Kiritsis & Associates

 

Are oral leases legally permissible/enforceable when it is regarding New York real property?

Jul 26, 2021

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

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


Yes. Oral leases are ill-advised compared to written leases. Oral leases can be legally valid and binding under the proper circumstances.


Correctly spelling the lessor’s and lessee’s names is crucial when drafting and reviewing leases. A well-written lease should entirely describe the property. When addressing rent in a lease, parties should carefully spell out the proper sum of the rent. Rent provisions should include the exact date rent is due.

Depending on the individual county and/or municipality rules, as well as, the premises' use type and applicable zoning-code type of regulations, a real property lease agreement, may be legally required to file a public-recordation type of document, with the recorder-office.

 

New York laws tend to be fickle in this area. While the statutes make it seem that oral leases are valid only in narrow circumstances, courts may widely construe those leases. Written residential leases typically written in a clear and cohesive manner along with a contract section that is properly divided and captioned.

The COVID-19 pandemic has significantly impacted the laws revolving New York leases, in many ways. Trying to account for all COVID-19 legal changes within this subtropical practice area will not only be an unrealistically ambitious venture but likely futile.

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 special zoning classification uses or restrictions be included in New York real property leases, accounting for such uses by the tenant(s)?  Has the lease been reviewed and revised to account for any recent relevant changes in New York law? Do any rent regulation laws apply to the lease?

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:
 

Non-rent regulated residential lease contracts.

Rent regulated stabilized residential lease contracts.

Commercial lease contracts.

Industrial occupancy lease contracts.

Warehouse storage lease contracts.

Medical space use lease contracts. 

Spa and physical therapy related use lease contracts. 

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

Safety deposit/vault use lease contracts. 

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

Co-habitation lease contracts. 

Gross lease contracts. 

Single net lease contracts. 

Triple net lease contracts. 

Real property lease contracts. 

Lease contract modifications.

Gas station and related use lease contracts. 

Food establishment and related use lease contracts. 

Liquor store and other related use lease contracts. 

Parking space and garage related use lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

Church and related use lease contracts. 

Synagogue and related use lease contracts. 

Hinduism temple and related use lease contracts. 

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

Lease contracts with option to purchase clause.

Tax favored lease contracts. 

Agriculture and related use lease contracts. 

Poultry related use lease contracts. 

Mineral rights related use lease contracts. 

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

Buffet-style restaurant use lease contracts. 

Landlord-focused and customized lease contracts. 

Construction project centered lease contracts. 

Co-op lease contracts. 

Condo-type building premises lease contracts. 

Condo co-op building premises lease contracts. 

Two family dwelling lease contracts. 

4-plex property lease contracts. 

Mixed-use property lease contracts. 

Industrial use property lease agreements. Kiritsis Law Group. Phone: (212)–922–0005  

Postal office box related use lease agreements. 

Carwash and other related use lease agreements. 

Hair saloon and related use lease agreements. 

Drafting lease agreements.

Lease 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:


New York Constitution

New York City Bar Association

New York Department of Finance

New York State Society of CPAs

General Obligation Law (GOL) §5-702, §5-703

 

NY RPL §226

NY RPL §232

NY RPL §237

 

Hiles v. Fisher, 144 N.Y. 306 (1895)

Lawriv v. Cit of Rochester, 14 A.D.2d 13 (4th Dept. 1961)

Minja K Co. v. Randolph, 140 A.D.2d 245 C 1st Dept, (1988)

Scutti Enterprises, Inc. v. Wackermain Cuchone Custom Builders, Inc., 153 A.D.2d 83 (4th Dept. 1989)

Witter v. Taggart, 78 N.Y.S.2d 234 (1991)

Bonton v. Williams, 42 A.D.3d 795 (3rd Dept. 2007)

Wells Fargo Bank N.A. v. Marchione, 69 A.D.3d 204 (2nd Dept. 2009)

Meyers v. Rosen, 69 A.D.3d 1095 (2nd Dept. 2010)

Pritsiolas v. Apple Bankcorp, Inc., 120 A.D.3d 647 (2nd Dept. 2014)

Kheel v. Molinari, 165 A.D.3d 1576 (3rd Dept. 2018)


Law Offices of Kiritsis & Associates
Phone # 212 922 0005
 

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