Welcome to Loft ("Loft," "we," "us," or "our"). Loft is a video-first rental listing marketplace that connects renters with property owners, licensed real estate brokers, and tenants seeking to sublet or find roommates. By accessing or using tryloft.city or our mobile application (collectively, the "Platform"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Platform.
1. The Platform Is a Marketplace, Not a Broker
Loft is a technology platform that provides a marketplace for rental listings. Loft is not a licensed real estate broker or agent, does not represent any party in a rental transaction, and does not provide real estate, legal, or financial advice. All transactions are between users. You are solely responsible for your own compliance with applicable law.
2. Eligibility
You must be at least 18 years old to use the Platform. By using the Platform you represent that you meet this requirement and that all information you provide is accurate and current.
3. Lister Accounts — Authorization to List
By submitting a listing, you represent and warrant that:
- You are the property owner, a licensed real estate broker or salesperson authorized to list the property, or a tenant who has obtained all required approvals (including landlord consent) to sublet, seek roommates, or transfer your lease;
- All information in your listing is accurate, current, and not misleading;
- The listing does not violate any applicable law, regulation, lease agreement, or third-party right;
- You will promptly remove or update any listing that becomes inaccurate or unavailable.
Loft does not independently verify listing accuracy and is not responsible for errors or omissions in listings.
4. Broker and Agent Requirements — FARE Act Compliance
Real estate brokers and agents using the Platform must hold a valid New York State real estate license issued by the New York Department of State. By listing on Loft as a broker or agent, you represent that your license is current and in good standing.
Important — FARE Act (NYC Local Law 38 of 2024): Brokers may not charge rental fees to tenants unless the tenant independently retained the broker. You may not use the Platform to charge, collect, or arrange any fee — including fees labeled as "application fees," "processing fees," "administrative fees," or similar — from prospective renters where the broker was retained by the landlord or owner. Violation of the FARE Act may result in immediate removal from the Platform and referral to applicable authorities.
5. Tenant Subletting, Roommate, and Lease Takeover Listings
Tenants who list their unit for subletting, seeking roommates, or lease takeovers represent that their listing complies with all applicable laws, including:
- Subletting (NY RPL §226-b): Tenants in market-rate apartments must obtain written landlord consent before subletting. Tenants in rent-stabilized or rent-controlled units must follow DHCR subletting procedures, which include additional approval requirements and limits on sublet rent.
- Roommates (NY RPL §235-f): New York law grants tenants the right to have one roommate (plus that roommate's dependent children) without landlord consent, regardless of lease terms, provided the unit is not over-occupied. Tenants should review §235-f and consult applicable law before listing.
- Short-term rentals (NYC Local Law 18): If you list your unit for short-term rentals (stays under 30 consecutive days), you must hold a valid NYC Short-Term Rental Registration and comply with all applicable requirements, including the requirement to be present during guest stays. You may not list an unhosted short-term rental on the Platform.
- Rent-regulated units: Subletting or sharing a rent-stabilized or rent-controlled apartment may require DHCR approval and is subject to limitations on allowable rent. You are solely responsible for compliance.
Loft does not verify compliance with lease terms or rent regulation and assumes no liability for unauthorized subletting or lease violations.
6. Fair Housing
The Platform may not be used to discriminate against any person on the basis of race, color, national origin, religion, sex, disability, familial status, or any other characteristic protected under the Fair Housing Act, New York State Human Rights Law, or New York City Human Rights Law. Listings, messages, and search activity must comply with all applicable fair housing laws. Loft will remove non-compliant listings and may suspend or permanently ban accounts that violate this policy.
7. Prohibited Conduct
You may not:
- Post false, fraudulent, or misleading listings;
- Impersonate any person or entity;
- Harvest or scrape Platform data without written permission;
- Use the Platform for any unlawful purpose;
- Attempt to circumvent any security or access control feature;
- Post spam, advertising unrelated to your listing, or harassing content;
- Charge tenant broker fees in violation of the FARE Act.
8. User Content
You retain ownership of content you post (listings, photos, videos, messages). By posting, you grant Loft a non-exclusive, worldwide, royalty-free license to display, distribute, and promote your content in connection with operating and marketing the Platform. You represent that you have all rights necessary to grant this license.
9. Intellectual Property
The Loft name, logo, and Platform design are owned by Sweetwater Labs LLC. You may not use them without prior written consent.
10. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. LOFT DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT LISTINGS ARE ACCURATE OR AVAILABLE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOFT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY TRANSACTION ENTERED INTO THROUGH THE PLATFORM. LOFT'S TOTAL LIABILITY SHALL NOT EXCEED $100.
12. Indemnification
You agree to indemnify and hold Loft harmless from any claims, damages, or expenses (including attorneys' fees) arising from your use of the Platform, your listings, your violation of these Terms, or your violation of any third-party rights.
13. Termination
Loft may suspend or terminate your account at any time for violation of these Terms or for any other reason at our discretion. You may delete your account at any time through the app settings.
14. Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes shall be resolved in the courts of New York County, NY.
15. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes through the app or by email. Continued use of the Platform after changes constitutes acceptance.
16. Contact
Questions about these Terms? Contact us at support@tryloft.city.