Preview
FILED: DUTCHESS COUNTY CLERK 02/14/2024 11:24 AM INDEX NO. 2024-50663
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/14/2024
"D"
EXHIBIT
FILED: DUTCHESS COUNTY CLERK 02/14/2024 11:24 AM INDEX NO. 2024-50663
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/14/2024
NOTICE TO TERMINATE MONTH-TO-MONTH TENANCY
LANDLORD'S
(Residential)
22, 2024
January
TO: UNDERTENANTS OR ASSIGNS AND any other occupants in
TENANTS,
the premises known as 10 Shady Lane, Wingdale, NY 12594 ("Subject
Property")
Specially, to Mr. Jorge Amador ("Tenant")
Re: Ninety (90) Day Notice to Terminate Month-To-Month Tenancy
between the Owner/Landlord, 1512 Rt 22, LLC, and the Tenant regarding
the Subject Premises, a residential property
Dear Mr. Amador,
PLEASE TAKE NOTICE, that the undersigned Landlord elects not to re-new your
tenancy of the Subject Premises, which is presently being held by you pursuant to a
month-to-month tenancy and is due to expire on January 31, 2024.
PLEASE TAKE FURTHER NOTICE that you, the Tenant, have been in possession of
the Subject Premises for a period of two years or more and the1ease was for a duration of
one year.
PLEASE TAKE FURTHER NOTICE, that you and all other persons occupying the
Subject Premises must vacate and surrender the Subject Premises on or before May 2,
2024 a date not less than ninety (90) days from the date the herein Notice To Terminate
Month-To-Month Tenancy was served upon you.
PLEASE TAKE FURTHER NOTICE, that the failure to quit and vacate the Subject
Premises by the above date will result in the Landlord commencing a summary proceeding
to have you evicted from the Subject Premises for holding over past the termination of your
tenancy and for possession, a money judgment for all monetary relief, including unpaid
rent and use and occupancy, together with all other reasonable ·elief the Owner/Landlord
is entitled. .
Dated: January 22, 2024
James P. McEleney, Esq
Attorneysfor Landlord,
1512 Rt 22, LLC
The Law Office of William G.
Sayegb, P.C.
65 Gleneida Ave,
Carmel, NY 10512
845-228-4200
FILED: DUTCHESS COUNTY CLERK 02/14/2024 11:24 AM INDEX NO. 2024-50663
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/14/2024
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Th agreement a this day of (mo.) /W Y (yrÂC . is betwee ofMM f 10 (hereinailer caHed Management) and
r"
a e ent . ,(hereinafter called Resident). gement leases to Resident, and Resident rents from Management, residential unit
focated L ft) ha. de •K ereafter called premises),under the fonowing conditions·
TERM-
1 mitial tarn of
+Zo
ease I be , beginning (mo./day) P Â
/ NLGOf and ending Noon,
(molday) -del (yc)
POSSESSION: 2. If there is a delay In delivery of possession by Management, rent shan be abated on a daily basis until possession is
gamfed. If Irion is not granied within seven (D days after the beginning day of initial term, then Resident
may void
this agreement and have full refund of any deposit Management shaH not be Ilable for damages for delay in possession.
RENT: 3. Rent is payable monthly, in advance, at a rate of dollars (S CÃ
), per month, during the
- tenn of this agreement on the tirst
day of each month at the office of Management or at such other place Management
may designate. Tenant agrees in pay $2D for each dishonored check,
RENT 4. Time is of the essence of this agreement If the rent is ted before the close of the business day, on the 4th of each
DISCDilNT: month the rate will be 4/kb Cd dollars (S C ), any retumed check will be considered as unpaid
rent and not subject to discount.
EVIGft0N: 5. If the rent called for in paragraph 3 hereof has not been paid by the IIfteenth
(15th) of the month, then Management shaU
automatically and Immediately have the right to take out a Dispossessory Warrant and have Resident, his/her family and
possessions evicted from the premises.
INElEMNIFICATION 6. Management acImowledges receipt of -- C) dollars (S ), as a deposit to indemnify owner
DEPOSIT: against damage to the pmperty and for Residenes fulfillment of the conditions of this agreement. Deposit wiR be retumed to
Resident less a $50 carpet cleaning charge, thirty (30) days after the residence is unmtM it
(a) Lease tenn bas expired or agreement has Deen tenninated by both parties; and
(b) All monies due Management by Resident have been paid; and
(c) Residence is not damaged and is left in Its original condition, normai wear and tear expected, and
(d) Management is in receipt of copy of paid tinal hiUs on all utilities (scludes gas, electric, water,
garbage, and
telephone).
(s) Deposit will not be retumed if Resident feaves before lease time is completed. Deposit may be applied
by
Management to satisfy all or part of Residents obHgations and such act shall not prevent Management
fmm
claiming damages in excess of the deposit. Resident may not apply the deposit to any of the rent payment
RENEWAL
TERM:
7. 11is the intent of hath parties that this inase is for a period of 2 4 months and that the last month1s rent wiD apply
only to the last month of the lease period. Should this lease be reached by the Resident, both the last month's
rent and
the Indemnification deposit shall be forfeited as liquidated damages and the Resident will owe rent
thmugh the last day of
occupancy.
SUB1EF: 8. Resident may not sublet residence or assign this lease without written consent of Management
_ GREDIT -, - 9. Management havhig received and reviewed a credit application filled out
by Resident, and Management having relied upon
APPLICATION: the representations and statements made therein as
being ime and correct, has agreed to enter into this rental agreement
with Resident Resident and Management agree the credit appilcation the Resident IDled
out when making application to rent
said residence is hereby incorporated by reference and made a part of this rental
agreement Resident further agrees If he/she
has falsified any statement on said application, Management has the right
to terminate rental agreement immediately, and
further agrees Managementshall be entitledto keep
any security deposit and any prepaid rent as liquidated damages. Resident
further agrees, In event Management exercises its op11onto terminate rental
agreement, Resident wiB remove him or herself,
. histher family, and possessions from the premises within 24 hours of notification fmm
Management of the termination of his
lease. Resident further agrees to Indemnify Management for
any damages to property of Management including, but not
Emited to, the cost of maidng residence suitable for
renting to another Resident, and waives any right of "set off" for the
security deposit and prepaid rent which was forfeited as liquidated damages
FIRE AND 10. If residence becomes uninhabitable by reason of
tire, explosion, or by other casually, Management may, at its option,
CASUALTY: terminate rental agreement or repair damages within 30 days. If Management
does not do repairs within this time or if
building is fuHy destroyed, the rental agreement hereby created is testinated. If Management elects to repair
shall be ntatM and prorated imm the date of the damage, rent
tire, pupincine, or ather menany to the date of reoccupancy, providing
during repairs, Resident has vacated and removed Residents possessions as required
by Management. The date of
reoccupancy shaD be the date of notice that residence is ready for reoccupancy.
ROLD DVER: 11. Resident shaD deliver pnmsannian of residence In good order and
repair to Management upon termination or expimtion of this
agreement
RIGiff OF 12. Management shall have the right of access to residence for Inspection and
repair or maintenance during masonable
ACCESS: hours. in case of emergency, Management may enter at
any time to protect IIte and prevent damage to the property.
USE: 13. Residence shall be used for residential purposes
only and shall be occupied ordy by the persons named in Residents
application to lease. The presence of an individual
residing on the premises who is not a signator on the renhd agreement
wiR be sufficient gmunds for temdnation of this agreement Residence
shaD be used so as to comply with state, county,
and municipal laws and ordinances. Resident shall not use residence
or permit it to be used for any disordedy or unlawful
purpose or in any manner so as to Interfere with other Residents quiet
enjoyment of their residence.
PROPHITY 14: Management shall not be liable for damage to
Residenes paperty for any type for any reason or cause
LDSS: where such is due to Managements whatsoever, except
gross negHgence. Resident acknowledges that he/she is aware
that he/she is
responsible for obtaining any desired insurance for
fire, thett, imbility, etc. on personal possessions, family, and guests.
PEl 27a
FILED: DUTCHESS COUNTY CLERK 02/14/2024 11:24 AM INDEX NO. 2024-50663
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/14/2024
c
T Pt
/ fP7 3 f at 7
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Preview
FILED: DUTCHESS COUNTY CLERK 02/14/2024 11:24 AM INDEX NO. 2024-50663 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/14/2024 "D" EXHIBIT FILED: DUTCHESS COUNTY CLERK 02/14/2024 11:24 AM INDEX NO. 2024-50663 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/14/2024 NOTICE TO TERMINATE MONTH-TO-MONTH TENANCY LANDLORD'S (Residential) 22, 2024 January TO: UNDERTENANTS OR ASSIGNS AND any other occupants in TENANTS, the premises known as 10 Shady Lane, Wingdale, NY 12594 ("Subject Property") Specially, to Mr. Jorge Amador ("Tenant") Re: Ninety (90) Day Notice to Terminate Month-To-Month Tenancy between the Owner/Landlord, 1512 Rt 22, LLC, and the Tenant regarding the Subject Premises, a residential property Dear Mr. Amador, PLEASE TAKE NOTICE, that the undersigned Landlord elects not to re-new your tenancy of the Subject Premises, which is presently being held by you pursuant to a month-to-month tenancy and is due to expire on January 31, 2024. PLEASE TAKE FURTHER NOTICE that you, the Tenant, have been in possession of the Subject Premises for a period of two years or more and the1ease was for a duration of one year. PLEASE TAKE FURTHER NOTICE, that you and all other persons occupying the Subject Premises must vacate and surrender the Subject Premises on or before May 2, 2024 a date not less than ninety (90) days from the date the herein Notice To Terminate Month-To-Month Tenancy was served upon you. PLEASE TAKE FURTHER NOTICE, that the failure to quit and vacate the Subject Premises by the above date will result in the Landlord commencing a summary proceeding to have you evicted from the Subject Premises for holding over past the termination of your tenancy and for possession, a money judgment for all monetary relief, including unpaid rent and use and occupancy, together with all other reasonable ·elief the Owner/Landlord is entitled. . Dated: January 22, 2024 James P. McEleney, Esq Attorneysfor Landlord, 1512 Rt 22, LLC The Law Office of William G. Sayegb, P.C. 65 Gleneida Ave, Carmel, NY 10512 845-228-4200 FILED: DUTCHESS COUNTY CLERK 02/14/2024 11:24 AM INDEX NO. 2024-50663 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/14/2024 aamaw±un""am aarm., e-a."gwus.IasantEF55". 51%EE EU ""E-"E83r""3 WS Th agreement a this day of (mo.) /W Y (yrÂC . is betwee ofMM f 10 (hereinailer caHed Management) and r" a e ent . ,(hereinafter called Resident). gement leases to Resident, and Resident rents from Management, residential unit focated L ft) ha. de •K ereafter called premises),under the fonowing conditions· TERM- 1 mitial tarn of +Zo ease I be , beginning (mo./day) P Â / NLGOf and ending Noon, (molday) -del (yc) POSSESSION: 2. If there is a delay In delivery of possession by Management, rent shan be abated on a daily basis until possession is gamfed. If Irion is not granied within seven (D days after the beginning day of initial term, then Resident may void this agreement and have full refund of any deposit Management shaH not be Ilable for damages for delay in possession. RENT: 3. Rent is payable monthly, in advance, at a rate of dollars (S Cà ), per month, during the - tenn of this agreement on the tirst day of each month at the office of Management or at such other place Management may designate. Tenant agrees in pay $2D for each dishonored check, RENT 4. Time is of the essence of this agreement If the rent is ted before the close of the business day, on the 4th of each DISCDilNT: month the rate will be 4/kb Cd dollars (S C ), any retumed check will be considered as unpaid rent and not subject to discount. EVIGft0N: 5. If the rent called for in paragraph 3 hereof has not been paid by the IIfteenth (15th) of the month, then Management shaU automatically and Immediately have the right to take out a Dispossessory Warrant and have Resident, his/her family and possessions evicted from the premises. INElEMNIFICATION 6. Management acImowledges receipt of -- C) dollars (S ), as a deposit to indemnify owner DEPOSIT: against damage to the pmperty and for Residenes fulfillment of the conditions of this agreement. Deposit wiR be retumed to Resident less a $50 carpet cleaning charge, thirty (30) days after the residence is unmtM it (a) Lease tenn bas expired or agreement has Deen tenninated by both parties; and (b) All monies due Management by Resident have been paid; and (c) Residence is not damaged and is left in Its original condition, normai wear and tear expected, and (d) Management is in receipt of copy of paid tinal hiUs on all utilities (scludes gas, electric, water, garbage, and telephone). (s) Deposit will not be retumed if Resident feaves before lease time is completed. Deposit may be applied by Management to satisfy all or part of Residents obHgations and such act shall not prevent Management fmm claiming damages in excess of the deposit. Resident may not apply the deposit to any of the rent payment RENEWAL TERM: 7. 11is the intent of hath parties that this inase is for a period of 2 4 months and that the last month1s rent wiD apply only to the last month of the lease period. Should this lease be reached by the Resident, both the last month's rent and the Indemnification deposit shall be forfeited as liquidated damages and the Resident will owe rent thmugh the last day of occupancy. SUB1EF: 8. Resident may not sublet residence or assign this lease without written consent of Management _ GREDIT -, - 9. Management havhig received and reviewed a credit application filled out by Resident, and Management having relied upon APPLICATION: the representations and statements made therein as being ime and correct, has agreed to enter into this rental agreement with Resident Resident and Management agree the credit appilcation the Resident IDled out when making application to rent said residence is hereby incorporated by reference and made a part of this rental agreement Resident further agrees If he/she has falsified any statement on said application, Management has the right to terminate rental agreement immediately, and further agrees Managementshall be entitledto keep any security deposit and any prepaid rent as liquidated damages. Resident further agrees, In event Management exercises its op11onto terminate rental agreement, Resident wiB remove him or herself, . histher family, and possessions from the premises within 24 hours of notification fmm Management of the termination of his lease. Resident further agrees to Indemnify Management for any damages to property of Management including, but not Emited to, the cost of maidng residence suitable for renting to another Resident, and waives any right of "set off" for the security deposit and prepaid rent which was forfeited as liquidated damages FIRE AND 10. If residence becomes uninhabitable by reason of tire, explosion, or by other casually, Management may, at its option, CASUALTY: terminate rental agreement or repair damages within 30 days. If Management does not do repairs within this time or if building is fuHy destroyed, the rental agreement hereby created is testinated. If Management elects to repair shall be ntatM and prorated imm the date of the damage, rent tire, pupincine, or ather menany to the date of reoccupancy, providing during repairs, Resident has vacated and removed Residents possessions as required by Management. The date of reoccupancy shaD be the date of notice that residence is ready for reoccupancy. ROLD DVER: 11. Resident shaD deliver pnmsannian of residence In good order and repair to Management upon termination or expimtion of this agreement RIGiff OF 12. Management shall have the right of access to residence for Inspection and repair or maintenance during masonable ACCESS: hours. in case of emergency, Management may enter at any time to protect IIte and prevent damage to the property. USE: 13. Residence shall be used for residential purposes only and shall be occupied ordy by the persons named in Residents application to lease. The presence of an individual residing on the premises who is not a signator on the renhd agreement wiR be sufficient gmunds for temdnation of this agreement Residence shaD be used so as to comply with state, county, and municipal laws and ordinances. Resident shall not use residence or permit it to be used for any disordedy or unlawful purpose or in any manner so as to Interfere with other Residents quiet enjoyment of their residence. PROPHITY 14: Management shall not be liable for damage to Residenes paperty for any type for any reason or cause LDSS: where such is due to Managements whatsoever, except gross negHgence. Resident acknowledges that he/she is aware that he/she is responsible for obtaining any desired insurance for fire, thett, imbility, etc. on personal possessions, family, and guests. PEl 27a FILED: DUTCHESS COUNTY CLERK 02/14/2024 11:24 AM INDEX NO. 2024-50663 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/14/2024 c T Pt / fP7 3 f at 7 n