly charge in consideration for Your use and occupation of the of
building as set forth on any rider annexed to this Lease. You must pay Owner the rent, in advance, on the first day of each
month either at Owner's office or at another place that Owner may inform You of by written notice. You must pay the first
month's rent to Owner when You sign this Lease if the lease begins on the first day of the month. If the Lease begins after
the first day of the month, Tenant must pay when Tenant signs this Lease one (1) full months' rent and for the next full
calendar month Tenant shall pay a prorated rent based on the number of days the Lease began after the first day of the
month (for example, if the beginning date of this Lease is the 16th day of the month, Tenant would pay for fifteen (15) out
of thirty (30) days, or one-half (1/2), of a full months' rent for the second calendar month). In any event, if the lease
commencement date shall not occur on the first day of a calendar month, the term shall also include the remainder of the
month in which the lease commencement date occurred. If this Lease is a Renewal Lease, the rent for the first month of
this Lease need not be paid until the first day of the month when the renewal term begins. Owner need not give notice
each month to Tenant to pay the rent. Rent must be paid in full and no amount subtracted from it.
4. RENT ADJUSTMENTS If this Lease is for a Rent Stabilized apartment, the rent shall be adjusted up or down during the
Lease term, including retroactively, to conform to the Rent Guidelines. Where Owner, upon application to the State
Division of Housing and Community Renewal ("authorized agency") is found to be entitled to an increase in rent or other
relief, You and Owner agree: a. to be bound by such determination; b. where the authorized agency has granted an
increase in rent, You shall pay such increase in the manner set forth by the authorized agency; c. except that in the event
that an order is issued increasing the stabilization rent because of Owner hardship, You may, within (30) days of your
receipt of a copy of the order, cancel your lease on sixty (60) days written notice to Owner. During said period You may
continue in occupancy at no increase in rent.
Pursuant to Real Property Law Section 238-a(2), You shall be obligated to pay a late fee if payment of rent has not been
received within five days of the first day of each month. Late fee shall be the lesser of $50.00 or five percent of the monthly
rent in addition to legal interest at the maximum amount allowable at law. You will also be liable to pay all bank fees and
charges for any check which is dishonored or returned.
5. SECURITY DEPOSIT You are required to give Owner the sum of $6.985.00 (such amount not to exceed one (1)
months'
rent pursuant to The Housing Stability and Tenant Protection Act of 2019) when You sign this Lease as a security
deposit, which is called in law a trust. Owner will deposit this security at Capital One Bank bank at 57 West 57th Street,
New York. NY 10019.
If the Building contains six or more apartments, the bank account will earn interest. If You carry out all of your agreements
in this Lease, at the end of each calendar year Owner or the bank will pay to Owner 1% interest on the deposit for
administrative costs and to You all other interest earned on the security deposit.
If You carry out all of your agreements in this Lease and if You move out of the Apartment and return it to Owner in the
same condition it was in when You first occupied it, except for ordinary wear and tear or damage caused by fire or other
casualty, Owner will return to You the full amount of the Security Deposit and interest where applicable, within fourteen
(14) days after the later of (i) the date this Lease ends, or (ii) the date You vacate the Apartment. However, if You are in
default of Your obligations under this Lease and/or there are any damages to the Apartment beyond ordinary wear and
tear or damage caused by fire or other casualty, Owner may keep all or part of the Security Deposit to cover missed rent
payments, other loses or expenses incurred and reasonable repairs of such damage and Owner shall provide You with an
itemized statement indicating the basis for the amount of the Security Deposit retained within the aforementioned fourteen
(14) day period.
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If Owner sells or leases the building, Owner will turn over your security, with interest, either to You or to the person buying
or leasing (lessee) the building within 5 days after the sale or lease. Owner will then notify You, by registered or certified
mail, of the name and address of the person or company to whom the deposit has been turned over. In such case, Owner
will have no further responsibility to You for the security deposit. The new owner or lessee will become responsible to You
for the security deposit.
6. IF YOU ARE UNABLE TO MOVE IN A situation could arise which might prevent Owner from letting You move into the
Apartment on the beginning date set in this Lease. If this happens for reasons beyond Owner's reasonable control, Owner
will not be responsible for Your damages or expenses, and this Lease will remain in effect. However, in such case, this
Lease will start on the date when You can move in, and the ending date in Article 2 will be changed to a date reflecting the
full term of years set forth in Article 2. You will not have to pay rent until the move-in date Owner gives You by written
notice, or the date You move in, whichever is earlier. If Owner does not give You notice that the move-in date is within 30
days after the beginning date of the term of this Lease as stated in Article 2, You may tell Owner in writing, that Owner has
15 additional days to let You move in, or else the Lease will end. If Owner does not allow You to move in within those
additional 15 days, then the Lease is ended. Any money paid by You on account of this Lease will then be refunded
promptly by Owner.
7. CAPTIONS In any dispute arising under this Lease, in the event of a conflict between the text and a caption, the text
controls.
8. WARRANTY OF HABITABILITY
A. All of the sections of this Lease are subject to the provisions of the Warranty of Habitability Law in the form it may have
from time to time during this Lease. Nothing in this Lease can be interpreted to mean that You have given up any of
your rights under that law. Under that law, Owner agrees that the Apartment and the Building are fit for human
habitation and that there will be no conditions which will be detrirnental to life, health or safety.
B. You will do nothing to interfere or make inore difficult Owner's effods to provide You and all other occupants of the
Building with the required facilities and services. Any condition caused by your misconduct or the misconduct of
anyone under your direction or control shall not be a breach by Owner.
9. CARE OF YOUR APARTMENT; END OF LEASE; MOVING OUT
A. At all times during the Term of this Lease, Tenant will take good care of the Apartment and will not permit or do any
damage to it, except for damage which occurs through ordinary wear and tear. Tenant shall, at Tenants own cost and
expense, make all repairs caused or occasioned by Tenant or Tenant's agents, contractors, invitees, licensees, guests
or servants (collectively hereinafter "Tenant Parties"). In addition, Tenant shall promptly notify Owner and/or the
Building Superintendent/Building Manager in writing upon the occurrence of any problem, malfunction or damage to
the Apartment. Tenant will move out on or before the ending date of this Lease and leave the Apartment in good order
and in the same condition as it was when Tenant first occupied it, except for ordinary wear and tear and damage
caused by fire or other casualty through no fault of Tenant.
B. Cleaning. Tenant is required to use only non-abrasive cleaning agents in the Apartment. Tenant is responsible for
damage done by use of any improper cleaning agents.
C. If Tenant fails to maintain the Apartment or make a needed repair or replacement as required hereunder, Owner may
hire a professional and make such maintenance, repairs or replacements at Tenant's sole cost and expense. Owner's
reasonable expense will be payable by Tenant to Owner as additional rent within ten (10) business days after Tenant
receives a bill from Owner
D. When this Lease ends, Tenant must remove all of Tenant's movable property. Tenant must also remove at Tenant's
own expense, any wall covering, bookcases, cabinets, mirrors, painted murals or any other installation or attachment
Tenant may have installed in the Apartment, even if it was done with Owner's consent. Tenarit must restore and repair
to its original condition those portions of the Apartment affected by those installations and removals. Tenant has not
moved out until all persons, furniture and other property of Tenants is also out of the Apartment. If Tenant's property
remains in the Apartment after this Lease ends, Owner may either treat Tenant as still in occupancy and charge
Tenant for use, or may consider that Tenant has given up the Apartment and any property remaining in the Apartment.
In this event, Owner may either discard the property or store it at Tenanes expense. Tenant agrees to pay Owner for all
costs and expenses incurred in removing such property. The provisions of this article will continue to be in effect after
the end of this Lease.
E. Within a reasonable time after notification of either party's intention to terminate this Lease, unless Tenant provides
less than two (2) weeks' notice of Tenant's intention to terminate, Owner shall notify Tenant in writing of Tenanes right
to request an inspection before vacating the Apartment. Tenant shall have the right to be present at said inspection.
Subject to the foregoing, if Tenant requests such inspection, the inspection shall be made no earlier than two (2) weeks
and no later than one (1) week before the end of the tenancy. Owner shall provide at least fody-eight (48) hours written
notice of the date and time of the inspection. After the inspection, Owner shall provide Tenant with an itemized
statement specifying repairs, cleaning or other deficiencies that are proposed to be the basis of any deductions from
the Security Deposit. If Tenant requests such inspection, Tenant shall be given an opportunity to remedy any identified
deficiencies prior to the end of the tenancy (or, at Owner's sole option, if Tenant fails to remedy any such identified
Owner
deficiencies, may remedy suchidentified deficiencies at Tenants
sole cost and expense as
described
hereinafter). Any and all repairs or alterations made to the Apartment as a result of said inspection shall be at Tenants
sole cost and expense. Said repairs must be approved by Owner and shall be performed, at Owner's sole option by (i)
licensed and adequately insured Tenanes contractors in a good and skillful manner with materials of quality and
appearance comparable to existing materials and approved by Owner or (ii) by Owner's contractor(s).
10. CHANGES AND ALTERATIONS TO APARTMENT
A. Tenant cannot build in, add to, change or alter, the Apartment in any way, including, but not limited to, installing,
in"
changing, or altering any paneling, wallpaper, flooring, "built
decorations, partitions, railings, paint, carpeting,
plumbing, ventilating, air conditioning, electric, or heating systems without first obtaining the prior written consent of
Owner which may be withheld in Owner's sole discretion. If Owner's consent is given, the alterations and installations
shall become the property of Owner when completed and paid for by Tenant. They shall remain with and as part of the
Apartment at the end of the Term. Notwithstanding the foregoing, Owner has the right to demand that Tenant remove
the alterations and installations at the end of the Lease Term, and in such case Tenant shall repair all damage
resulting from said removal and restore the Apartment to its original condition, including any holes in the wall or
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damage caused by the removal of any pictures, artwork or TV mounts hung by Tenant on the walls. Any and all work
shall be performed by Tenant in accordance with the terms and conditions of this Lease and in accordance with all
contractor
applicable laws, rules, regulations and codes of any governmental or quasi-govemmental entity. Tenants
shall also supply, before performing any such work, a certificate of insurance naming Owner and the Building's
managing agent (if applicable) as additional insured.
B. Without Owner's prior written consent, Tenant cannot install or use in the Apartment any of the following: dishwasher
machines, clothes washing or drying machines, electric stoves, garbage disposal units, heating, ventilating or air
conditioning units or any other electrical equipment which, in Owner's reasonable opinion, will overload the existing
wiring installation in the Building or interfere with the use of such electrical wiring facilities by other tenants of the
Building. Also, Tenant cannot place in the Apartment water-filled furniture.
C. If a lien is filed on the Apartment or Building due to Tenants fault, Tenant must promptly pay or bond the amount
stated in the lien. Owner may pay or bond the Lien if Tenant fails to do so within ten (10) days after Tenant has written
notice about the lien, in which case, Owner's costs shall be paid by Tenant as Additional Rent.
11. YOUR DUTY TO OBEY AND COMPLY WITH LAWS; REGULATIONS AND LEASE RULES
A. Government Laws and Orders. You will obey and comply (1) with all present and future city, state and federal laws
and regulations, including the Rent Stabilization Code and Law, which affect the Building or the Apartment, and (2) with
all orders and regulations of Insurance Rating Organizations which affect the Apartment and the Building. You will not
allow any windows in the Apartment to be cleaned from the outside, unless the equipment and safety devices required
by law are used.
B. Owner's Rules Affecting
You. You will obey all Owner's rules listed in this Lease and all future reasonable rules of
Owner or Owner's agent. Notice of all additional rules shall be delivered to You in writing or posted in the lobby or other
public place in the building, Owner shall not be responsible to You for not enforcing any rules, regulations or provisions
of another tenants lease except to the extent required by law.
C. Your Responsibility.
You are responsible for the behavior of yourself, of your immediate family, your servants and
people who are visiting You. You will reimburse Owner as additional rent upon demand for the cost of all losses,
damages, fines, penalties
and reasonable legal expenses incurred by Owner
because You, members ofyour
immediate family, servants or people visiting You have not obeyed governrnent laws and orders or the provisions and
rules of this Lease.
12. OBJECTIONABLE CONDUCT As a tenant in the Building, You will not engage in nor permit family members, guests or
engage in objectionable conduct. Objectionable conduct means behavior which makes or will make the
invitees to
Apadment or the Building less fit to live in for You or other occupants. It also means anything which interferes with the right
of others to
properly and causes conditions that
peacefully enjoy their Apartments, or are dangerous, hazardous,
unsanitary and detrimental to other tenants in the Building. Objectionable conduct by You gives Owner the right to end this
Lease.
13. SERVICES AND FACILITIES
A. Required Services.Owner will provide cold and hot water and heat as required by law, repairs to the Apartment, as
required by law, elevator service if the Building has elevator equipment, and the utilities, if any, included in the rent, as
set forth in sub-paragraph B. You are not entitled to any rent reduction because of a stoppage or reduction of any of
the above services unless it is provided by law.
B. The following utilities are included in the rent: Hot and
Cold Water.Cookina Gas. andHeat isubiacttothe
SubmeteringRiderL
C. and Other Utilities.
Electricity If Owner provides electricity or gas and the charge is included in the rent on Page 1,
or if You buy electricity or gas from Owner for a separate (sub metered) charge, your obligations are described in the
Rider attached to this Lease. If electricity or gas is not included in the rent or is not charged separately by Owner, You
must arrange for this service directly with the utility company. You must also pay directly for telephone service if it is
not included in the rent.
D. Appliances. Appliances supplied by Owner in the Apartment are for your use. They will be maintained and repaired
or replaced by Owner, but if repairs or replacement are made necessary because of your negligence or misuse, You
will pay Owner for the cost of such repair or replacement as additional rent.
E. Elevator Service.If the elevator is the kind that requires an employee of Owner to operate it, Owner may end this
service without reducing the rent if: (1) Owner gives You 10 days notice that this service will end; and (2) within a
reasonable time after the end of this 10-day notice, Owner begins to substitute an automatic control type of elevator
and proceeds diligently with its installation. All non-automatic passenger and service elevators shall be operated only
by employees of Owner and must not in any event be interfered with by Tenants. The service elevators, if any, shall be
used by servants, messengers and trades people for entering and leaving, and the passenger elevators, if any, shall
not be used by them for any purpose. Nurses with children, however, may use the passenger elevators.
F. StoreroomUse. If Owner permits You to use any storeroom, laundry or any other facility located in the building but
outside of the Apartment, the use of this storeroom or facility will be furnished to You free of charge and at your own
risk, except for loss suffered by You due to Owner's negligence. You will operate at your expense any coin operated
appliances located in such storerooms or laundries.
14. INABILITY TO PROVIDE SERVICES Because of a strike, labor trouble, national emergency, repairs, or any other
cause beyond Owner's reasonable control, Owner may not be able to provide or may be delayed in providing any services
or in making any repairs to the Building.
In any of these events, any rights You may have against Owner are only those rights which are allowed by laws in effect
when the reduction in service occurs.
15. ENTRY TO APARTMENT During reasonable hours and with reasonable notice, except in emergencies, Owner may
enter the Apartment for the following reasons:
A. To erect, use and maintain pipes and conduits in and through the walls and ceilings of the Apartment; to inspect the
Apadment and to make any necessary repairs or changes Owner decides are necessary. Your rent will not be reduced
because of any of this work, unless required by law.
B. To show the Apartment to persons who may wish to become owners or lessess of the entire Building or may be
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interested in lending money to Owner;
C. For four months before the end of the Lease, to show the Apartment to persons who wish to rent it;
D. If during the last month of the Lease You have moved out and removed all or almost all of your property from the
Apartment, Owner may enter to make changes, repairs, or redecorations. Your rent will not be reduced for that month
and this Lease will not be ended by Owners entry.
E. If at any time You are not personally present to permit Owner or Owners representative to enter the Apartment and
entry is necessary or allowed by law or under this lease, Owner or Owners representatives may nevertheless enter the
Apartment. Owner may enter by force in an emergency. Owner will not be responsible to You, unless during this entry,
Owner or Owners representative is negligent or misuses your property.
16. ASSIGNING; SUBLETTING; ABANDONMENT
A. Assigning and Subletting. You cannot assign this Lease or sublet the Apartment without Owners advance written
consent in each instance to a request made by You in the manner required by Real Property Law §226-b. and in
accordance with the provisions of the Rent Stabilization Code and Law, relating to subletting. Owner may refuse to
consent to a lease assignment for any reason or no reason, but If Owner unreasonably refuses to consent to request
for a Lease assignment properly made, at your request in writing, Owner will end this Lease effective as of thirty days
after your request. The first and every other time you wish to sublet the Apartment, You must get the written consent of
Owner unless Owner unreasonably withholds consent following your request to sublet in the manner provided by Real
Property Law §226-b. Owner may impose a reasonable credit check fee on You in connection with an application to
assign or sublet. If You fail to pay your rent Owner may collect rent from subtenant or occupant without releasing You
from the Lease. Owner will credit the amount collected against the rent due from You. However, Owners acceptance
of such rent does not change the status of the subtenant or occupant to that of direct tenant of Owner and does not
release You from this Lease.
B. Abandonment. If You move out of the Apartment (abandonment) before the end of this Lease without the consent of
Owner, this Lease will not be ended (except as provided by law following Owner's unreasonable refusal to con- sent to
an assignment or subletting requested by You.) You will remain responsible for each monthly payment of rent as it
becomes due until the end of this Lease subject to Real Property Law §227-e.
17. DEFAULT You default under the Lease if You act in any of the following ways:
A. You fail to carry out any agreement or provision of this Lease other than Article 12 of this Lease;
B. You do not take possession or move into the Apadment 15 days after the beginning of this Lease;
C. You and other legal occupants of the Apartment move out permanently before this Lease ends.
If You do default in any one of these ways, other than a default in the agreement to pay rent, Owner may serve You with a
written notice to stop or correct the specified default within ten days (the "Cure Period'). You must then either stop or
correct the default within the Cure Period, or, if You need more than the Cure Period, You must begin to correct the default
within the Cure Period and continue to do all that is necessary to correct the default as soon as possible.
If You do not stop or begin to correct a default in the Cure Period or if You or other legal occupants or guests engage in
Objectionable Conduct as defined in this Lease, Owner shall give You a written notice that this Lease will end seven (7)
days after the date the written notice is sent to You. At the end of the seven (7) day period, this Lease will end and You
then must move out of the Apartment
If you fail to vacate on the date set forth in the termination notice, Owner shall
commence an action or proceeding to recover possession. Even though this Lease ends, You will remain liable to Owner
for unpaid rent up to the end of the term of this Lease set forth in Article 2 or any renewal thereof, the fair market value of
your occupancy, if any, after the end of the Lease, and damages caused to Owner after that time as stated in Article 18
and as permitted by law.
If You do not pay your rent when this Lease requires, Owner or Owner's agent shall send you by cedified mail a written
notice stating the Owner or Owners agent did not receive payment for rent within five (5) days of the date specified in the
Lease. This does not waive, impair or modify Your obligation to pay rent by the first day of each month. If You fail to pay
Owner the rent as demanded in a 14 day statutory written rent demand, Owner may commence an action or summary
nonpayment eviction proceeding based upon the non-payment of rent.
Once this Lease has been ended, whether because of default or otherwise, You give up any right You might otherwise
have to reinstate or renew the Lease.
18. REMEDIES OF OWNER AND YOUR LIABILITY If this Lease is ended by Owner because of your default, the following
are the rights and obligations of You and Owner:
A. You must pay your rent until this Lease has ended. Thereafter, You must pay an equal amount for what the law calls
"use and occupancy" until You actually move out.
B. Once You are out, Owner may re-rent the Apartment or any portion of it for a period of time which may end before or
after the ending date of this Lease. Owner may re-rent to a new tenant at a lesser rent or may charge a higher rent
than the rent in this Lease. Notwithstanding the foregoing, if You vacate the Apartment in violation of the terms of this
Lease, only then shall Owner use reasonable effods to re-rent the Apadment at the lesser of the fair market value of
the Apartment or the rent paid under this Lease pursuant to Real Property Law §227-e.
C. Whether the Apartment is re-rented or not, You must pay to Owner as damages:
1. the difference between the rent in this Lease and the amount, if any, of the rents collected in any later lease or
Feasesof the Apartment for what would have been the remaining period of this Lease except to the extent limited
by Real Property Law §227-e if applicable; and
2. Owners expenses for advertisements, brokers fees and the cost of putting the Apartment in good condition for
re-rental; and
3. Owners expenses for attorney's fees except in the event of a default judgment.
D. You shall pay all damages due in monthly installments on the rent day established in this Lease. Any legal action
brought to collect one or more monthly installments of damages shall not prejudice in any way Owners right to collect
the damages for a later month by a similar action. If the rent collected by Owner from a subsequent tenant of the
Apartment is more than the unpaid rent and damages which You owe Owner, You cannot receive the difference.
Owners failure to re-rent to another tenant will not release or change your liability for damages, unless the failure is
due to Owners deliberate inaction.
4
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19. ADDITIONAL OWNER REMEDIES If You do not do everything You have agreed to do, or if You do anything which
shows that You intend not to do what You have agreed to do, Owner has the right to ask a court to make You carry out
your agreement or to give the Owner such other relief as the Court can provide. This is in addition to the remedies in
Article 17 and 18 of this lease.
20. FEES AND EXPENSES
A. Owner's Right. You must reimburse Owner for any of the following fees and expenses incurred by Owner:
1. Making any repairs to the Apartment or the Building, including any appliances in the Apartment, which result from
misuse, omissions or negligence by Tenant, the permitted occupants of the Apartment, the Tenant Parties or any
other visitors to the Apartment;
2. Correcting any violations of city, state or federal laws or orders and regulations of insurance rating organization
concerning the Apartment or the Building which Tenant, the permitted occupants of the Apartment, the Tenant
Parties, or any other persons who visit the Apartment or work for Tenant have caused;
3. Preparing the Apartment for the next tenant if Tenant moves out of the Apartment before the Lease ending date
without Owner's prior written consent;
4. Any legal fees and disbursements for the preparation and service of legal notices; legal actions or proceedings
brought by Owner against Tenant because of a default by Tenant under this Lease; or for defending lawsuits
brought against Owner because of the actions of Tenant, the permitted occupants of the Apartment, the Tenant
Parties or any other persons who visit the Apartment;
5. Removing any of Tenant's property from the Apartment after this Lease is ended;
6. Any miscellaneous charges payable to the Owner for services Tenant requested that are not required to be
fumished Tenant under this Lease for which Tenant has failed to pay the Owner and which Owner has paid;
7. All other fees and expenses incurred by Owner because of the failure to obey any other provisions and agreements
of this Lease by Tenant, the permitted occupants of the Apartment, the Tenant Parties or any other persons who
visit the Apartment or work for Tenant.
T
Preview
FILED: NEW YORK COUNTY CLERK 09/21/2022 03:14 PM INDEX NO. 158092/2022 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/21/2022 EXHIBIT A LEASE FILED: NEW YORK COUNTY CLERK 09/21/2022 03:14 PM INDEX NO. 158092/2022 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/21/2022 April8, 2022 Dear CarlosEduardoGasperi: We would liketothank you foryour interest inleasingan apartment at 8Spruce. At thistime,your lease application has been processed. Please review the following lease terms: Agent: Stephanie Diaz Apartment: 8 Spruce Street #75H. New York.NY 10038 Rent: $6.985.00 Term: 1 vear.0 months and 0 days Lease Dates: April15. 2022 to April 14. 2023 Source: Word of Mouth Note that no lease is binding until counter-signed by Owner. Approval is subject to our receipt of the following executed original documents together with the payments set forth below within 48 hours: 1) Rider To Lease 2) DHCR Rider 3) Window Guards - NY 4) Bedbug Infestation History Disclosure 5) 421-a Rent Rider 6) Additional Clauses 7) Airbnb Rider 8) Apartment Condition and Inspection 9) Concierge Rider 10) Construction Rider 11) Fire Safety Plan 12) Gas Leak Notice 13) Indoor Allergen Tenant Pamphlet 14) Lease Compliance With Rent Guidelines Board 15) Move-In Move-Out Letter 16) Move-In Rider 17) Occupancy Rider 18) Pet Rider 19) Preferential Rent Rider 20) Regulatory Status 21) Required Rental Insurance Rider 22) Rhino Rider 23) Sprinkler Disclosure Lease Rider 24) Stove Knob Covers 25) Submetering Rider 26) Termination Rider 27) W-8 / W-9 28) Welcome Letter 29) Standard Form of Apartment Lease 30) Indoor Allergen Hazard Notice 31) Window Guards - NOT INCLUDED (Waived by NYCDOH) 32) Payment in the form of certified check, bank check or money order for the following: $6.985.00 representing the first month's rent payable to FC 8 Spruce Street Residential. LLC and $6.985.00 representing the security deposit payable to FC 8 Soruce Street ResidentlaL LLC. payable to FC 8 Soruce Street Residential LLC. Kindly execute and returneach of the enclosed documents with the referenced together payments to the attention of The Leasing Manager at 8 SpruceStreet. Please do notmark up, strike through any or write portion, in themarginsof theleaseforms. Sincerely, TENANT: By: 4/0/2022 05 50 PHEDT CarlosEduardo Gasperi (Tenant) Date FILED: NEW YORK COUNTY CLERK 09/21/2022 03:14 PM INDEX NO. 158092/2022 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/21/2022 "ATTACHED RIDER SETS FORTH RIGHTS AND OBLIGATIONS OF TENANTS AND LANDLORDS UNDER THE RENT STABILIZATION LAW." ("LOS DERECHOSY RESPONSABILIDADES DE INQUILINOS Y CASEROS ESTAN DISPONIBLE EN ESPAÑOL"). STANDARDFORM OF APARTMENTLEASE THE REAL ESTATE BOARD OF NEW YORK, INC. ©Copyright 2019 All Rights Reserved. Reproduction in whole or in part prohibited. REBNY Apt. Stab. 2019 Rev 7.19 PREAMBLE: This Lease contains the agreements between You and Owner concerning Your rights and obligations and the rights and obligations of Owner. You and Owner have other rights and obligations which are set forth in government laws and regulations. You should read this Lease and all of its attached parts carefully. If You have any questions, or if You do not understand any words or statements, get clarification. Once You and Owner sign this Lease You and Owner will be presumed to have read it and understood it. You and Owner admit that all agreements between You and Owner have been written into this Lease. You understand that any agreements made before or after this Lease was signed and not written into it will not be enforceable. THIS LEASE is made on April 8. 2022 between Owner, FC 8 Soruce Street Residential. LLC whose address is FirstService Residential New York. LLC and You, the Tenant, Carlos Eduardo Gasneri whose address is 8 Soruce Street #75H. New York. NY 10038. 1. APARTMENT AND USE Owner agrees to lease to You Apartment 75]-1in the Building at 8 Soruce Street. New York. NY 10038, Borough of Manhattan, City and State of New York. You shall use the Apartment for living purposes only. The Apartment may be occupied by the tenant or tenants named above and by the immediate family of the tenant or tenants and by occupants as defined in and only in accordance with Real Property Law §235-f. 2. LENGTH OF LEASE The term (that means the length) of this Lease is 1 year. 0 months and 0 days beginning on April 15. 2022 and ending on April 14. 2023. If you do not do everything You agree to do in this Lease, Owner may have the right to end it before the above date. If Owner does not do everything that owner agrees to do in this Lease, You may have the right to end the Lease before ending date. 3. RENT Your monthly rent for the Apartment is $9 283.45 and the preferential rent is $6,985.00 until adjusted pursuant to Article 4 below in addition to the monthly or weekly charge in consideration for Your use and occupation of the of building as set forth on any rider annexed to this Lease. You must pay Owner the rent, in advance, on the first day of each month either at Owner's office or at another place that Owner may inform You of by written notice. You must pay the first month's rent to Owner when You sign this Lease if the lease begins on the first day of the month. If the Lease begins after the first day of the month, Tenant must pay when Tenant signs this Lease one (1) full months' rent and for the next full calendar month Tenant shall pay a prorated rent based on the number of days the Lease began after the first day of the month (for example, if the beginning date of this Lease is the 16th day of the month, Tenant would pay for fifteen (15) out of thirty (30) days, or one-half (1/2), of a full months' rent for the second calendar month). In any event, if the lease commencement date shall not occur on the first day of a calendar month, the term shall also include the remainder of the month in which the lease commencement date occurred. If this Lease is a Renewal Lease, the rent for the first month of this Lease need not be paid until the first day of the month when the renewal term begins. Owner need not give notice each month to Tenant to pay the rent. Rent must be paid in full and no amount subtracted from it. 4. RENT ADJUSTMENTS If this Lease is for a Rent Stabilized apartment, the rent shall be adjusted up or down during the Lease term, including retroactively, to conform to the Rent Guidelines. Where Owner, upon application to the State Division of Housing and Community Renewal ("authorized agency") is found to be entitled to an increase in rent or other relief, You and Owner agree: a. to be bound by such determination; b. where the authorized agency has granted an increase in rent, You shall pay such increase in the manner set forth by the authorized agency; c. except that in the event that an order is issued increasing the stabilization rent because of Owner hardship, You may, within (30) days of your receipt of a copy of the order, cancel your lease on sixty (60) days written notice to Owner. During said period You may continue in occupancy at no increase in rent. Pursuant to Real Property Law Section 238-a(2), You shall be obligated to pay a late fee if payment of rent has not been received within five days of the first day of each month. Late fee shall be the lesser of $50.00 or five percent of the monthly rent in addition to legal interest at the maximum amount allowable at law. You will also be liable to pay all bank fees and charges for any check which is dishonored or returned. 5. SECURITY DEPOSIT You are required to give Owner the sum of $6.985.00 (such amount not to exceed one (1) months' rent pursuant to The Housing Stability and Tenant Protection Act of 2019) when You sign this Lease as a security deposit, which is called in law a trust. Owner will deposit this security at Capital One Bank bank at 57 West 57th Street, New York. NY 10019. If the Building contains six or more apartments, the bank account will earn interest. If You carry out all of your agreements in this Lease, at the end of each calendar year Owner or the bank will pay to Owner 1% interest on the deposit for administrative costs and to You all other interest earned on the security deposit. If You carry out all of your agreements in this Lease and if You move out of the Apartment and return it to Owner in the same condition it was in when You first occupied it, except for ordinary wear and tear or damage caused by fire or other casualty, Owner will return to You the full amount of the Security Deposit and interest where applicable, within fourteen (14) days after the later of (i) the date this Lease ends, or (ii) the date You vacate the Apartment. However, if You are in default of Your obligations under this Lease and/or there are any damages to the Apartment beyond ordinary wear and tear or damage caused by fire or other casualty, Owner may keep all or part of the Security Deposit to cover missed rent payments, other loses or expenses incurred and reasonable repairs of such damage and Owner shall provide You with an itemized statement indicating the basis for the amount of the Security Deposit retained within the aforementioned fourteen (14) day period. FILED: NEW YORK COUNTY CLERK 09/21/2022 03:14 PM INDEX NO. 158092/2022 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/21/2022 If Owner sells or leases the building, Owner will turn over your security, with interest, either to You or to the person buying or leasing (lessee) the building within 5 days after the sale or lease. Owner will then notify You, by registered or certified mail, of the name and address of the person or company to whom the deposit has been turned over. In such case, Owner will have no further responsibility to You for the security deposit. The new owner or lessee will become responsible to You for the security deposit. 6. IF YOU ARE UNABLE TO MOVE IN A situation could arise which might prevent Owner from letting You move into the Apartment on the beginning date set in this Lease. If this happens for reasons beyond Owner's reasonable control, Owner will not be responsible for Your damages or expenses, and this Lease will remain in effect. However, in such case, this Lease will start on the date when You can move in, and the ending date in Article 2 will be changed to a date reflecting the full term of years set forth in Article 2. You will not have to pay rent until the move-in date Owner gives You by written notice, or the date You move in, whichever is earlier. If Owner does not give You notice that the move-in date is within 30 days after the beginning date of the term of this Lease as stated in Article 2, You may tell Owner in writing, that Owner has 15 additional days to let You move in, or else the Lease will end. If Owner does not allow You to move in within those additional 15 days, then the Lease is ended. Any money paid by You on account of this Lease will then be refunded promptly by Owner. 7. CAPTIONS In any dispute arising under this Lease, in the event of a conflict between the text and a caption, the text controls. 8. WARRANTY OF HABITABILITY A. All of the sections of this Lease are subject to the provisions of the Warranty of Habitability Law in the form it may have from time to time during this Lease. Nothing in this Lease can be interpreted to mean that You have given up any of your rights under that law. Under that law, Owner agrees that the Apartment and the Building are fit for human habitation and that there will be no conditions which will be detrirnental to life, health or safety. B. You will do nothing to interfere or make inore difficult Owner's effods to provide You and all other occupants of the Building with the required facilities and services. Any condition caused by your misconduct or the misconduct of anyone under your direction or control shall not be a breach by Owner. 9. CARE OF YOUR APARTMENT; END OF LEASE; MOVING OUT A. At all times during the Term of this Lease, Tenant will take good care of the Apartment and will not permit or do any damage to it, except for damage which occurs through ordinary wear and tear. Tenant shall, at Tenants own cost and expense, make all repairs caused or occasioned by Tenant or Tenant's agents, contractors, invitees, licensees, guests or servants (collectively hereinafter "Tenant Parties"). In addition, Tenant shall promptly notify Owner and/or the Building Superintendent/Building Manager in writing upon the occurrence of any problem, malfunction or damage to the Apartment. Tenant will move out on or before the ending date of this Lease and leave the Apartment in good order and in the same condition as it was when Tenant first occupied it, except for ordinary wear and tear and damage caused by fire or other casualty through no fault of Tenant. B. Cleaning. Tenant is required to use only non-abrasive cleaning agents in the Apartment. Tenant is responsible for damage done by use of any improper cleaning agents. C. If Tenant fails to maintain the Apartment or make a needed repair or replacement as required hereunder, Owner may hire a professional and make such maintenance, repairs or replacements at Tenant's sole cost and expense. Owner's reasonable expense will be payable by Tenant to Owner as additional rent within ten (10) business days after Tenant receives a bill from Owner D. When this Lease ends, Tenant must remove all of Tenant's movable property. Tenant must also remove at Tenant's own expense, any wall covering, bookcases, cabinets, mirrors, painted murals or any other installation or attachment Tenant may have installed in the Apartment, even if it was done with Owner's consent. Tenarit must restore and repair to its original condition those portions of the Apartment affected by those installations and removals. Tenant has not moved out until all persons, furniture and other property of Tenants is also out of the Apartment. If Tenant's property remains in the Apartment after this Lease ends, Owner may either treat Tenant as still in occupancy and charge Tenant for use, or may consider that Tenant has given up the Apartment and any property remaining in the Apartment. In this event, Owner may either discard the property or store it at Tenanes expense. Tenant agrees to pay Owner for all costs and expenses incurred in removing such property. The provisions of this article will continue to be in effect after the end of this Lease. E. Within a reasonable time after notification of either party's intention to terminate this Lease, unless Tenant provides less than two (2) weeks' notice of Tenant's intention to terminate, Owner shall notify Tenant in writing of Tenanes right to request an inspection before vacating the Apartment. Tenant shall have the right to be present at said inspection. Subject to the foregoing, if Tenant requests such inspection, the inspection shall be made no earlier than two (2) weeks and no later than one (1) week before the end of the tenancy. Owner shall provide at least fody-eight (48) hours written notice of the date and time of the inspection. After the inspection, Owner shall provide Tenant with an itemized statement specifying repairs, cleaning or other deficiencies that are proposed to be the basis of any deductions from the Security Deposit. If Tenant requests such inspection, Tenant shall be given an opportunity to remedy any identified deficiencies prior to the end of the tenancy (or, at Owner's sole option, if Tenant fails to remedy any such identified Owner deficiencies, may remedy suchidentified deficiencies at Tenants sole cost and expense as described hereinafter). Any and all repairs or alterations made to the Apartment as a result of said inspection shall be at Tenants sole cost and expense. Said repairs must be approved by Owner and shall be performed, at Owner's sole option by (i) licensed and adequately insured Tenanes contractors in a good and skillful manner with materials of quality and appearance comparable to existing materials and approved by Owner or (ii) by Owner's contractor(s). 10. CHANGES AND ALTERATIONS TO APARTMENT A. Tenant cannot build in, add to, change or alter, the Apartment in any way, including, but not limited to, installing, in" changing, or altering any paneling, wallpaper, flooring, "built decorations, partitions, railings, paint, carpeting, plumbing, ventilating, air conditioning, electric, or heating systems without first obtaining the prior written consent of Owner which may be withheld in Owner's sole discretion. If Owner's consent is given, the alterations and installations shall become the property of Owner when completed and paid for by Tenant. They shall remain with and as part of the Apartment at the end of the Term. Notwithstanding the foregoing, Owner has the right to demand that Tenant remove the alterations and installations at the end of the Lease Term, and in such case Tenant shall repair all damage resulting from said removal and restore the Apartment to its original condition, including any holes in the wall or Initials: FILED: NEW YORK COUNTY CLERK 09/21/2022 03:14 PM INDEX NO. 158092/2022 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/21/2022 damage caused by the removal of any pictures, artwork or TV mounts hung by Tenant on the walls. Any and all work shall be performed by Tenant in accordance with the terms and conditions of this Lease and in accordance with all contractor applicable laws, rules, regulations and codes of any governmental or quasi-govemmental entity. Tenants shall also supply, before performing any such work, a certificate of insurance naming Owner and the Building's managing agent (if applicable) as additional insured. B. Without Owner's prior written consent, Tenant cannot install or use in the Apartment any of the following: dishwasher machines, clothes washing or drying machines, electric stoves, garbage disposal units, heating, ventilating or air conditioning units or any other electrical equipment which, in Owner's reasonable opinion, will overload the existing wiring installation in the Building or interfere with the use of such electrical wiring facilities by other tenants of the Building. Also, Tenant cannot place in the Apartment water-filled furniture. C. If a lien is filed on the Apartment or Building due to Tenants fault, Tenant must promptly pay or bond the amount stated in the lien. Owner may pay or bond the Lien if Tenant fails to do so within ten (10) days after Tenant has written notice about the lien, in which case, Owner's costs shall be paid by Tenant as Additional Rent. 11. YOUR DUTY TO OBEY AND COMPLY WITH LAWS; REGULATIONS AND LEASE RULES A. Government Laws and Orders. You will obey and comply (1) with all present and future city, state and federal laws and regulations, including the Rent Stabilization Code and Law, which affect the Building or the Apartment, and (2) with all orders and regulations of Insurance Rating Organizations which affect the Apartment and the Building. You will not allow any windows in the Apartment to be cleaned from the outside, unless the equipment and safety devices required by law are used. B. Owner's Rules Affecting You. You will obey all Owner's rules listed in this Lease and all future reasonable rules of Owner or Owner's agent. Notice of all additional rules shall be delivered to You in writing or posted in the lobby or other public place in the building, Owner shall not be responsible to You for not enforcing any rules, regulations or provisions of another tenants lease except to the extent required by law. C. Your Responsibility. You are responsible for the behavior of yourself, of your immediate family, your servants and people who are visiting You. You will reimburse Owner as additional rent upon demand for the cost of all losses, damages, fines, penalties and reasonable legal expenses incurred by Owner because You, members ofyour immediate family, servants or people visiting You have not obeyed governrnent laws and orders or the provisions and rules of this Lease. 12. OBJECTIONABLE CONDUCT As a tenant in the Building, You will not engage in nor permit family members, guests or engage in objectionable conduct. Objectionable conduct means behavior which makes or will make the invitees to Apadment or the Building less fit to live in for You or other occupants. It also means anything which interferes with the right of others to properly and causes conditions that peacefully enjoy their Apartments, or are dangerous, hazardous, unsanitary and detrimental to other tenants in the Building. Objectionable conduct by You gives Owner the right to end this Lease. 13. SERVICES AND FACILITIES A. Required Services.Owner will provide cold and hot water and heat as required by law, repairs to the Apartment, as required by law, elevator service if the Building has elevator equipment, and the utilities, if any, included in the rent, as set forth in sub-paragraph B. You are not entitled to any rent reduction because of a stoppage or reduction of any of the above services unless it is provided by law. B. The following utilities are included in the rent: Hot and Cold Water.Cookina Gas. andHeat isubiacttothe SubmeteringRiderL C. and Other Utilities. Electricity If Owner provides electricity or gas and the charge is included in the rent on Page 1, or if You buy electricity or gas from Owner for a separate (sub metered) charge, your obligations are described in the Rider attached to this Lease. If electricity or gas is not included in the rent or is not charged separately by Owner, You must arrange for this service directly with the utility company. You must also pay directly for telephone service if it is not included in the rent. D. Appliances. Appliances supplied by Owner in the Apartment are for your use. They will be maintained and repaired or replaced by Owner, but if repairs or replacement are made necessary because of your negligence or misuse, You will pay Owner for the cost of such repair or replacement as additional rent. E. Elevator Service.If the elevator is the kind that requires an employee of Owner to operate it, Owner may end this service without reducing the rent if: (1) Owner gives You 10 days notice that this service will end; and (2) within a reasonable time after the end of this 10-day notice, Owner begins to substitute an automatic control type of elevator and proceeds diligently with its installation. All non-automatic passenger and service elevators shall be operated only by employees of Owner and must not in any event be interfered with by Tenants. The service elevators, if any, shall be used by servants, messengers and trades people for entering and leaving, and the passenger elevators, if any, shall not be used by them for any purpose. Nurses with children, however, may use the passenger elevators. F. StoreroomUse. If Owner permits You to use any storeroom, laundry or any other facility located in the building but outside of the Apartment, the use of this storeroom or facility will be furnished to You free of charge and at your own risk, except for loss suffered by You due to Owner's negligence. You will operate at your expense any coin operated appliances located in such storerooms or laundries. 14. INABILITY TO PROVIDE SERVICES Because of a strike, labor trouble, national emergency, repairs, or any other cause beyond Owner's reasonable control, Owner may not be able to provide or may be delayed in providing any services or in making any repairs to the Building. In any of these events, any rights You may have against Owner are only those rights which are allowed by laws in effect when the reduction in service occurs. 15. ENTRY TO APARTMENT During reasonable hours and with reasonable notice, except in emergencies, Owner may enter the Apartment for the following reasons: A. To erect, use and maintain pipes and conduits in and through the walls and ceilings of the Apartment; to inspect the Apadment and to make any necessary repairs or changes Owner decides are necessary. Your rent will not be reduced because of any of this work, unless required by law. B. To show the Apartment to persons who may wish to become owners or lessess of the entire Building or may be initials: FILED: NEW YORK COUNTY CLERK 09/21/2022 03:14 PM INDEX NO. 158092/2022 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/21/2022 interested in lending money to Owner; C. For four months before the end of the Lease, to show the Apartment to persons who wish to rent it; D. If during the last month of the Lease You have moved out and removed all or almost all of your property from the Apartment, Owner may enter to make changes, repairs, or redecorations. Your rent will not be reduced for that month and this Lease will not be ended by Owners entry. E. If at any time You are not personally present to permit Owner or Owners representative to enter the Apartment and entry is necessary or allowed by law or under this lease, Owner or Owners representatives may nevertheless enter the Apartment. Owner may enter by force in an emergency. Owner will not be responsible to You, unless during this entry, Owner or Owners representative is negligent or misuses your property. 16. ASSIGNING; SUBLETTING; ABANDONMENT A. Assigning and Subletting. You cannot assign this Lease or sublet the Apartment without Owners advance written consent in each instance to a request made by You in the manner required by Real Property Law §226-b. and in accordance with the provisions of the Rent Stabilization Code and Law, relating to subletting. Owner may refuse to consent to a lease assignment for any reason or no reason, but If Owner unreasonably refuses to consent to request for a Lease assignment properly made, at your request in writing, Owner will end this Lease effective as of thirty days after your request. The first and every other time you wish to sublet the Apartment, You must get the written consent of Owner unless Owner unreasonably withholds consent following your request to sublet in the manner provided by Real Property Law §226-b. Owner may impose a reasonable credit check fee on You in connection with an application to assign or sublet. If You fail to pay your rent Owner may collect rent from subtenant or occupant without releasing You from the Lease. Owner will credit the amount collected against the rent due from You. However, Owners acceptance of such rent does not change the status of the subtenant or occupant to that of direct tenant of Owner and does not release You from this Lease. B. Abandonment. If You move out of the Apartment (abandonment) before the end of this Lease without the consent of Owner, this Lease will not be ended (except as provided by law following Owner's unreasonable refusal to con- sent to an assignment or subletting requested by You.) You will remain responsible for each monthly payment of rent as it becomes due until the end of this Lease subject to Real Property Law §227-e. 17. DEFAULT You default under the Lease if You act in any of the following ways: A. You fail to carry out any agreement or provision of this Lease other than Article 12 of this Lease; B. You do not take possession or move into the Apadment 15 days after the beginning of this Lease; C. You and other legal occupants of the Apartment move out permanently before this Lease ends. If You do default in any one of these ways, other than a default in the agreement to pay rent, Owner may serve You with a written notice to stop or correct the specified default within ten days (the "Cure Period'). You must then either stop or correct the default within the Cure Period, or, if You need more than the Cure Period, You must begin to correct the default within the Cure Period and continue to do all that is necessary to correct the default as soon as possible. If You do not stop or begin to correct a default in the Cure Period or if You or other legal occupants or guests engage in Objectionable Conduct as defined in this Lease, Owner shall give You a written notice that this Lease will end seven (7) days after the date the written notice is sent to You. At the end of the seven (7) day period, this Lease will end and You then must move out of the Apartment If you fail to vacate on the date set forth in the termination notice, Owner shall commence an action or proceeding to recover possession. Even though this Lease ends, You will remain liable to Owner for unpaid rent up to the end of the term of this Lease set forth in Article 2 or any renewal thereof, the fair market value of your occupancy, if any, after the end of the Lease, and damages caused to Owner after that time as stated in Article 18 and as permitted by law. If You do not pay your rent when this Lease requires, Owner or Owner's agent shall send you by cedified mail a written notice stating the Owner or Owners agent did not receive payment for rent within five (5) days of the date specified in the Lease. This does not waive, impair or modify Your obligation to pay rent by the first day of each month. If You fail to pay Owner the rent as demanded in a 14 day statutory written rent demand, Owner may commence an action or summary nonpayment eviction proceeding based upon the non-payment of rent. Once this Lease has been ended, whether because of default or otherwise, You give up any right You might otherwise have to reinstate or renew the Lease. 18. REMEDIES OF OWNER AND YOUR LIABILITY If this Lease is ended by Owner because of your default, the following are the rights and obligations of You and Owner: A. You must pay your rent until this Lease has ended. Thereafter, You must pay an equal amount for what the law calls "use and occupancy" until You actually move out. B. Once You are out, Owner may re-rent the Apartment or any portion of it for a period of time which may end before or after the ending date of this Lease. Owner may re-rent to a new tenant at a lesser rent or may charge a higher rent than the rent in this Lease. Notwithstanding the foregoing, if You vacate the Apartment in violation of the terms of this Lease, only then shall Owner use reasonable effods to re-rent the Apadment at the lesser of the fair market value of the Apartment or the rent paid under this Lease pursuant to Real Property Law §227-e. C. Whether the Apartment is re-rented or not, You must pay to Owner as damages: 1. the difference between the rent in this Lease and the amount, if any, of the rents collected in any later lease or Feasesof the Apartment for what would have been the remaining period of this Lease except to the extent limited by Real Property Law §227-e if applicable; and 2. Owners expenses for advertisements, brokers fees and the cost of putting the Apartment in good condition for re-rental; and 3. Owners expenses for attorney's fees except in the event of a default judgment. D. You shall pay all damages due in monthly installments on the rent day established in this Lease. Any legal action brought to collect one or more monthly installments of damages shall not prejudice in any way Owners right to collect the damages for a later month by a similar action. If the rent collected by Owner from a subsequent tenant of the Apartment is more than the unpaid rent and damages which You owe Owner, You cannot receive the difference. Owners failure to re-rent to another tenant will not release or change your liability for damages, unless the failure is due to Owners deliberate inaction. 4 Initials: FILED: NEW YORK COUNTY CLERK 09/21/2022 03:14 PM INDEX NO. 158092/2022 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/21/2022 19. ADDITIONAL OWNER REMEDIES If You do not do everything You have agreed to do, or if You do anything which shows that You intend not to do what You have agreed to do, Owner has the right to ask a court to make You carry out your agreement or to give the Owner such other relief as the Court can provide. This is in addition to the remedies in Article 17 and 18 of this lease. 20. FEES AND EXPENSES A. Owner's Right. You must reimburse Owner for any of the following fees and expenses incurred by Owner: 1. Making any repairs to the Apartment or the Building, including any appliances in the Apartment, which result from misuse, omissions or negligence by Tenant, the permitted occupants of the Apartment, the Tenant Parties or any other visitors to the Apartment; 2. Correcting any violations of city, state or federal laws or orders and regulations of insurance rating organization concerning the Apartment or the Building which Tenant, the permitted occupants of the Apartment, the Tenant Parties, or any other persons who visit the Apartment or work for Tenant have caused; 3. Preparing the Apartment for the next tenant if Tenant moves out of the Apartment before the Lease ending date without Owner's prior written consent; 4. Any legal fees and disbursements for the preparation and service of legal notices; legal actions or proceedings brought by Owner against Tenant because of a default by Tenant under this Lease; or for defending lawsuits brought against Owner because of the actions of Tenant, the permitted occupants of the Apartment, the Tenant Parties or any other persons who visit the Apartment; 5. Removing any of Tenant's property from the Apartment after this Lease is ended; 6. Any miscellaneous charges payable to the Owner for services Tenant requested that are not required to be fumished Tenant under this Lease for which Tenant has failed to pay the Owner and which Owner has paid; 7. All other fees and expenses incurred by Owner because of the failure to obey any other provisions and agreements of this Lease by Tenant, the permitted occupants of the Apartment, the Tenant Parties or any other persons who visit the Apartment or work for Tenant. T