Posted by Nick on April 21, 2000 at 13:48:36:
In Reply to: Is this a good sublet contract? posted by Kitty on April 10, 2000 at 18:16:38:
: As a struggling actress/singer, I've been offered a chance to perform overseas! However, I don't want to lose my rent-stabilized apartment in Greenwich Village.
: Can anyone tell me if I've done a good job cobbling together the following sublease contract?
: All comments very much appreciated.
: - Kitty
I'm not licensed to practice law in NY, but there's one thing of which I'm sure: DO NOT OVERCHARGE YOUR SUBTENANT. You cannot sublet for profit. If you do, you risk being judged an illusory tenant, and could loose the apartment to the subtenant. Don't be a tightwad---see a landlord-tenant lawyer. If you don't, you could EASILY get into big legal problems.
: Term of Sublet:
: Sublease will commence on or about June 1, 2000, and may continue for a maximum period up to May 31, 2002.
: Tenant may choose not to renew the apartment's lease, which expires on February 28, 2001. If she chooses not to renew the lease, she must inform the Subtenant by Jan 1, 2001. If she chooses not to renew the lease for the term beginning March 1, 2002, she must inform the Tenant by Jan 1, 2002.
: If Tenant wishes to retake possession of the apartment, she must notify the Subtenant ninety days in advance. If Subtenant wishes to vacate the apartment, he must notify the Tenant ninety days in advance.
: Security Deposit
: By May 15, 2000, Subtenant must provide Tenant with cashiers checks for security deposit ($1087.32) and first month's rent ($1087.32, which includes an extra 10% for a furnished apartment). A non-cashier's check will also be accepted before May 10, 2000.
: When he takes possession of the apartment, the Subtenant must also provide a $200 as security deposit for utility bills, to be refunded after he leaves the apartment and pays all utility bills run up during his tenancy. If he does not pay all of his utility bills, a portion or all of the security deposit may be used to cover them.
: The security deposit will be fully refunded if the tenant pays monthly rent in full throughout the term of his tenancy, and leaves the apartment in good condition.
: Moving In
: Subtenant and Tenant will inspect apartment together before Subtenant takes possession, and sign off on a document acknowledging good condition of apartment.
: All damages to apartment beyond normal wear and tear will be responsibility of Subtenant, to be deducted from security deposit of Subtenant. Subtenant is liable for additional charges if he perpetrates damages costing more than the security deposit.
: Tenant will leave apartment clean, swept, and empty of garbage, with white walls, and all furniture removed except what has been agreed to as part of the furnished apartment. She will leave all drawers and cabinets empty, with possible exception of one closet shelf.
: Tenant will provide Subtenant with two copies of keys to front door, apartment door, and fire escape.
: Living in the Apartment
: Subtenant will maintain apartment, keeping it clean and taking care of routine repairs. For more serious repairs, he agrees to promptly contact the super and landlord. He will maintain good relations with neighbors and follow building rules, particularly those concerning pets, garbage disposal, noise, and staying off the roof.
: Subtenant will keep the telephone and utility accounts in good standing. If he chooses to install cable TV or additional phone lines at his own expense, he must keep them in good standing as well.
: If Subtenant changes lock on door, he must provide Tenant and landlord with copies of the new keys within seven days. If he does not provide keys, Subtenant is liable for the cost of a locksmith to provide Tenant access to apartment.
: Paying Rent
: Five business days before the end of each month, Subtenant will deposit $1087.32 into Tenant's Money Market account at Chase Manhattan Bank in New York. On the first of the month, Subtenant must mail Tenant's check to landlord.
: If Subtenant fails to pay rent for a month, Tenant will use Subtenant's security deposit to pay the rent, and begin procedures to evict Subtenant.
: If the Tenant's check to the Landlord bounces, due to Subtenant's failure to deposit rent, Subtenant shall be responsible for all resulting fees.
: Moving Out
: Subtenant will be out of apartment on the last business day of the month in which he pays final rent.
: Subtenant will repaint anything not painted white, remove anything affixed to walls or floor, remove all furniture belonging to him, and leave apartment clean, swept, and empty of garbage. The apartment must be in condition to be returned to the landlord immediately if necessary.
: Subtenant will return two current copies of keys to front door, apartment door, and fire escape, as well as to any new locks on any part of the apartment.
: Once Tenant and Subtenant have inspected the apartment together and concluded that there are no damages to it, Tenant will refund Subtenant's security deposit. If there are damages, Tenant reserves the right to pay for them with some portion of the security deposit.
: Subtenant agrees to hold Tenant not liable for any injuries to himself or his guests during his tenancy in the apartment.
: Subtenant understands that he is not covered under Tenant's apartment insurance, and that if he wishes to be insured in case of fire, theft, or flood damage in the apartment he must obtain coverage on his own.
: Tenant is not liable if Subtenant cannot live in apartment due to flood, fire, or lack of services by landlord.
: Subtenant will forward Tenant's mail, using envelopes and stamps provided by the Tenant.
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