Kiritsis & Associates

 

Can a court in New York, override the provisions of a commercial real property lease agreement?

Jul 26, 2021

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

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

 

Yes, since New York real estate laws are mostly based on common law. However, courts overriding or changing common law is the exception, not the rule.

 

Construing leases is often a matter of law. A jury will rarely resort to the parole evidence rule. Parties should NOT rely on courts to construe better bargains than those the lease provides. Courts will NOT construe a lease in a way that leads to absurd results. Due to constitutional and other concerns, courts will typically avoid construing a lease in a way that leads to civil forfeiture.

Constitutional provisions, especially the 13th Amendment, may work as a practical restrain with regards to landlords, having the ability to construct too overbearing/one-sided lease agreements, under the auspices of the freedom to contract.


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

 

Any answers to these issues need large qualifiers. Given the complexity of New York City commercial leases, the provisions of even the best drafted commercial lease may give rise or fail to prevent courts from finding a novel legal issue. A common reason New York courts override many lease provisions is because they violate the warranty of habitability, which do NOT apply in typical New York commercial leases.

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.
Office space use lease contracts. 
Bank/financial institution use lease contracts. 

Gym and other recreational related use lease contracts. 

Jewelry and related use lease contracts. 

Chemical and pest control related use lease contracts. 

Roommate use lease contracts. 

Shared office space use lease contracts. 

Netted lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

Double net lease contracts. 

Commercial leases with time extension option provisions.

Addendum and side deal real property lease contracts. 

Existing lease assumption lease contracts. 

Cancellation of residential lease contracts. 

Barbershop and beautician related lease contracts. 

Restaurant and related use lease contracts. 

Deli and bodega related use lease contracts. 

Bar and tavern related use lease contracts. 

Religious institution and related use lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

Morgue and related use lease contracts. 

Buddhist temple and related use lease contracts. 

Non-profit and related use lease contracts. 

Lease sales back terms lease contracts. 

Development site lease contracts. 

Farming related lease contracts. 

Livestock related use lease contracts. 

Timber related use lease contracts. 

Oil drilling related use lease contracts. 

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

Dining hall use lease contracts. 

Tenant-focused and customized lease contracts.

Condo lease contracts. 

Condo co-op lease contracts. 

Co-op-type building premises lease contracts. 

Single family dwelling lease contracts. 

Three family dwelling lease contracts. 

Multi-family property lease contracts. 

Carwash and other related use lease contracts. 

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

Governmental entity organization related use lease contracts. 

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

Co-op propriety lease contracts. 

Drafting lease contracts.

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 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:

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):
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