30+ Night Lease Agreement
Rove Plus 30+ Night NYC Lease Agreement
For stays of 30 consecutive nights or more
Please read this Lease Agreement (this “Agreement”) carefully before executing. This Agreement constitutes a contract between you (“Occupant” or “Tenant”) and Rove Ventures, Inc. (“Rove”) in Rove’s capacity as agent for the owner of the Property identified below (the “Owner”). The Owner is the legal landlord and lessor of the Property. Rove acts solely as Owner’s authorized agent for the purposes of marketing, leasing, collecting Rent and Security Deposit, and managing the Property in connection with this Agreement. It is the responsibility of all Occupants, guests, and members of their party to be familiar with all terms of this Agreement pertaining to the lease. This occupancy is a residential lease for a fixed term of more than thirty (30) consecutive nights.
By executing this Agreement, Occupant agrees to all terms and conditions of this Agreement. The Owner is an intended third-party beneficiary of this Agreement and may enforce its terms directly against Occupant.
Article 1. Definitions and Parties
1.1 Parties
This Agreement is made between Rove (acting as agent for Owner) and the individual identified below as Occupant (“Occupant”, and together with all guests listed below, “Occupants” or “Occupant Parties”). Owner has authorized Rove to execute and administer this Agreement on Owner’s behalf. Notwithstanding such agency, Owner is the legal landlord and Owner’s rights and remedies under this Agreement are direct, and may be enforced by Owner without joinder of Rove. Specific provisions governing the relationship between Rove and Owner are set forth in Article 12.
1.2 The Property
In consideration of the Rent paid by Occupant, Rove (on behalf of Owner) grants Occupant an exclusive right to occupy the property identified below (the “Property”) during the Rental Term, subject to the terms and conditions of this Agreement and any House Rules applicable to the Property.
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1.3 Term
- Check-in Date: {{check_in_date}}
- Check-in Time: 4:00 PM local time.
- Checkout Date: {{check_out_date}}
- Checkout Time: 10:00 AM local time.
The terms “Term” or “Rental Term” mean the period commencing at the Check-in Date and Time and ending at the Check-out Date and Time identified above.
1.4 Rent and Security Deposit
- Total Rent for the entire Rental Term: {{booking_price}}
- Security Deposit (if any; see Section 3.4): {{security_deposit}}
1.5 Occupant Information
Occupants: Number of Adult Occupants: {{number}}Number of Children (under 18): {{number}}Number of Infants: {{number}}
1.6 Defined Terms
(a) “Owner” means the legal owner of the Property as identified in Section 1.2.
(b) “Rove” means Rove Ventures, Inc., acting solely as Owner’s authorized agent under this Agreement.
(c) “Indemnitees” means Owner, Rove, and each of their respective agents, members, managers, officers, employees, trustees, and principals.
(d) “Occupant Parties” means Occupant and any guest, invitee, or other person present at the Property at Occupant’s invitation or with Occupant’s permission.
(e) “House Rules” means all rules and regulations posted at the Property or delivered to Occupant by Rove or Owner.
(f) “Laws” means all applicable federal, state, and local laws, statutes, codes, ordinances, and governmental orders, rules, requirements, and regulations.
(g) “Rent” means the Total Rent, all Rent Installments, all Additional Charges, and all other sums and charges required to be paid by Occupant under this Agreement.
(h) “Tenant” has the same meaning as “Occupant” and is used interchangeably in this Agreement. References to “Occupant” shall be construed as references to a residential lessee of the Property under New York landlord-tenant law.
1.7 Residential Lease Characterization; No Tax
This Agreement is a lease of residential real property for a term of thirty (30) consecutive nights or more. The parties intend the rental of the Property to constitute a non-taxable lease of real property and not the rental of hotel occupancy. No New York State sales tax under Tax Law § 1105(e), no New York City Hotel Room Occupancy Tax under NYC Administrative Code § 11-2502, and no other transient occupancy tax has been or will be collected on the Rent payable under this Agreement. Owner does not operate, and Rove does not manage the Property as, a hotel, motel, inn, bed-and-breakfast, or other establishment of transient occupancy.
Tax Recharacterization. If the actual term of Occupant’s possession ends before the thirtieth (30th) consecutive night, and as a result any portion of the Rent becomes subject to New York State sales tax, the NYC Hotel Room Occupancy Tax, or any other transient occupancy tax, Occupant shall pay Rove (on behalf of Owner) the full amount of such tax, plus any interest and penalties assessed, within ten (10) days of Rove’s written notice. This obligation survives termination of this Agreement and does not apply where the early termination results from breach or default by Owner or Rove. For the avoidance of doubt, Occupant’s contractual liability for Rent during the unexpired portion of the Rental Term under Section 4.2 and Section 10.4 remains regardless of physical departure.
Article 2. Execution and Possession
2.1 Lease Effective
This Agreement shall not be considered effective unless and until (a) this Agreement has been unconditionally executed and delivered by Occupant and Rove (acting on behalf of Owner), (b) Owner has received from Occupant, in good collected funds, the Security Deposit (if any), and (c) Rove has received from Occupant, in good collected funds, all Rent required to be paid upon or prior to execution of this Agreement.
2.2 Authorized Use
The Property is for the sole use of the listed Occupants and their invitees and guests, in full compliance with this Agreement. Occupant Parties are authorized to use the Property beginning at the Check-in Time on the Check-in Date and ending at the Check-out Time on the Check-out Date. Use of the Property is for residential occupancy only.
2.3 Occupancy Limits
The number of Occupants may not exceed the number listed in Section 1.5 without prior written approval of Rove. Notwithstanding the foregoing, nothing in this Section limits any non-waivable right of Occupant under NY Real Property Law § 235-f to have one (1) additional occupant (and any dependent children of such occupant) reside at the Property, subject to written notice to Rove within thirty (30) days of such occupant taking occupancy. Extra guests beyond the approved number (and beyond any occupant authorized under RPL § 235-f) must be removed, and the Agreement may be terminated in accordance with Article 10. Authorized events and gatherings are governed by Section 7.5.
Article 3. Financial Terms
3.1 Payment of Rent
Occupant shall pay the Total Rent in the installments and on the due dates set forth in Section 1.4. All Rent shall be paid by Occupant without offset, setoff, abatement, or deduction except as expressly provided in this Agreement or required by applicable Law. At lease execution, Occupant shall pay the first month’s Rent and any Security Deposit; subsequent Rent Installments shall be due on the dates set forth in Section 1.4.
3.2 Late Charges
If any amount due from Occupant is not received by Rove by the applicable payment due date, Rove may charge five percent (5%) of the overdue amount as a late charge, capped at fifty dollars ($50) per occurrence in conformity with New York Real Property Law § 238-a, and not assessed earlier than five (5) days after the due date. Late charges are in addition to, and not in lieu of, any other rights and remedies available to Owner or Rove.
3.3 Notice of Late Rent
If any Rent remains unpaid more than five (5) days after the due date, Rove (on behalf of Owner) may send Occupant a written notice of the unpaid amount via email to the email address on file, or by SMS text message to the mobile phone number on file where Occupant has provided consent to electronic communications. Where any subsequent legal proceeding requires service of a predicate notice by a specific method, including the fourteen-day rent demand under RPAPL § 711(2), Rove and Owner will comply with the applicable statutory service requirement under RPAPL § 735 or other applicable law at that time.
3.4 Security Deposit
In lieu of a cash Security Deposit, Rove typically holds a credit card authorization on file or, where elected by Occupant, the Accidental Damage Waiver described in Article 5. Where a cash Security Deposit is required for a particular Property, the amount is set forth in Section 1.4 and is paid to and held by Rove or the Owner. Any cash Security Deposit shall not exceed one (1) month’s Rent, in conformity with NY Real Property Law § 7-108(1-a)(a). In the event of any damages caused by Occupant Parties (“Occupant-Caused Damages”), Rove (on behalf of Owner) shall send Occupant an itemized bill and may charge such amounts to the payment method on file or deduct such amounts from any cash Security Deposit. Where the Security Deposit or available authorization is insufficient to cover the Occupant-Caused Damages, Occupant shall pay the additional amounts upon receipt of an itemized invoice.
Pre-Departure Inspection. In accordance with NY Real Property Law § 7-108(1-a)(e), Rove (on behalf of Owner) provides the opportunity for the Occupant to request an inspection of the Property prior to vacating. Upon Occupant’s request, Rove will conduct the inspection at a mutually convenient time no later than forty-eight (48) hours before Occupant’s scheduled departure. Rove will strive to accommodate Occupant’s preferred time; where that is not practicable, Rove will provide at least twenty-four (24) hours’ notice of an alternative time. Occupant shall have the right to be present at the inspection. Rove will provide Occupant with an itemized statement of any condition that, if not remedied by Occupant before vacating, may result in deductions from the Security Deposit, and Occupant shall have a reasonable opportunity to cure the noted conditions before vacating.
Where a cash Security Deposit is held, within fourteen (14) days of the termination of this Agreement and Occupant vacating the Property, Owner (through Rove) will return the Security Deposit, less any amounts retained for Occupant-Caused Damages or other unpaid amounts due under this Agreement, accompanied by an itemized statement. Failure to provide the itemized statement within fourteen (14) days forfeits any right to retain any portion of the Security Deposit, in accordance with RPL § 7-108.
3.5 Additional Charges
Any additional charges identified in this Agreement (an “Additional Charge”) shall be charged to Occupant and due and payable to Rove on the date identified in any accompanying invoice. Additional Charges are subject to the late charge and notice provisions of Sections 3.2 and 3.3.
For Rental Terms of six (6) months (180 days) or longer, Occupant is responsible for establishing accounts directly with the applicable utility providers (electric, gas, internet, and any other separately metered service) and for paying all utility charges for the Property during the Rental Term. Occupant shall complete the transfer of utility accounts into Occupant’s name within thirty (30) days of the Check-in Date, or such other date as Rove specifies in writing. If Occupant fails to transfer utility accounts within the required period, Rove may (a) continue to pay the utility charges on Occupant’s behalf and bill Occupant for the actual metered cost as an Additional Charge, plus a monthly administrative and processing fee of seventy-five dollars ($75) per utility account that remains untransferred, and (b) treat the continued failure to transfer as a breach of this Agreement subject to the cure-notice provisions of Section 7.1. The monthly administrative fee reflects Rove’s actual cost of monitoring, processing, and reconciling utility invoices on Occupant’s behalf and is not a penalty. Utility charges billed by Rove under this Section are subject to the late-charge and notice provisions of Sections 3.2 and 3.3. Where a particular utility cannot be placed in Occupant’s name (for example, where the building does not permit individual tenant accounts), Rove will notify Occupant in writing, and the utility will be billed to Occupant at actual cost with no administrative fee.
3.6 Damage Charge Authorization
By executing this Agreement, Occupant authorizes Rove (on behalf of Owner) to charge the credit card or payment method on file for any unpaid Rent, Additional Charges, fines, citations, excessive cleaning, Occupant-Caused Damages, replacement costs (including lost keys or fobs), late departure fees, or any other amounts due under this Agreement. This authorization survives the termination of the Rental Term until all amounts due have been paid in full.
3.7 Dispute Resolution Covenant
Occupant agrees to use the dispute process set forth in Section 5.6 in good faith to resolve any dispute regarding charges authorized under this Agreement before initiating a credit card chargeback or similar reversal mechanism with Occupant’s card issuer or payment network. Occupant’s breach of this covenant, including initiation of a chargeback in circumstances other than demonstrable fraud or unauthorized use of the payment method, shall entitle Owner and Rove to recover from Occupant all reasonable costs of responding to and contesting the chargeback, including chargeback fees, administrative costs, and attorneys’ fees. Nothing in this Section purports to waive any non-waivable right of Occupant under applicable Law or card network rules.
3.8 Screening, Processing, and Building Fees
- Application and Screening Fees. In accordance with NY Real Property Law § 238-a(1)(b), no application or background-check fee charged by Rove shall exceed twenty dollars ($20), or such other amount as may be permitted by Law from time to time.
- Credit Card Processing Fee. Where Occupant elects to pay by credit card at checkout, a credit card processing fee will be charged and itemized separately at checkout. Occupant may avoid the credit card processing fee by selecting an alternative payment method offered by Rove (such as ACH or wire transfer).
- Building Application and Board Fees. Where the Property is in a condominium, cooperative, or other building that requires a board application, package, or approval process, the building’s application or processing fees will be passed through to Occupant as an Additional Charge in the amount actually charged by the building, with no markup by Rove. Such fees vary by building and are disclosed on the Property listing where known. The specific amount and payment instructions for any such building fee will be provided to Occupant in writing after booking is confirmed, prior to the building’s application deadline.
Article 4. Cancellation and Unavailability
4.1 Cancellation by Occupant
- 24-Hour Grace Period: Reservations made at least fourteen (14) days before the Check-in Date are fully refundable if cancelled within twenty-four (24) hours of booking.
- 30+ Days Before Check-In: Reservations cancelled thirty (30) or more days before Check-in are eligible for a full refund.
- Less Than 30 Days Before Check-In: If Occupant cancels within thirty (30) days of Check-in, one (1) night becomes non-refundable for each day that has passed since the 30-day point. For example, cancellation 29 days before Check-in results in a 1-night penalty; cancellation 15 days before Check-in results in a 15-night penalty. Cancellations must be made by 4:00 PM in the time zone of the Property. Any collected taxes will be refunded on a pro-rata basis for any refunded nights.
All applicable payment processing fees are non-refundable for cancellations.
4.2 Cancellation by Rove; Acceleration with Mitigation
- Cancellation not based on Occupant default. Rove will honor every confirmed reservation absent extenuating circumstances beyond Rove's reasonable control. Where Rove terminates this Agreement for any reason other than Occupant's breach or default, Rove will refund the prorated value of any unused days of the Rental Term and may, at Rove's option, offer a Substitute Residence under Section 4.3.
- Termination for Occupant default; acceleration. If Rove terminates this Agreement for Occupant's breach or default, no refund will be issued, and all unpaid Rent (whether already due or scheduled to come due during the remainder of the Rental Term) is accelerated and immediately due and payable to Owner upon demand.
- Mitigation offset. Owner and Rove will use commercially reasonable efforts to mitigate damages by re-renting the Property in accordance with NY Real Property Law § 227-e. Accelerated Rent recoverable from Occupant is reduced by Rent actually collected, or reasonably collectible with mitigation efforts, on re-rental during the unexpired Rental Term, net of reasonable re-rental costs. The duty to mitigate is non-waivable and controls over any contrary provision of this Agreement.
4.3 Substitute Residence and Refund
Where Rove cancels a reservation under Section 4.2 for reasons other than Occupant’s default, Rove will work in good faith to offer Occupant a Substitute Residence as defined below from available inventory, subject to inventory at the time of cancellation. Occupant retains the right, in all cases, to decline any offered Substitute Residence and to receive a full refund of all amounts paid. Where no comparable Substitute Residence is available, Rove will provide a full refund of all amounts paid.
A “Substitute Residence” means a residence offered by Rove that satisfies all of the following objective criteria: (i) located in the same borough as the original Property (e.g., Manhattan, Brooklyn, Queens); (ii) bedroom count within plus or minus one bedroom of the original Property; and (iii) total price within fifteen percent (15%) of the original Total Rent. Where Rove offers a Substitute Residence meeting these criteria, the Substitute Residence shall be deemed reasonably comparable for purposes of this Agreement.
4.4 Force Majeure
Rove and Owner shall not be responsible and shall have no liability for, and shall have no obligation to provide refunds in connection with, events outside their reasonable control, including without limitation: (a) environmental and other noise; (b) personal emergencies of Occupants; (c) flight delays or other travel-related issues; (d) inclement weather; (e) internet or cable connectivity problems; (f) any government-declared evacuations, controls, or shutdowns; (g) acts of God, fire, flood, earthquake, accident, storm, explosions, strike or labor dispute, unavailability of supplies or labor, holdovers, pandemics or public-health emergencies, acts of war, civil unrest, terrorism, or cyber attack; (h) failures of public utilities or third-party service providers; or (i) any other delay or failure caused by causes beyond Rove’s or Owner’s reasonable control. Nothing in this Section limits any non-waivable right of Occupant under the warranty of habitability or other applicable Law.
Article 5. Accidental Damage Waiver
5.1 Election
Where the Accidental Damage Waiver is available for the Property, Rove will offer it to Occupant as an option at the time of booking. The Accidental Damage Waiver is elective and is not required as a condition of this Agreement. Where Occupant has elected the Accidental Damage Waiver and the applicable fee has been paid as part of the booking, this Article 5 governs the scope of damage coverage.
5.2 Scope of Coverage
Subject to Section 5.3, the Accidental Damage Waiver covers unintentional, isolated damage to the Property or its furnishings occurring during the Rental Term and reported to Rove within twenty-four (24) hours of occurrence. Single, isolated incidents of accidental damage are presumed covered.
5.3 Excluded Conduct
The Accidental Damage Waiver does not cover, and Occupant remains liable for, damages resulting from any of the following:
• Intentional, reckless, or grossly negligent acts of any Occupant Party.
• Damages occurring in conjunction with documented violations of this Agreement, including but not limited to smoking violations, unauthorized parties or gatherings, and unauthorized pets.
• Multiple incidents of damage within a single Rental Term, or damage occurring alongside other indicators of misuse, which under the totality of conditions framework may be assessed as a pattern of misuse falling outside coverage.
• Theft of furnishings, fixtures, electronics, or other items belonging to Owner or Rove.
• Damage caused by unauthorized persons, including persons brought to the Property in violation of occupancy limits.
• Damage to the Property’s structure, building systems, or fixtures other than those occurring through ordinary residential use.
5.4 Causation Presumption
Occupant acknowledges that Occupant has exclusive possession and control of the Property during the Rental Term. Damage discovered at or after Occupant’s departure that was not present in Rove’s pre-arrival documentation is presumed to have been caused by Occupant Parties. Occupant may rebut this presumption with specific evidence showing the damage was caused by a third party with documented access to the Property during the Rental Term, by Rove or its agents, or by an act of nature or other force majeure event.
5.5 Property Condition Documentation
Rove will document the condition of the Property prior to Occupant’s arrival and following Occupant’s departure through photographs, videos, and inventories with timestamps and metadata. Such documentation, when timestamped and supported by metadata, establishes the condition of the Property at the times captured and constitutes prima facie evidence in any Damage Charge dispute. Occupant is welcome but not required to document the condition of the Property during the Rental Term and may share any concerns with Rove at any time. Rove will provide Occupant with copies of relevant pre-arrival and post-departure documentation in connection with any Damage Charge dispute upon request.
5.6 Disputes
If Occupant disputes Rove’s determination that damage falls within an exclusion under Section 5.3, Occupant shall provide written notice within five (5) days of receiving Rove’s determination. Rove (in coordination with Owner where applicable) shall provide a written response within five (5) days of receiving such notice, which may include the documentation described in Section 5.5 and a determination as to the disputed amount. Occupant’s failure to provide written notice within five (5) days may be deemed a waiver of the dispute absent good cause shown.
Article 6. Fees, Fines, and Liquidated Damages
6.1 Late Departure
Late departure without prior written approval from Rove may result in fees to recover Rove’s costs, including but not limited to additional cleaning labor, displaced incoming guests, and operational disruption. Late departure fees shall not exceed two (2) times the highest daily Rent (calculated as the highest monthly Rent Installment divided by 30) for each day or partial day of late departure, plus any third-party costs actually incurred by Rove or Owner. Holdover beyond the Check-out Time without approval is governed by Article 10.
6.2 Noise Violations
Occupants are expected to maintain reasonable noise levels at all times, particularly during quiet hours as defined by the building or local ordinance. The first verified noise complaint will result in a written warning. Each subsequent verified noise complaint or violation may result in a fee of up to one thousand dollars ($1,000) per occurrence, assessed in Rove’s reasonable discretion based on the nature, severity, and frequency of the violation, in addition to any building or HOA fines passed through under Section 6.5. Repeated or material violations may result in termination of this Agreement in accordance with Article 10.
6.3 Excessive Cleaning
The cleaning fee paid by Occupant covers standard departure cleaning appropriate to the size and condition of the Property. Where the condition of the Property upon departure requires cleaning beyond what is covered by the standard departure cleaning (including but not limited to removal of stains, smoke residue, pet damage, food waste, or excessive trash), Occupant shall pay an Additional Charge for the actual cost of the additional cleaning, which may be deducted from the Security Deposit or charged to the payment method on file under Section 3.6.
6.4 Replacement Costs
Occupant shall pay an Additional Charge for the replacement cost of any Property items lost, damaged beyond repair, or not returned, including but not limited to keys, key fobs, garage remotes, swipe cards, building access devices, and remote controls. Replacement costs shall be the actual cost to Owner, plus reasonable processing time.
6.5 Building and HOA Fine Pass-Through
Where the building, condominium, cooperative, homeowners’ association, or governmental authority issues a fine or citation arising from any act or omission of an Occupant Party, the fine or citation shall be passed through to Occupant as an Additional Charge, plus a fixed administrative processing fee not to exceed seventy-five dollars ($75) per occurrence to cover Rove’s actual processing cost.
6.6 Conduct Resulting in Property Removal or Building Action
If conduct of any Occupant Party results in (i) formal notice from the building, condominium, cooperative, or homeowners’ association requiring removal of Occupants from the Property, (ii) commencement of a formal eviction or removal proceeding by the building or governmental authority, or (iii) Owner’s loss of management or leasing rights with respect to the Property, Occupant shall be liable to Owner for the actual damages incurred, including without limitation lost revenue from the unit during the period of unrentability, attorneys’ fees and costs, and any settlement or fine paid by Owner. Removal of Occupant Parties from the Property shall be effected only through a summary proceeding under NY Real Property Actions and Proceedings Law Article 7 where required by Law.
6.7 Smoking, Vaping, and Cannabis
No smoking, vaping, or use of cannabis (in any form, including edibles where consumption causes lingering odor) is permitted anywhere on or about the Property, including balconies, patios, and common areas. Damage or cleaning attributable to smoking, vaping, or cannabis use shall be paid by Occupant as an Additional Charge equal to the actual cost of remediation, deodorization, and any building or HOA fines passed through under Section 6.5, plus a fixed administrative charge of two hundred fifty dollars ($250) to cover Rove’s processing and coordination costs. The parties agree that this fixed administrative charge represents a reasonable pre-estimate of harm given the operational disruption caused by such violations.
6.8 Pet Violations
Whether pets are permitted at the Property is stated on the Property’s listing on the booking channel through which the reservation was made (e.g., rovetravel.com, Airbnb, Vrbo, or other platform). Where that listing designates the Property as pet-friendly and Occupant has disclosed the pet during the booking process and paid the applicable Pet Fee, no additional written approval from Rove is required and the pet is authorized for the Rental Term. A per-pet fee applies to each pet brought to the Property; the Pet Fee amount is disclosed on the applicable listing and at booking. The Pet Fee covers ordinary pet-related cleaning (hair, odor, and general wear associated with a pet’s presence). Pet-caused damage, including but not limited to soiling or biological waste stains, other bodily discharge, scratches, chewing damage, or any remediation cleaning necessitated by such conditions, is not covered by the Pet Fee and shall be charged to Occupant as an Additional Charge. Where the applicable listing does not designate the Property as pet-friendly, pets are not permitted and bringing a pet to the Property is a material breach of this Agreement that may result in termination in accordance with Article 10.
6.9 Service Animals
Service animals as defined under the Americans with Disabilities Act and the New York City Human Rights Law are permitted at the Property and are not subject to the Pet Fee. Occupant is responsible for any damage caused by a service animal. Emotional support animals are not service animals under the ADA, but Occupant may request reasonable accommodation under applicable Law, which Rove will evaluate in good faith on a case-by-case basis.
Article 7. House Rules and Conduct
7.1 House Rules
Occupants shall comply with all House Rules and all Laws. If Occupant or any Occupant Party violates any House Rule or Law, Rove (on behalf of Owner) may issue a notice to cure. For non-emergency violations, Occupant shall have twenty-four (24) hours from delivery of the cure notice to remedy the violation. For emergency violations (including those that pose immediate risk to persons, property, or Owner’s relationship with the building), Rove may proceed to termination without a cure period. Continuing or repeated violations may result in termination of this Agreement and, where required by Law, a summary proceeding under RPAPL Article 7.
7.2 No Commercial Use
The Property is leased for residential occupancy only. Occupants shall not use the Property for any commercial purpose, including without limitation: (i) using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (ii) any pornographic or other filming or photography for commercial purposes; (iii) operating any business from the Property that produces foot traffic, deliveries, or noise beyond ordinary residential use; or (iv) any activity that violates the building’s certificate of occupancy or any local zoning law.
7.3 No Subletting or Assignment by Occupant
Occupant shall not assign any interest in this Agreement or sublet, license, or otherwise grant occupancy rights to any portion of the Property to any person who is not a listed Occupant. Occupant shall not list, advertise, or offer the Property on any short-term rental platform or other third-party booking platform during the Rental Term. Violation of this Section is a material breach and may result in immediate termination of this Agreement and forfeiture of the Security Deposit, with removal of any unauthorized occupants effected through legal process as required by Law. Notwithstanding the foregoing, nothing in this Section shall limit or waive any non-waivable right of Occupant under NY Real Property Law § 226-b (right to request to sublet) or NY Real Property Law § 235-f (right to additional occupants), each as applicable to the particular Rental Term and Property.
7.4 Cameras, Microphones, and Recording Devices
Occupant shall not install, attach, configure, or remove any camera, microphone, or recording device at the Property, including without limitation networked cameras (interior), audio recorders, video doorbells, or any device used to capture audio or video. The presence of any unauthorized camera, microphone, or recording device of any kind (including those used by Occupant Parties to record other Occupant Parties or to record the Property’s common areas, building staff, or neighbors) is a material breach of this Agreement and may result in immediate termination, forfeiture of the Security Deposit, and referral to law enforcement.
7.5 Reasonable Use and Approved Events
Reasonable residential use of the Property by the listed Occupants and their personal guests, within the listed Occupancy and the building’s rules, is permitted without prior approval. Any gathering that exceeds twelve (12) total persons at the Property at any time, that involves outside vendors or deliveries, that includes amplified music or sound, or that could reasonably be characterized as an event (formal or informal), requires prior written approval from Rove. Rove will evaluate such requests in good faith based on the size and characteristics of the Property, the building’s rules, and the nature of the proposed gathering. Approval, if granted, will be in writing and may be conditioned on additional security deposit, additional cleaning fees, end times, or other reasonable conditions. Approved gatherings, conducted within the conditions of approval, are exempt from the Unauthorized Parties provisions of Section 7.6.
7.6 Unauthorized Parties and Gatherings
Unauthorized parties or gatherings at the Property are prohibited. An “unauthorized party or gathering” means an event that (a) exceeds the listed Occupancy without prior written approval under Section 7.5, (b) generates noise or disturbance in violation of quiet hours or local ordinance, (c) results in any verified complaint from the building, neighbors, or governmental authority, or (d) involves the use of the Property in a manner inconsistent with residential occupancy (including charging admission, ticketed events, or commercial promotion).
Upon discovery of an unauthorized party or gathering, Rove (on behalf of Owner) may terminate this Agreement, and Occupant shall be liable to Owner and Rove for (i) liquidated damages in an amount equal to two (2) nights of the highest daily Rent (calculated as the highest monthly Rent Installment divided by 30), which the parties agree represents a reasonable pre-estimate of harm given the operational disruption and reputational risk associated with unauthorized gatherings, plus (ii) the actual cost of any cleaning, repair, building or HOA fines, lost revenue from cancelled or shortened future bookings, and reasonable attorneys’ fees. Termination of the Agreement does not authorize self-help eviction; where Occupant Parties do not voluntarily vacate, removal shall be effected through a summary proceeding under NY Real Property Actions and Proceedings Law Article 7. This Section 7.6 does not apply to authorized events approved under Section 7.5.
7.7 Firearms, Weapons, and Hazardous Materials
Firearms and other dangerous weapons are not permitted at the Property. A “dangerous weapon” means any weapon, device, instrument, material, or substance, animate or inanimate, used for or readily capable of causing death or serious bodily injury. Occupant shall not engage in any violent behavior at or about the Property. Occupant shall not bring or use any hazardous materials or flammable substances at the Property, other than charcoal or firewood used in designated outdoor fireplaces or grills. Fireworks of any kind are prohibited. Violation of this Section may result in immediate termination of this Agreement and referral to law enforcement, with removal effected as required by Law.
7.8 Commercial Recording and Photography
Occupant shall not record video or audio or take photographs at the Property for commercial purposes without prior written permission from Rove. Personal photos and videos of Occupant Parties for personal (non-commercial) use are permitted. Where unauthorized commercial recording or photography occurs, Occupant shall forfeit to Owner all proceeds, royalties, and revenue received from such use, and shall use commercially reasonable efforts to remove the recordings or photographs from public distribution.
7.9 Surveillance Disclosure
Owner or Rove may operate exterior video surveillance and noise-monitoring systems at the Property for security and to verify compliance with quiet hours and occupancy limits. Any noise-monitoring devices used by Owner or Rove measure ambient decibel levels only and do not record, transmit, or store audio. Interior cameras and audio recording inside private living areas are not permitted and are not in use. Occupants acknowledge that exterior areas of the Property may be under surveillance. Owner and Rove have no obligation to install, provide, or maintain any surveillance or monitoring system.
Article 8. Property Condition and Maintenance
8.1 Condition of Property
Occupant has not viewed the Property prior to entering into this Agreement. Occupant shall, on arrival, examine the Property, all furniture, furnishings, appliances, fixtures, and outdoor areas, and shall promptly report in writing any items not in operating condition or in disrepair. Reporting of repairs does not give Occupant the right to cancel this Agreement or receive a refund of any payments made, except as expressly provided in Section 8.3 and as required by the warranty of habitability under RPL § 235-b. The pre-arrival documentation described in Section 5.5 shall govern any disputes about the condition of the Property at the start of the Rental Term.
8.2 Maintenance and Repairs
Occupant shall properly use, operate, and safeguard the Property and its furniture, furnishings, appliances, and mechanical, electrical, gas, and plumbing fixtures, and keep them clean and sanitary. Occupant shall promptly notify Rove of any problem, malfunction, or damage. Occupant shall pay for all repairs or replacements necessitated by the acts or omissions of any Occupant Party, excluding ordinary wear and tear, and for any damage resulting from failure to report a problem in a timely manner.
Rove will use commercially reasonable efforts to respond to maintenance requests within forty-eight (48) hours of notice, subject to the availability of vendors and parts. Where a reported issue cannot be resolved through reasonable troubleshooting instructions provided by Rove, Rove will dispatch a qualified maintenance professional to investigate and address the issue as promptly as practicable.
Owner and Rove cannot guarantee against mechanical or other failure of heating, air conditioning, appliances, audio-visual equipment, utility systems, pools or spas, windows, internet, roofing, or similar items. Subject to Section 8.3 and the non-waivable warranty of habitability, no refunds or rent reductions will be made due to mechanical failures, malfunctions, interruptions, maintenance issues, or construction in the area.
8.3 Warranty of Habitability
The Property is subject to the implied warranty of habitability set forth in NY Real Property Law § 235-b, the terms of which cannot be modified or waived by this Agreement. If Occupant becomes aware of any condition affecting habitability, Occupant shall promptly notify Rove in writing and shall provide Rove and Owner with reasonable access to investigate and remediate the condition. Rove (on behalf of Owner) shall respond to notice of any such condition with the urgency reasonable under the circumstances.
For purposes of this Agreement, the mere presence of mold, mildew, moisture, humidity, allergens, or naturally occurring environmental microbial substances commonly found in residential properties shall not, by itself, constitute a condition rendering the Property uninhabitable or a breach of the warranty of habitability. If Occupant reports suspected mold or indoor air quality concerns, Rove and / or Owner shall have a reasonable opportunity to investigate the reported condition and, where appropriate, conduct inspection, testing, cleaning, maintenance, or remediation measures reasonably deemed appropriate under the circumstances, in compliance with NYC Local Law 55 of 2018 and other applicable Laws. Where testing or professional assessment by a qualified third party determines that any reported condition is localized, cosmetic, naturally occurring, or within generally accepted residential indoor air quality standards (including those published by the U.S. EPA or ASHRAE), or does not materially impair the lawful residential use of the Property, Occupant shall continue to perform Occupant’s obligations under this Agreement while Owner and Rove complete any further investigation or remediation reasonably required. Occupant acknowledges that ordinary residential living conditions, including cooking, showering, laundry, ventilation limitations, temperature fluctuations, and humidity, may contribute to condensation, mildew, or microbial growth if not reasonably managed through ordinary residential care and ventilation practices, and Occupant shall use reasonable efforts to ventilate the Property and report any persistent moisture conditions promptly. Nothing in this Section is intended to waive or limit any non-waivable rights or remedies available to Occupant under New York law, including NY Real Property Law § 235-b and NYC Administrative Code § 27-2017 et seq.
If, through no fault of any Occupant Party, the Property loses an essential service required for lawful residential occupancy (including heat, hot water, electricity, or functioning plumbing) for more than seventy-two (72) consecutive hours after Rove has received notice and a reasonable opportunity to cure, then, in addition to all remedies available to Occupant under RPL § 235-b and other applicable Law, Rent Installments shall abate on a daily basis in the proportion that the unusable portion of the Property bears to the whole, until the service is fully restored.
Nothing in this Agreement is intended to limit, waive, or modify any non-waivable remedy of Occupant under the warranty of habitability, including the right to repair-and-deduct, rent abatement, constructive eviction, or any other remedy available under applicable Law.
8.4 Casualty and Condemnation
If fire or other casualty renders the Property wholly uninhabitable, Rent Installments shall abate from the date of the casualty until the Property is restored. If restoration is not substantially completed within thirty (30) days, either party may terminate this Agreement on five (5) days’ written notice, in which case prepaid Rent Installments shall be refunded pro rata. Nothing in this Section is intended to limit any non-waivable right of Occupant under NY Real Property Law § 227 to surrender possession where the Property is rendered untenantable. If any governmental taking or condemnation materially impairs Occupant’s use of the Property, this Agreement shall terminate as of the date possession is required to be surrendered, and Rent Installments shall be apportioned to that date.
8.5 Air Conditioning and Heating
To prevent damage to the HVAC system, the air conditioning thermostat may not be lowered below sixty-eight (68) degrees Fahrenheit at any time. The heating thermostat may not be raised above seventy-eight (78) degrees Fahrenheit at any time, except where a higher setting is necessary for the Property to maintain the minimum indoor temperatures required by the NYC Heat Law (NYC Admin Code § 27-2029), in which case Occupant shall promptly notify Rove of any apparent heating deficiency so Rove can address the underlying building heating system. Occupant shall ensure HVAC systems are turned off when windows or doors are open and that thermostats are set to an energy-efficient temperature when no Occupant Party is at the Property.
8.6 Cleaning
The Property will be delivered to Occupant in a professionally cleaned condition. Upon termination of occupancy, Occupant shall deliver the Property in the same condition as delivered, less ordinary wear and tear. The cleaning fee paid by Occupant covers standard departure cleaning appropriate to the size of the Property. Where the condition of the Property upon departure requires cleaning beyond the standard departure scope, the excessive cleaning provisions of Section 6.3 apply. Where the Property requires Occupant to handle trash and recycling (including curbside placement, bin separation, or use of designated disposal areas), Occupant shall comply with all applicable building rules, municipal ordinances, and posted instructions for trash and recycling disposal. Any fine, citation, or penalty imposed by the building, municipality, hauler, or other authority as a result of Occupant’s failure to properly sort, bag, or place trash and recycling shall be passed through to Occupant as an Additional Charge under Section 6.5.
8.7 Alterations
Occupant shall not alter, modify, or add to the Property, its furnishings, or its systems without prior written authorization from Rove. Prohibited alterations include, without limitation: any application to walls, ceilings, floors, or fixtures (paint, wallpaper, murals, decals, adhesives, screws, nails, or fasteners); any modification or addition of locks, access devices, smart home devices, or network-connected equipment that persists after Occupant’s departure; any introduction, removal, repurposing, or replacement of Property furniture, furnishings, appliances, or art, including using non-bed furnishings (alone or in combination) as a sleeping surface, sleeping in rooms or areas not designated for sleeping in the Property’s listing or House Rules, or bringing in bedding, mattresses, or sleeping equipment to expand sleeping capacity beyond the listed Occupancy; and any antennas, signage, displays, or modifications visible to or affecting Owner, the building, or future occupants after Occupant’s departure.
Occupant is responsible for the actual cost of restoring the Property to its original condition for any unauthorized alteration, in addition to any other remedies available to Owner or Rove. Repeated or material violations of this Section may result in termination of this Agreement in accordance with Article 10.
8.8 No Hotel Services; Optional Cleaning
Rove provides no maid, housekeeping, linen change, room service, concierge, or other hotel-type service as part of the Rent. The cleaning service in Section 8.6 is a single end-of-tenancy cleaning included in the cleaning fee. Maintenance services under Section 8.2 are provided in Owner’s capacity as residential landlord.
Notwithstanding the foregoing, Occupant may elect, at Occupant’s option and expense, to purchase additional cleaning services or other discrete household services from Rove or a third-party vendor during the Rental Term. Any such elective service shall be requested separately, priced at then-current rates, charged as an Additional Charge, and provided pursuant to a separate service request. Such elective services are not bundled into Rent and shall not be construed as the provision of hotel-type service for purposes of Section 1.7 or applicable tax law.
Article 9. Access and Showings
9.1 Entry by Rove
Rove and its agents may enter the Property upon at least twenty-four (24) hours’ prior notice (or such shorter period as permitted by applicable Laws) for the purposes of making repairs, decorations, alterations, or improvements; performing maintenance or supplying agreed services; verifying compliance with this Agreement; conducting Owner inspections; or showing the Property under Section 9.2 or Section 9.3. Rove may enter without prior notice in the case of emergency. Rove will use commercially reasonable efforts to notify Occupants in advance of any non-emergency entry.
9.2 Showings During the Rental Term
Rove’s strong preference is to avoid showings while the Property is occupied. Where possible, Rove will rely on photographs, video tours, and virtual walkthroughs to market the Property to prospective future occupants. Rove may, however, conduct in-person showings of the Property to prospective future occupants during the Rental Term, subject to the following:
• (a) Rove will provide Occupant with a minimum of twenty-four (24) hours’ prior notice, with a target of forty-eight (48) to seventy-two (72) hours’ notice where practicable;
• (b) showings will be scheduled during business hours (Monday through Saturday, between 9:00 AM and 6:00 PM local time), provided that showings may also be scheduled on Sundays or off hours where elected by Occupant;
• (c) showings shall not exceed two (2) per calendar week without Occupant’s consent;
• (d) Occupant is welcome to be present at any showing but is not required to be. Where Occupant prefers not to be present, Rove will use commercially reasonable efforts to accommodate Occupant’s reasonable scheduling preferences, and showings may proceed in Occupant’s absence;
• (e) Rove will use commercially reasonable efforts to minimize disruption to Occupant; and
• (f) where the Property is listed for sale or for re-rental, Occupant agrees to keep the Property reasonably presentable for showings and to allow Rove and Rove’s broker(s) reasonable access via lockbox, smart lock, or key during the showing windows established under this Section, and to allow scheduled showings to proceed.
9.3 For-Sale Showings
Where the Property is listed for sale at the time Occupant books, the public listing puts Occupant on notice that for-sale showings may occur during the Rental Term. Where the Property comes to be listed for sale during the Rental Term (a circumstance Rove cannot always anticipate or control), Rove and Owner will work in good faith with Occupant to coordinate showings consistent with the notice and reasonableness requirements set forth in Section 9.2. Where a proposed showing time is not workable for Occupant, Rove and Owner will work in good faith with Occupant to find an alternative time before proceeding. Occupant acknowledges that the for-sale status of the Property is subject to change at Owner’s discretion.
9.4 Quiet Enjoyment
Subject to the access and showing rights set forth in this Article 9, and provided Occupant is not in default under this Agreement, Occupant shall have the right to quiet enjoyment and peaceful possession of the Property during the Rental Term.
Article 10. Surrender, Termination, and Default
10.1 Holding Over
Occupant shall not hold over or remain in possession of the Property after the Check-out Time on the Check-out Date without Rove’s prior written approval. Any unauthorized holding over shall be subject to a charge of two (2) times the highest daily Rent (calculated as the highest monthly Rent Installment divided by 30) for each day or partial day of the holdover, plus all additional damages incurred, including without limitation lost revenue from cancelled bookings, the cost of alternative housing for displaced future occupants, and legal fees and expenses incurred by Rove and / or Owner. Where Occupant does not voluntarily vacate, removal shall be effected through a summary holdover proceeding under NY Real Property Actions and Proceedings Law Article 7.
10.2 Surrender of Property
Upon termination of occupancy, Occupant shall: (i) return to Rove or its agents all keys, fobs, and access devices to the Property and any common areas; (ii) vacate the Property and surrender it empty of all persons and personal property; (iii) vacate any parking and storage spaces; and (iv) deliver the Property in the same condition as received, less ordinary wear and tear, in advance of the post-departure cleaning.
10.3 Surrender and Abandonment
If Occupant vacates the Property prior to the Check-out Date without notice to Rove, and (a) Rent due remains unpaid, (b) personal property has been removed in a manner suggesting permanent departure, or (c) Rove’s reasonable inquiry confirms Occupant’s intent not to return, Rove may treat the Property as surrendered and abandoned in accordance with applicable Law. In such case, and subject to compliance with applicable Law, Rove may re-enter the Property, take possession, and re-rent the Property in mitigation of damages under Section 4.2 without thereby being deemed to have terminated this Agreement or to have accepted surrender, and without waiver of any of Owner’s or Rove’s rights or remedies. Any personal property remaining at the Property shall be handled in accordance with applicable New York Law.
10.4 Default; Termination; Eviction
Should Occupant be in breach or default under any term of this Agreement, Rove (on behalf of Owner) may terminate this Agreement upon written notice (subject to any cure period required by this Agreement or by applicable Law), and no refund shall be issued of monies paid. Termination of this Agreement does not authorize self-help eviction. Where Occupant Parties do not voluntarily vacate the Property following termination, removal shall be effected solely through a summary proceeding under NY Real Property Actions and Proceedings Law Article 7, including any predicate-notice requirements imposed by RPAPL §§ 711, 735, and other applicable Laws.
10.5 End of Term; No Automatic Renewal
This Agreement terminates at the Check-out Time on the Check-out Date. There is no automatic renewal. Any continued occupancy of the Property after the Check-out Date requires Rove’s prior written consent and shall constitute a new month-to-month tenancy only if expressly memorialized in a written agreement signed by Rove (on behalf of Owner) at a Rent set in such writing. Absent such written agreement, any continued occupancy is a holdover governed by Section 10.1. The parties acknowledge that termination of a month-to-month tenancy (if any is created) is subject to the notice requirements of NY Real Property Law § 226-c.
Article 11. General Provisions
11.1 Renter’s Insurance
Occupant is required to obtain and maintain a renter’s insurance policy throughout the Rental Term with minimum coverage of three hundred thousand dollars ($300,000) in personal liability and twenty-five thousand dollars ($25,000) in personal property coverage. Rove does not require proof of insurance. Whether or not Occupant elects to carry renter’s insurance, Occupant remains fully liable for all obligations under this Agreement, including any Occupant-Caused Damages, personal property losses, and indemnification obligations set forth in Section 11.2.
11.2 Personal Property; Indemnification
The personal property of any Occupant Party (including vehicles) is not insured by Owner or Rove against loss or damage from any cause. Owner and Rove do not insure against personal injury to any Occupant Party except where such injury results from Owner’s or Rove’s gross negligence or intentional misconduct.
Occupant agrees to defend, indemnify, and hold harmless the Indemnitees against and from all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from any death, injury, damage, or other occurrence at the Property, except where such loss is the legal result of the gross negligence or willful misconduct of Owner, Rove, or their respective agents and employees. Occupant on behalf of all Occupant Parties waives any such claims against the Indemnitees. This Section 11.2 and all indemnification obligations under this Agreement survive expiration or termination of this Agreement until satisfied.
11.3 Choice of Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any litigation arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in New York County, New York, and the parties consent to the personal jurisdiction of such courts. Summary proceedings under RPAPL Article 7 shall be brought in the appropriate Housing Court.
11.4 Attorney’s Fees
In any action or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs in conformity with NY Real Property Law § 234 (reciprocal attorneys’ fees in residential leases).
11.5 Mediation
The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement through informal discussion. If informal discussion does not resolve the dispute within thirty (30) days, the parties shall submit the dispute to mediation through a mutually selected mediator before initiating any litigation. The mediation requirement does not apply to the matters set forth in Section 11.6, to any summary proceeding under RPAPL Article 7, or to any matter where mediation is precluded by applicable Law or where Occupant seeks to enforce a non-waivable statutory remedy.
11.6 Injunctive Relief Carve-Out
Notwithstanding the mediation requirement of Section 11.5, the landlord (Owner, or Rove acting on Owner’s behalf) may seek injunctive relief or other equitable relief in court without first mediating in connection with any of the following: eviction or summary proceeding for possession; emergency property damage or risk to persons; ongoing material breach of this Agreement; or violation of confidentiality, intellectual property, or surveillance prohibitions.
11.7 Class Action Waiver
Any court action or proceeding (whether before a judge or jury or pursuant to judicial reference) arising out of any dispute or claim between the parties shall take place on an individual basis without resort to any form of class or representative action (the “Class Action Waiver”). The Class Action Waiver precludes any party from participating in or being represented in any class or representative action regarding a claim or dispute. The validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. The parties acknowledge that the Class Action Waiver is material and essential to resolution of any disputes between them.
11.8 Notices
All notices, demands, or communications under this Agreement shall be in writing and may be delivered by email, SMS text message (where Occupant has consented to electronic communications), or other electronic means to the contact information provided at signing, except where statute requires a different method of service. Electronic notice is deemed delivered upon sending to a valid address or number without bounce or non-delivery error. Statutory predicate notices, including those required under NY Real Property Actions and Proceedings Law Article 7, shall be served in accordance with RPAPL § 735 and other applicable statutory requirements regardless of any electronic notice provision in this Agreement.
11.9 Severability and Entire Agreement
This Agreement constitutes the entire agreement between the parties. It is intended as a final expression of the parties’ agreement and may not be contradicted by evidence of any prior or contemporaneous oral agreement. Any provision of this Agreement held to be invalid, illegal, or unenforceable by a court of competent jurisdiction shall be replaced with a valid, legal, and enforceable provision that most closely accomplishes the original economic effect, and the remainder of this Agreement shall remain in full force and effect. The waiver of any breach by Owner or Rove shall not be construed as a continuing waiver of the same or any subsequent breach. Time is of the essence.
11.10 Modification of Lease
Any modification to this Agreement is subject to approval by Rove. Rove reserves the right to accept or decline any modification request at its sole discretion, and modifications may be subject to rate changes, penalties, or fees as determined by Rove. Notwithstanding anything in this Agreement to the contrary, Rove has no authority to modify, change, or agree to modify or change any of the terms of this Agreement without the express prior written consent of Owner. Any purported modification or change of this Agreement, or any agreement to modify or change this Agreement, shall be void and of no force or effect unless consented to and agreed to in a written document signed and delivered by Owner.
11.11 Counterparts and Electronic Signatures
This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one agreement. Facsimile, electronic, and digital signatures shall have the same legal force and effect as original wet signatures.
11.12 Subordination, Non-Disturbance, and Attornment
This Agreement and Occupant’s rights under it are subject and subordinate to any present or future mortgage, deed of trust, ground lease, or similar encumbrance affecting the Property. Upon request of Owner or any holder of such an encumbrance, Occupant agrees to execute commercially reasonable subordination, non-disturbance, and attornment documents (“SNDA”) in favor of any such mortgagee or successor in interest.
11.13 Assignments by Rove and Owner
Rove may assign this Agreement to any successor entity, whether by merger, acquisition, or transfer. Owner may transfer the Property and assign Owner’s interest in this Agreement to any successor in interest. In either case, Occupant shall continue to perform all obligations under this Agreement to the assignee or successor.
11.14 Limitation of Damages
In no event shall Owner, Rove, or any of the Indemnitees be liable for lost profits, special damages, punitive damages, or consequential damages under this Agreement; provided, however, that nothing in this Section shall limit, waive, or modify any non-waivable statutory remedy of Occupant under New York Law, including without limitation the warranty of habitability under RPL § 235-b, the duty to mitigate under RPL § 227-e, or the right to a refund of any portion of the Security Deposit improperly retained under RPL § 7-108.
Article 12. Certain Rights of Owner
Owner is the legal landlord under this Agreement. Rove acts solely as Owner’s authorized agent. The provisions of this Article 12 govern the relationship between Owner, Rove, and Occupant in matters where Owner’s interests are affected.
12.1 Owner’s Direct Rights and Remedies
Owner has all rights, remedies, and defenses that Rove has or could have under this Agreement or under applicable Laws. Owner shall have the right at any time to enforce against Occupant or any Occupant Party all such rights, remedies, defenses, and any provision of this Agreement, without the consent or joinder of Rove. Rove shall not be a necessary party in any action, proceeding, or counterclaim brought by Owner against Occupant or any Occupant Party.
12.2 Side Agreements Not Binding on Owner
Any agreement or contract between Rove and Occupant or any Occupant Party other than this Agreement (including without limitation any agreement to relocate Occupant to a property other than the Property) shall not be binding on or enforceable against Owner, and shall not modify, change, terminate, or otherwise affect this Agreement, unless and only to the extent agreed to by a written document signed and delivered by Owner.
12.3 Modifications and Cancellations Require Owner Approval
Any modification, cancellation, or termination of this Agreement by or between any of the parties, and any waiver in whole or part of any provision of this Agreement by Rove, shall not be valid, effective, or enforceable against Owner, and shall be void unless approved in a writing signed by Owner.
12.4 Owner Benefits from Rove’s Liability Limitations
Any provision of this Agreement that limits, reduces, or eliminates any responsibility, obligation, or liability of Rove to Occupant or any other party with respect to any matter, occurrence, or thing shall apply with equal force and effect to, and shall inure to the benefit of, Owner and Owner’s agents, members, managers, employees, officers, and trustees.
12.5 Effect of Termination of Rove as Owner’s Agent
If at any time Occupant receives notice from Owner or Owner’s attorneys advising Occupant that Rove has been terminated as agent for Owner (whether the termination has already occurred or will occur as of a future date set forth in the notice), then effective from and after the date of such notice (or the future effective date specified in the notice):
(a) Occupant will pay directly to Owner (or as Owner directs in such notice) all Rents and other sums and charges then due and thereafter becoming due under this Agreement, and will no longer pay any such amounts to Rove;
(b) Rove shall no longer have any rights or remedies under this Agreement, and all rights and remedies of Rove under this Agreement shall inure to the benefit exclusively of Owner and its successors and assigns;
(c) Only Owner and its successors and assigns shall have the right to enforce the rights and remedies of Rove under or relating to this Agreement; and
(d) Occupant will not follow or comply with any notices, directions, instructions, or demands given by Rove unless the same are specifically and expressly approved by written or emailed notice given by Owner’s attorneys to Occupant.
This Section 12.5 establishes the lease continuity and direct-pay framework that protects Occupant’s tenancy where Rove’s management relationship with Owner ends during the Rental Term.
Article 13. Statutory Disclosures and Status Representations
The following statutory disclosures and representations are integrated into this Agreement. Additional statutory disclosures requiring separate signatures or property-specific information are attached as Riders following the signature pages.
13.1 Smoke and Carbon Monoxide Detector Disclosure
The Property is equipped with smoke detector and carbon monoxide detector devices in accordance with applicable New York City requirements. Occupant acknowledges that the devices were operational at the time of move-in. Occupant agrees to test the devices monthly during the Rental Term and to notify Rove promptly if any device is not functioning. Occupant shall not disable, remove, or tamper with any smoke or carbon monoxide detector.
13.2 Sprinkler System Disclosure
Pursuant to NY Real Property Law § 231-a, the Property either does or does not contain a maintained and operative automatic sprinkler system, as indicated below. “Maintained” means an automatic sprinkler system that has been certified as compliant with applicable building, fire, and safety codes.
13.3 Stove Knob Cover Disclosure
In accordance with NYC Administrative Code § 27-2046.4, the Property has stove knob covers available upon Occupant’s request where a child under the age of six (6) resides or routinely spends ten (10) or more hours per week in the Property. Occupant should notify Rove if stove knob covers are required.
13.4 Fair Housing
Owner and Rove comply with all applicable fair housing laws, including the federal Fair Housing Act, the New York State Human Rights Law, and the New York City Human Rights Law. Discrimination on the basis of race, color, religion, national origin, sex, gender identity, sexual orientation, familial status, disability, source of income, age, or any other protected characteristic is prohibited.
13.5 Tenant Rights Notice
Occupant has rights under New York State and New York City law as a residential tenant. Information about tenant rights is available from the New York State Division of Housing and Community Renewal (https://hcr.ny.gov) and the New York City Department of Housing Preservation and Development (https://www.nyc.gov/hpd). HPD’s tenant resources, including the “ABCs of Housing” guide and information on how to file a complaint about housing conditions, are available at https://www.nyc.gov/hpd or by calling 311. Nothing in this Agreement is intended to waive any non-waivable tenant right under applicable Law.
13.6 Non-Stabilized Status
Owner represents to Occupant that the Property is not subject to rent stabilization under the New York City Rent Stabilization Law or rent control under the New York State Rent Control Law.
13.7 Short-Term Rental Registration
The Property is not registered or operated as a short-term rental under New York City Local Law 18 of 2022 during the Rental Term. This Agreement is a residential lease for a term of thirty (30) consecutive nights or more, which is outside the scope of the registration and booking-service requirements of Local Law 18 (which apply to rentals of fewer than 30 consecutive days).
13.8 Multiple Dwelling Law Compliance
The Property is a Class A multiple dwelling unit within the meaning of NY Multiple Dwelling Law § 4(8)(a), lawfully used for permanent residence purposes. Permanent residence purposes are defined in the Multiple Dwelling Law to include occupancy by the same person or family for thirty (30) consecutive days or more, which encompasses the Rental Term contemplated by this Agreement.
Article 14. Acknowledgment and Signatures
14.1 Acknowledgment
I (we), the undersigned, hereby apply for the above-listed accommodation and warrant and agree that I (we): (a) am at least twenty-one (21) years of age (the minimum age threshold reflects Rove’s insurance and risk-management requirements for residential lessees); (b) have read, understand, and agree to all of the terms and conditions of this Agreement; (c) will occupy the Property solely in accordance with this Agreement, for residential occupancy; and (d) will abide by all Laws and any restrictions on use of the Property. I (we) acknowledge that a breach of any of these terms may result in termination of this Agreement, and where applicable removal through a summary proceeding under RPAPL Article 7. I (we) further understand and represent that I (we) am (are) executing this Agreement on behalf of all parties named on the list of Occupant Parties.
14.2 Payment Authorization
The method of payment or credit card supplied at the time of execution will be held for backup security purposes. Unpaid Rent (including Rent Installments coming due during the Rental Term), fines and citations, excessive cleaning, Occupant-Caused Damages, lost keys or fobs, lockouts, charges for additional services requested (including elective cleaning services under Section 8.8), and any Additional Charges may be charged to the credit card or payment method on file. By signing below, Occupant authorizes Rove (on behalf of Owner) to charge the supplied credit card or payment method in the following circumstances: (1) at the time of execution, the first month’s Rent plus the Security Deposit (if any), with subsequent Rent Installments charged on the schedule set forth in Section 1.4; (2) for any cancellation pursuant to Article 4; and (3) for any Additional Charges incurred under this Agreement.
By signing below, I agree that this is a legally binding document and I have read and agree to all terms and conditions in this document.
Occupant Name: Email:Phone:Additional Occupants:
Rove Noise, Occupancy, and Parking Guidelines
LEASE/COMMENCEMENT OF OCCUPANCY NOTICE FOR PREVENTION OF LEAD BASED PAINT HAZARDS—INQUIRY REGARDING CHILD
You are required by law to inform the owner if a child under six years of age resides or will reside in the dwelling or dwelling unit (dwelling/unit) for which you are signing this lease/commencing occupancy. Beginning January 1, 2020, the term “resides” means that a child under six routinely spends 10 or more hours per week in the dwelling/unit. If such a child resides or will reside in the dwelling/unit, the owner of the building is required to perform an annual visual inspection of the dwelling/unit to determine the presence of lead-based paint hazards. IT IS IMPORTANT THAT YOU RETURN THIS FORM TO THE OWNER OR MANAGING AGENT OF YOUR BUILDING TO PROTECT THE HEALTH OF YOUR CHILD. If you do not respond to this notice, the owner is required to attempt to inspect your dwelling/unit to determine if a child under six years of age resides there.
If a child under six years of age does not reside in the dwelling/unit now, but does come to reside in it at any time during the year, you must inform the owner in writing immediately. If a child under six years of age resides in the dwelling/unit, you should also inform the owner immediately if you notice any peeling paint or deteriorated subsurfaces in the dwelling/unit during the year.
Whether or not a child under age six will reside in the dwelling/unit apartment, the owner of the building is also required to fix all lead-based paint hazards and underlying defects that may cause paint to peel, make floors, window sills and window wells smooth and cleanable, remove or cover all lead-based paint on friction surfaces of doors and door frames, and remove or cover all lead-based paint on friction surfaces of windows or install window channels or slides. This work should be performed before you move into the dwelling/unit, and the owner must properly clean the dwelling/unit after the work is completed.
Please complete this form and return one copy to the owner or his or her agent or representative when you sign the lease/commence occupancy of the dwelling/unit. Keep one copy of this form for your records. You should also receive a copy of a pamphlet developed by the New York City Department of Health explaining about lead-based paint hazards when you sign your lease/commence occupancy.
A child under six years of age resides in the dwelling or dwelling unit
A child under six years of age does not reside in the dwelling or dwelling unit
Occupant Name/Signature:
Date:
Print occupant’s name, address and apartment number:
{{Guest Name}}, {{Property Address}}
(NOT APPLICABLE TO RENEWAL LEASE) Certification by owner: I certify that I have complied with the provisions of §27-2056.8 of Article 14 of the Housing Maintenance Code and the rules promulgated thereunder relating to duties to be performed in vacant units, and that I have provided a copy of the New York City Department of Health and Mental Hygiene pamphlet concerning lead-based paint hazards to the occupant.
Owner signature: _______________________________________
OCCUPANT: KEEP ONE COPY FOR YOUR RECORDS OWNER COPY/OCCUPANT COPY
DBB-N (DHCR 10/10)
Pursuant to the NYC Housing Maintenance Code, an owner/managing agent of residential rental property shall furnish to each tenant signing a vacancy lease a notice that sets forth the property’s bedbug infestation history.
BEDBUG INFESTATION HISTORY
(Only boxes checked apply)
X There is no history of any bedbug infestation within the past year in the building or in any apartment.
☐ During the past year the building had a bedbug infestation history that has been the subject of eradication measures. The location of the infestation was on the ____________ floor(s).
☐ During the past year the building had a bedbug infestation history on the ____________ floor(s) and it has not been the subject of eradication measures.
☐ During the past year the apartment had a bedbug infestation history and eradication measures were employed.
☐ During the past year the apartment had a bedbug infestation history and eradication measures were not employed.
☐ Other: ________________________________________________________________________________
Signature of Occupant(s):
Date:
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Updated: 7/9/2026