Kiritsis & Associates

 

Are real property leases in New York, legally binding contracts?

Jul 26, 2021

Kiritsis Law Offices.Phone: (212) – 922 – 0005.
Written by: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

Yes, under certain conditions. Real property contracts may be subject to various regulations that do not apply to other business contracts. Real property does NOT include personal property. New York real property law does NOT include personal property. In New York, chattel is typically NOT considered real property. Leases with governmental parties are beyond the scope of this legal guide.

Public policy favors allowing for more freedom to contract with regards to leases dealing with commercial use and commercial business tenants, as opposed to leases dealing with residential unit type of spaces which would presumably be utilized by tenants for habitation.

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.

Under the recent changes in New York law resulting from the passage of HSTPA in 2019, there are situations where a court may construe a properly drafted lease as invalid. A common defect of otherwise binding leases is that, in certain situations, the lease suppresses an unalienable legal protection afforded to tenants.

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:
 

New York non-rent regulated residential lease contracts.

New York rent regulated stabilized residential lease contracts.

New York commercial lease contracts.

New York industrial occupancy lease contracts.

New York warehouse storage lease contracts.

New York medical space use lease contracts. 

New York chemical and pest control related use lease contracts. 

New York roommate use lease contracts. 

New York shared office space use lease contracts. 

New York netted lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

New York double net lease contracts. 

New York cancellation of real property lease contracts. 

New York cancellation of commercial lease contracts. 

New York gas station and related use lease contracts. 

New York food establishment and related use lease contracts. 

New York liquor store and other related use lease contracts. 

New York parking space and garage related use lease contracts. 

New York church and related use lease contracts. 

New York synagogue and related use lease contracts. 

New York Hinduism temple and related use lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

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

New York lease contracts with option to purchase clause.

New York tax favored lease contracts. 

New York agriculture and related use lease contracts. 

New York poultry related use lease contracts. 

New York mineral rights related use lease contracts. 

New York laboratory and medical testing related use lease contracts. 

New York buffet-style restaurant use lease contracts. 

New York landlord-focused and customized lease contracts. 

New York construction project centered lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

New York co-op lease contracts. 

New York condo-type building premises lease contracts. 

New York condo co-op building premises lease contracts. 

New York two family dwelling lease contracts. 

New York 4-plex property lease contracts. 

New York mixed-use property lease contracts. 

New York industrial use property lease contracts. 

New York postal office box related use lease contracts. 

New York carwash and other related use lease contracts. 

New York hair saloon and related use lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

New York governmental entity organization related use lease contracts. 

New York adults-only recreational use lease contracts, including Strip clubs, Marijuana dispensaries, etc.

New York co-op propriety lease contracts. 

New York drafting lease contracts.

New York lease contract 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 us 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

Manhattan Office (Main Office):
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