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327--Blumberg's Lease of Apartment (Revised)

JULIUS BLUMBERG, INC., LAW BLANK PUBLISHERS
71 BROADWAY AND 1 RECTOR ST., NEW YORK

This Agreement, made the 8th day of July 1954 
Between Ester Rodriguez as Landlord, and 
James Baldwin as Tenant;
WITNESSETH, that the Landlord hereby LEASES to the Tenant, Apartment No. 6 on the 3rd. floor front of the premises known as No. 63 W. 97th St. in the City of N.Y., for the term of 6 months unless sooner terminated as hereinafter provided, to commence July 9, 1954 and to end Jan 8, 1955, to be occupied as a strictly private dwelling apartment by said Tenant and the Tenant's immediate family only and not otherwise. And the said Tenant hereby covenants and agrees to pay unto the said Landlord, the TOTAL RENT OF $[[strikethrough]]900.00[[/strikethrough]] 450.00 in equal monthly ^[[of]] payments of $75.00 each, in advance, on the first day of each and every month during said term.
The Tenant shall pay the said rent at the time and in the manner above provided without demand therefor.
This lease is given and accepted upon the express understanding that in the event of the breach of any condition or covenant herein, or if the Landlord or the Landlord's Agents or assigns shall hereafter deem the tenancy an undesirable one, the Landlord or the Landlord's Agents or assigns may terminate the lease by giving to the Tenant five days written notice of an intention to terminate the same, and the term of this lease shall in that event run to, and expire upon the date therein mentioned, and any rent paid by the Tenant, in advance, for a period extending beyond the said date of termination, shall and may be retained by the Landlord in liquidation of damages and not by the way or forfeiture, but nothing herein contained shall be deemed a waiver by the Landlord of any claim for damages for injury to the property prior to the said date of termination.

THE SAID PREMISES ARE ALSO LEASED UPON THE FURTHER COVENANTS AND CONDITIONS :
1. The Tenant shall take good care of the apartment and fixtures therein and shall at the Tenant's own cost and expense make, when needed, all repairs, replacements and decorations therein and thereto, whenever damage or injury to the same shall have resulted from misuse, or neglect by the Tenant, Tenant's family, employees, or visitors. The Tenant shall not drill into, drive nails, install new locks or change apartment entrance lock or deface in any manner any part of the building, or permit the same to be done, and at the end or other expiration of the term, shall deliver up the demised premises in good order and condition. The Tenant shall indemnify and save harmless the Landlord for and against any liability or any injury to person or property resulting from any negligence or improper conduct on the part of the Tenant, the Tenant's family, employees or visitors. The Landlord is exempt from any and all liability for any damage or injury to persons or property caused by or resulting from steam, electricity, gas, water, rain, ice or snow, or any leak or flow from or into any part of said building, or from any damage or injury resulting or arising from any other cause or happening whatsoever unless said damage or injury be caused by or be due to the negligence of the Landlord.
2. That any and all shelves, locks, plumbing fixtures, or any other improvements that the Tenant may place or cause to be placed in the said apartment shall immediately become a part of the house and the property of the Landlord.
3. That the Tenant shall not expose any sign, advertisement, illumination or projection in or out of the windows or exterior, or from the said building or upon it in any place, except such as shall be approved and permitted in writing by the Landlord or the Landlord's authorized agent and the said Tenant shall use only such shades in front windows of said apartment a are put up or approved by the Landlord or Landlord's authorized agent, nor shall the said Tenant keep or maintain in or about said premises, or permit any other person to keep or maintain therein, any dogs or other domestic or wild animals without the written consent of the Landlord.
4. That the Tenant, and the Tenant's heirs, executors or administrators shall not assign this agreement, or underlet the premises, or any part thereof, or make any alterations in the apartments or premises without the Landlord's or Landlord's authorized agent's consent in writing, or to permit or suffer upon the same, any act or thing deemed extra hazardous on account of fire; and shall comply with all the rules and regulations of the Board of Health and City Ordinances applicable to said premises; and that the Tenant will not use or permit the said premises or any part thereof to be used for any purpose other than above mentioned.
5. That the Tenant shall, in case of fire, give immediate notice thereof to Landlord who shall thereupon cause the damage to be repaired as soon as reasonably convenient; but if the building or demised premises be so damaged by fire or otherwise as to require rebuilding, the term shall, at the option of Landlord cease, and in case it so ceases, the rent shall be paid only up to the time of the fire, unless such damage be caused by the negligence or improper conduct of the Tenant, or Tenant's family or servants.
6. That the Tenant shall conform to al rules and regulations printed hereon or hereafter adopted for the protection of the building or the safety and comfort of all the tenants; said rules and regulations are hereby made a part of this lease.
7. That in case of default of rent or of any of the covenants or if the premises become vacant, the Landlord or Landlord's agents may re-enter the premises with or without the means of summary proceedings or any other method prescribed by law, with or without notice of any intention to dos so and resume possession without being liable to the Tenant for any damage therefor and relet the premises in the name of the Landlord or as agent of the Tenant and may grant any concession or reduction it deems advisable to relet said premises without in any manner affecting the obligation of the Tenant to pay the rent herein covenanted to be paid, and the Landlord may without notice repair, decorate or alter the demised premises in such manner as to the Landlord may seem necessary or advisable, and out of any rent so collected or received the Landlord shall first pay to itself the expense and cost of retaking, repossessing, repairing, decorating and / or altering the said demised premises, and the expense of removing all persons and property therefrom and pay to itself any balance remaining on account of the liability of the Tenant to the Landlord for the sum equal to the rent reserved herein and unpaid by the Tenant for the remainder of the herein demised term. Should any rent so collected by the Landlord after the payments aforesaid be insufficient to fully pay to the Landlord the sum equal to the rent stipulated for herein, the balance shall be paid by the Tenant on the rent days as above specified; that is, upon each such rent days, the Tenant shall ay to the Landlord the amount of the deficiency then existing; and the Tenant hereby agrees to remain liable for any such deficiency and the right of the Landlord to recover from the Tenant the amount thereof or a sum equal to the amount of rent herein reserved, if there shall be no reletting, shall survive the issuance of any warrant of dispossess or other termination of this lease. That suit or suits for the recovery of such deficiency or damages for a sum equal to any installment or installments of rent fixed hereunder, may be brought by the Landlord from time to time at the Landlord's election and nothing herein contained shall be deemed to require the Landlord to await the date whereon this indenture, or the term hereof would have expired by limitation, had there been no such default by the Tenant or no such termination. The Landlord reserves the right to rent the premises for a longer period of time than fixed in the original lease without releasing the original Tenant from any liability. The Tenant who has once vacated, may not reenter without the consent of the Landlord; and no act or thing done by the Landlord or the Landlord's agents during the term hereby granted, shall be deemed an acceptance of a surrender of said premises and no agreement to accept a surrender of said premises shall be valid, unless the same be made in writing and personally subscribed by the Landlord. The Tenant waives all rights to redeem under Section 1437 of the Civil Practice Act; and it is expressly agreed by and between the parties herein that in the event of a dispute arising between the parties hereto, whether concerning this lease or otherwise, which said dispute shall result in action at law between the parties herein, or a legal proceeding by one party against the other, and whether the form of the claim advanced is either in the nature of a complaint or a counterclaim in an action or proceeding between the parties, the Tenant agrees to and hereby does waive any rights he may have to a trial by jury, and agrees that the matter in dispute be settled and decided by the Court alone. The Tenant hereby agrees that in the event the Landlord commences any action or Summary Proceedings for the non-payment of rent or additional rent under the terms of this lease no set-off or counterclaim whatsoever of any nature will be interposed by or on behalf of the Tenant in any such action or Summary Proceedings.
8. That during one (1) months prior to the expiration of the term herein granted, applicants shall be admitted whether or not the Tenant is personally present (between the hours of 10 a.m. and 5 p.m. daily) to view the premises until rented; and the Landlord or the Landlord's agents shall also be permitted at any time during the term to visit and examine them at any reasonable hour of the day, and workmen may enter at any time when authorized by the Landlord or the Landlord's agents to make or facilitate repairs in any part of the building; and if the said Tenant shall not be personally present to open or permit an entry into said premises, at any time, when for any reason an entry therein shall be in the judgment of the Landlord or Landlord's agent necessary or permissible hereunder, for the protection of the building or property therein, or to view the premises until rented or to make such repairs, the Landlord or the Landlord's agents may forcibly enter the same without rendering the Landlord liable to any claim or cause of action for damages by reason thereof, and without in any manner affecting the obligations and covenants of this lease; it is however, expressly understood that the right and authority hereby reserved does not impose, nor does the Landlord assume, by reason hereof, any responsibility or liability whatsoever for the care or supervision of said premises, or any of the pipes, fixtures, appliances or appurtenances therein contained or therewith in any manner connected.
9. That the store-rooms are provided by the Landlord to accommodate Tenants in the storage of trunks, bicycles, or other articles subject to the rules and regulations of the building, with the express understanding that the rooms are furnished gratuitously by the Landlord and the Tenant using the same for any purpose does so at the Tenant's own risk, and upon the express stipulation and agreement that the Landlord shall not be liable for any loss of property therein, or for any damage or injury whatever.
10. That the Landlord will furnish without additional charge, hot and cold water; heat during winter months only. In case Landlord shall deem it necessary or proper at any time, from accident or for improving the condition or operation of the heating apparatus, plumbing, boilers, machinery, or anything appertaining thereto, to omit the operation of said heating apparatus or other service, until all repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do the same without in any manner or respect affecting or modifying the obligations or covenants of said Tenant herein contained, or rendering the Landlord liable for any damages or offset by reason thereof. Neither electricity, Gas or Telephone services is included in the aforesaid rental, but shall be paid for separately by the Tenant.
11. That this lease shall be extended and renewed by and against the parties hereto for the further term of one year from the expiration of the term granted hereby, at the same rate of rental without any reduction, deduction or concession whatsoever, whether the same is pro-rated monthly or otherwise and upon all the above terms, conditions and covenants, unless either party on or before the first day of ____ next preceding of any term granted hereby, shall give notice to the other of an intention to surrender or have possession of the premises, as the case may be. Notice must be given by sending the same by U.S. Registered Mail. This clause shall continue operative with respect to any renewals or extensions hereof.