Kiritsis & Associates

 

Addressing hot water and janitorial type of services on a New York lease agreement.

Jul 26, 2021

Kiritsis Law Offices Call: (212) – 922 – 0005.

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

 

Since commercial landlords and tenants have so many contractual freedoms, they should negotiate hot water and janitorial expenses. A party that fails to properly plan to approach a commercial lease will waste much time reviewing and negotiate the lease later on.

 

Construing leases is often a matter of law. A jury will rarely resort to the parole evidence rule. Net leases often protect the landlord’s interests. New York real property law does NOT include personal property.

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.

 

Given the high labor costs in New York, especially with the new $15 an hour minimum wage requirement, it may be important to pay attention (to what?) when drafting for this provision within a New York City commercial lease. Regardless of any aforementioned provision, even in commercial real property leases, a landlord must give the tenant notice before terminating the lease.

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.

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 agreement modifications.

Cancellation of real property lease contract agreements. 

Cancellation of commercial lease contract agreements. 

Gas station and related use lease contract agreements. 

Food establishment and related use lease contract agreements. 

Mineral rights related use lease contract agreements. 

Laboratory and medical testing related use lease contract agreements. 

Riparian and water rights related use lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Dining hall use lease agreements. 

Tenant-focused and customized lease agreements.

Condo lease 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. 

Mixed-use property lease contract agreements. 

Industrial use property lease contract agreements. 

Postal office box related use lease contract agreements. 

Carwash and other related use lease contract agreements. 

Hair saloon and related use lease contract agreements. 

Governmental entity organization related use lease contract agreements. 

Adults-only recreational use lease contract agreements, including strip clubs, Marijuana dispensaries, etc. Phone: (212)–922–0005. Kiritsis Law Firm.

Co-op propriety lease contract agreements. 

Drafting lease contract agreements.

Lease contract agreement and document review services.

 

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.

 

Potential relevant citations and informational references:

 

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
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