Kiritsis & Associates

 

A look at lessee's legal abilities with respect of having their New York leases assigned to another party.

Jul 26, 2021

Law Offices of Kiritsis & Associates — (212) – 922 – 0005.

Author: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

 

Landlords should be wary of whether or to what extent they allow tenants to assign the premises. Real property does NOT include personal property.

 

Courts will NOT construe a lease in a way that leads to absurd results. A triple net lease is a type of net let lease. The lease should spell out any exclusive use provisions for the premises.

With regards to rental lease agreements in New York, it goes without saying that zoning variance type of lawsuits can be a very time consuming, infuriating ant expensive adventure to the unwary. Landlords and tenants (especially, when dealing with commercial-use real property premises) should be mindful of not only their planned use actions with regards of the premises, but also of those of their surroundings.

 

Given the wide fluctuations in rent market prices regarding New York City commercial premises, these provisions may be especially important. Under New York law, complicated regulations may apply when a court construes the landlord preventing the tenant from assigning the premises as unreasonable.

 

The law as it pertains to lease contracts in New York, may have changed and/or continue to evolve, during the legal changes brought on by Covid 19.  It is perhaps worth mentioning that even before the spread of the Coronavirus in the U.S., New York Landlord/Tenant laws and real property leasing laws, were considered highly esoteric and by many were a sign of a much need legal reform.

 

To better assist in a quest of further analyzing this type of question(s) as revolving per this legal guide article, it may be useful to make additional inquiries, such as: Is it legal or practical to allow tenants to sublease? Are the premises that include rent or occupancy use complaint with recent building code regulations? Should the lease contain specific clauses regarding issues with security deposits?

 

Our firm can help you draft, review, negotiate, and execute any type of New York real property lease agreement. We are open seven days a week from 8 a.m. to 8 p.m. We offer prospective clients both exhaustive and comprehensive leasing law practice services, including the following:
 

Residential lease agreements.

Rent regulated residential lease agreements.

Rent control regulated residential lease agreements.

Office space lease agreements.

Warehouse commercial use lease agreements.

Office space use lease agreements. 

Bank/financial institution use lease agreements. 

Gym and other recreational related use lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Jewelry and related use lease agreements. 

Chemical and pest control related use lease agreements. 

Roommate use lease agreements. 

Shared office space use lease agreements. 

Netted lease agreements. 

Double net lease agreements. 

Commercial leases with time extension option provisions. Phone: (212)–922–0005. Kiritsis Law Firm. 

Lease contract agreements modifications.

Cancellation of real property lease contract agreements. 

Cancellation of commercial lease contract agreements. 

Gas station and related use lease contract agreements. 

Development site lease contract agreements. 

Farming related lease contract agreements. 

Livestock related use lease contract agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Mineral rights related use lease agreements. 

Laboratory and medical testing related use lease agreements. 

Buffet-style restaurant use lease agreements. 

Landlord-focused and customized lease agreements. 

Construction project centered lease agreements. 

Co-op lease agreements. 

Condo-type building premises lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Single family dwelling lease contract agreements. 

Three family dwelling lease contract agreements. 

Multi-family property lease contract agreements. 

Commercial use building premises lease contract agreements. 

Locker room/storage type lease contract agreements. 

Laundromat and other related use lease contract agreements. 

Florist, botanical, and horticulture use lease contract agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Governmental entity organization related use lease agreements. 

Adults-only recreational use lease agreements, including strip clubs, Marijuana dispensaries, etc.

Co-op propriety lease agreements. 

 

We offer prospective clients services throughout the state of New York, including the following counties:

 

Albany

Allegany

Bronx

Broome

Cattaraugus

Cayuga

Chautauqua

Chemung

Chenango

Clinton

Columbia

Cortland

Delaware

Cutchess

Erie

Essex

Franklin

Fulton

Genesee

Greene

Hamilton

Herkimer

Jefferson

Kings

Lewis

Livingston

Madison

Monroe

Montgomery

Nassau

New York

Niagara

Oneida

Onondaga

Ontario

Orange

Orleans

Oswego

Otsego

Putnam

Queens

Rensselaer

Richmond

Rockland

St. Lawrence

Saratoga

Schenectady

Schoharie

Schuyler

Seneca

Steuben

Suffolk

Sullivan

Tioga

Tompkins

Ulster

Warren

Washington

Wayne

Westchester

Wyoming

Yates

 

You can call use today for a FREE initial consultation with a licensed New York real estate attorney at (212) – 922 – 0005.

 

We offer a number of fee payment options, including Flat, Hourly Rate, Mixed-type (various payment plans combined).

 

We accept all standard methods of payment, including Cash, Personal Check, Business Check, Cashier Check, Bank Check, Money Order, Debit Card, most Credit Cards.

 

We also sell template-type products, including legal guide pamphlet-style booklets.

For more information on any of the above services and products, or any type of legally related service product, contact us at any of our New York and New Jersey branch affiliates.

 

Sources:

 

HSTPA of 2019

New York Real Property Law (NY RPL) Section 7

New York City Department of Buildings

New York State Bar Association

New York Uniform Vendor Purchaser Risk Act

 

NY RPL §223

NY RPL §227

NY RPL §235

 

Brown v. Volkening, 64 N.Y. 76 (1876)

Matter of City of New York [Braddock Ave.], 251 App. Dir. 669 (2nd Dept. 1937)

Johnson v. Depew, 33 A.D.2d 645 (4th Dept. 1969)

V.R.W., Inc. v. Klein 68 N.Y.2d 560 (1986)

Stambovsky v. Ackley, 169 A.D.2d 254 (1st Dept. 1991)

Holy Props. Ltd., L.P. v. Cole Prods. Inc., 87 N.Y.2d 130 (1995)

Wells Fargo Bank N.A. v. Carney, S.O. A.D.3d 287 (1st Dept. 2008)

Island Fed. Credit Union v. Smith, 60 A.D.3d 730 (2nd Dept. 2009)

U.S. Bank v. Dellermo, 94 A.D.3d 746 (2nd Dept. 2012)

Carlo v. Koch-Matthews, 53 Misc 3d 466 (Cohoes City Court 2016)

 

Law Offices of Kiritsis & Associates
Phone: 212 922 0005

Manhattan Office (Main Office):
633 Third Avenue
New York, NY 10017
Suite 1306

Brooklyn Office (By Appointment Only):
1023 74th Street
Brooklyn, NY 11228
1st Floor

New Jersey Office:
7309 Ventnor Avenue
Ventnor, NJ 08406
2nd Floor

ATTORNEY ADVERTISING. PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME.

We hope you would find this website useful with regards to finding potentially relevant information for your legal issue. The Law Offices of Kiritsis & Associates PLLC is a boutique law Firm Group headquartered in Midtown Manhattan, with offices in Manhattan, Brooklyn (NY) and New Jersey. We strive to provide professional legal services for individuals and various business entities. Our clientele ranges from including aspiring entrepreneurs, startups to established business organizations.

We offer flat fee prices for many of the practice areas provided listed throughout our website. For more information on the topic that you may be interested, or simply to find out how our law firm group can help, you may click at any of our site's links.

We are available for existing and potentially new clients 7 days a week – via online, phone and/or in person.

Phone: (212) – 922 – 0005.

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