ABCDEFGHIJK
1
2
Instructions: If you are leasing a non-rent stabilized apartment in a building that is neither a condominium nor a cooperative, please fill out the checklist below to the best of your knowledge and return the checklist to __________________________ at _________________________ (e.g., Larry H. Haber, Esq., Abrams Garfinkel Margolis Bergson, LLP (AGMB) at lhaber@agmblaw.com) for the REBNY Form Lease to be prepared. If you are leasing (i) an apartment in a condominium building, (ii) an apartment in a cooperative building, or (iii) a single family/townhouse, please consult the applicable checklist.
3
4
5
Non-Rent Stabilized Apartment Lease Checklist
6
7
8
ArticleQuestionAnswer (if applicable)
9
10
PreambleWho is the Owner?
11
Please provide the Owner's address.
12
Who is the Tenant?
13
Please provide the Tenant's address.
14
Apartment and Use1What is the Apartment number/letter?
15
What floor is the Apartment located on?
16
What is the Building address?
17
Other than the named tenant(s), please provide any Permitted Occupants. (note that pursuant to Real Property Law §235-f, the Landlord cannot restrict a Tenant's immediate family from occupying the Premises)
18
Lease Commencement Date; Length of Lease2What is the Lease Commencement Date?
19
How long is the Term?1-YEAR2-YEARS____ MONTH(S)
20
If the Lease Commencement Date does not occur on the first of the month, should the Term of the Lease end on the last day of the applicable month (e.g., if the Lease Commencement Date is August 15, 2019 and the Term is 1 year, do you want the Term to end on (i) August 14, 2020, or (ii) August 31, 2020)?END OF THE MONTHEXACTLY 1-YEAR FROM THE LEASE COMMENCEMENT DATE
21
Rent3AWhat is the monthly Rent amount? $__________________________
22
3BUnless Owner instructs otherwise, upon Lease execution, Tenant will be required to pay by bank or cashier's check (i) one (1) months' rent, (ii) the Security Deposit (see Section 4 below), and (iii) any commission due by Tenant to the Broker (note that landlords cannot require greater than one (1) months' rent at Lease signing).
23
3EWhat form of payment must Tenant use to pay Rent? (if by direct deposit, please provide the wiring instructions to provide the Tenant).CHECK (ONLY)DIRECT DEPOSIT (ONLY)EITHER FORM IS ACCEPTABLE
24
OTHER _____________________________________________________________
25
Security Deposit4What is the amount of the Security Deposit? (note that the amount cannot exceed one (1) months' rent) $__________________________
26
What is the name and NY address of the bank that Owner is depositing the Security Deposit in? (note that the Security Deposit must be deposited in a segregated account with a bank located in the state of New York)
27
Changes and Alterations9DIs Owner pre-approving any Alterations which may be made by Tenant (at Tenant's sole cost and expense)?YESNO
28
If yes, please provide a list of the pre-approved Tenant Alterations.
29
Services and Facilities12BAside from heat and water which Owner is required to provide by law, are there any other utilities included in the Rent?YESNO
30
If yes, please list the utilities included in the Rental charge.
31
12C(ii)Is the Owner providing the Tenant with any utilities on a separate, sub-metered charge that Tenant must pay to Landlord upon rendition of a bill?YESNO
32
If yes, please list the utilities being supplied on a sub-metered basis.
33
12EThe Tenant is responsible for the cost of any repair or replacement to appliances caused by Tenant's or Tenant's agent's, contractor's, invitee's, licensee's, guest's or servant's negligence or misuse. Will the Tenant also be responsible for the initial cost (e.g., $250 or $500) of any repair or replacement not caused by Tenant?YESNO
34
If yes, how much of the initial cost is Tenant responsible for?$250$500OTHER $_________________
35
Bills and Notice25Does Owner want to allow for notices under the Lease via email?YESNO
36
If yes, please provide the Owner's email address for notices.
37
If yes, please provide the Tenant's email address for notices.
38
Please provide the Owner's mailing address for notices under the Lease.
39
Please provide any mailing address that notices to the Owner should be copied to (e.g., the attorney preparing the Lease).
40
Please provide the Tenant's mailing address for the period prior to the Lease Commencement Date.
41
Insurance32C(i)Is the Tenant required to obtain General Liability Insurance?YESNO
42
If yes, what is its minimum amount (e.g., $500,000 or $1,000,000)? $__________________________
43
If yes, what is the minimum amount of any required umbrella policy? $__________________________
44
Furniture33Is the Apartment being leased furnished?YESNO
45
If yes, please provide a list of the furniture and other furnishings remaining in the Apartment.
46
Broker34Who is the Tenant's Broker on the Lease (if any)?
47
Who is the Owner's Broker on the Lease (if any)?
48
If there is a Broker(s) on the Lease, which party is responsible for paying the brokerage commission?OWNERTENANT
49
OTHER _____________________________________________________________
50
Option to Renew35ADoes the Tenant have the right to extend the Term of the Lease? YESNO
51
If yes, for how long?1-YEAR2-YEARS____ MONTH(S)
52
35BIf yes, what is the monthly Rent for the Extension Term? $__________________________
53
Terraces, Balconies and Backyards36Does the Apartment include a terrace, balcony, and/or backyard?YESNO
54
Lead Paint Disclosure37Was the Building erected after 1978?YESNO
55
Pets38Is the Tenant permitted to keep pets at the Apartment (upon Owner's prior written consent)?YESNO
56
38BIf yes, please provide a brief description of any approved pet (e.g., one (1) male Yorkie that is approximately 12 lbs.).
57
Bicycles59Are bicycles permitted to be stored inside of the Apartment?YESNO
58
Alarm System60Is there an existing Alarm System at the Apartment?YESNO
59
GuarantyIs the Tenant required to provide a Guarantor(s) on the Lease?YESNO
60
If yes, please provide the name and address of the Guarantor(s).
61
Reminder: You will need to provide and execute (as applicable) the statutorily required Riders attached to the REBNY Form Lease.
62
Disclaimer: The information presented herein is not legal advice, is not to be relied on as such, may not be current, and is subject to change without notice. The content of this document contains general information and may not reflect current legal developments, verdicts, or settlements; especially with regards to the NYS Housing Stability and Tenant Protection Act of 2019 which is fluid and subject to different interpretations. Abrams Garfinkel Margolis Bergson LLP (AGMB), Leasing REality LLC (Leasing REality) and the AGMB Training Center LTD. (AGMBTC) do not represent or warrant that such information is or will always be up-to-date, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. You assume all responsibility for your use of, or access to, this document and waive all claims or causes of action against AGMB, Leasing REality, AGMBTC, their partners, officers, employees, agents, or affiliates in connection therewith. No recipients of this document should act or refrain from acting on the basis of any information included in this document without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state.
63
Attorney Advertising: The Content of this document is intended for informational purposes only. It is not intended to solicit business or to provide legal advice. Laws differ by jurisdiction, and the information within this document may not apply to every user. You should not take, or refrain from taking, any legal action based upon the information contained in this document without first seeking professional counsel. Your use of the materials presented does not create an attorney-client relationship between you and AGMB, Leasing REality, AGMBTC, Larry H. Haber and/or any entity either of the foregoing are related to. Prior Results Do Not Guarantee Future Success!
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100