Kiritsis & Associates

 

A word on the risk of fire and/or property destruction clauses in New York real property leases.

Jul 26, 2021

Law Offices of Kiritsis & Associates — (212) – 922 – 0005.
Author: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

 

Fire and property destruction provisions are rarely drafted, negotiated, or legally scrutinized in commercial leases since they rarely happen. However, including such provisions will have monumental consequences if the premises are burned or otherwise destroyed. With commercial lease cases, lawyers find client intake extremely important since each case is very fact specific.

 

As the default, courts construe commercial leases in a way that honors the intentions of the contracting parties. Gross leases often favor the tenant. Rent provisions should include the exact date rent is due.

Increasingly, tenants and landlords understand (especially due to Covid 19 pandemic) with have well-thought out, carefully planned for, meticulously drafted, diligently scrutinized and legally executable and self-enforceable lease contract agreements.

 

Statutory provisions may override or alter any contrary provision in a New York lease. A tenant who waives statutory rights (such as the warrant of habitability), disregarding the risks to his/her life, health, or safety, may not only cause those rights to become void under public policy grounds but may open the landlord to opposing punitive damages.
 

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: Should any pertaining lease documents be filed as a public recordation? Is it possible to make a county-specific public recordation of the pertaining lease documents? Is it permissible to have the lease be freely assignable?

 

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.

Medical space use lease agreements. 

Spa and physical therapy related use lease agreements. 

Professional service lease agreements, including Accounting, Insurance, Medicine, Law, Architecture, etc.

Safety deposit/vault use lease agreements. 

Cinema and theater productions related use lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Co-habitation lease agreements. 

Gross lease agreements. 

Single net lease agreements. 

Triple net lease agreements. 

Real property lease agreements. 

Lease agreements modifications.

Cancellation of real property lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Barbershop and beautician related lease contract agreements. 

Restaurant and related use lease contract agreements. 

Deli and bodega related use lease contract agreements. 

Bar and tavern related use lease contract agreements. 

Religious institution and related use lease contract agreements. 

Morgue and related use lease contract agreements. 

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

501 (c) 3 organization and related use lease agreements. 

Lease agreement contracts with option to purchase clause.

Tax favored lease agreements. 

Agriculture and related use lease agreements. 

Poultry related use lease agreements. 

Mineral rights related use lease agreements. 

Laboratory and medical testing related use lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Dining hall use lease contract agreements. 

Tenant-focused and customized lease contract agreements.

Condo lease contract agreements. 

Condo co-op lease agreements. 

Co-op-type building premises lease agreements. 

Single family dwelling lease agreements. 

Three family dwelling lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Laundromat and other related use lease contract agreements. 

Florist, botanical, and horticulture use lease contract agreements. 

Municipal related use lease contract agreements. 

Hostel and other related use lease contract agreements. 

Master lease contract agreements. 

Co-op propriety lease agreements. 

Drafting lease agreements.

Lease agreement and document review services. Phone: (212)–922–0005. Kiritsis Law Firm.

 

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.

Website Created & Hosted by Website.com Website Builder