Kiritsis & Associates

 

Can a New York commercial lease agreement for real property be ruled as being illegal and/or fraudulent?

Jul 26, 2021

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

Yes, in certain situations. However, the chances of a commercial lease being illegal or fraudulent are low if the lease is well-planned, carefully drafted, properly reviewed, and properly executed.

A gross lease could function as the equivalent of a net lease. Gross leases often favor the tenant. Net leases often protect the landlord’s interests. Regarding net leases, parties should distinguish between expenses for the entire property and for proportionate shares of the property.

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.

When entering a real property lease within the 5 boroughs, you should record the lease with ACRIS or its respective government recordation office. From this author’s experience, New York courts increasingly strike out leases when finding the landlord’s improper billing or record-keeping practices.

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. 

Cancellation of real property lease contracts. 

Cancellation of commercial lease contracts. 

Gas station and related use lease contracts. 

Food establishment and related use lease contracts. 

Liquor store and other related use lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

Parking space and garage related use lease contracts. 

Church and related use lease contracts. 

Synagogue and related use lease contracts. 

Hinduism temple 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. 

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. 

Single family dwelling lease contracts. 

Three family dwelling lease contracts. 

Multi-family property lease contracts. 

Commercial use building premises lease contracts. 

Locker room/storage type lease agreements. 

Laundromat and other related use lease agreements. 

Florist, botanical, and horticulture use lease agreements. Kiritsis Law Group. Phone: (212)–922–0005  

Municipal related use lease agreements. 

Hostel and other related use lease agreements. 

Master lease agreements. 

Hypothecating, equity-utilization, leveraging lease agreements. 

Negotiating lease agreements.

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.


For more information, you may want to look up the following source materials:

 

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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